LAST REVISION: AUGUST 2017.
“Website” shall be the site located at http://www.listvid.com , and all of its subdomains and related partner domains and derivative domains, owned and ran by ListVid.
“Services” shall be the available options and features on the Website which allow a Vendor to list items they have for sale.
“Payment Method” shall be the accepted method for verification and payment purposes at the time of registration of an account.
“Vendor” shall be the person or entity which lists an Item for sale on the Website by means of a Video Listing.
“Buyer” shall be the person who engages with a Vendor on the Website or by means of the information published on the Website, and purchases and Item.
“Item” shall be any kind of good, product or merchandize which fit into one of the available categories on the Website, and are offered through a Video Listing by a Vendor.
“Video Listing”, where “Video” isa digitalized recording of an image or set of images, such as a movie, a clip or an animation, and “Listing” is the registering and offer for sale of an Item by a Vendor, “Video Listing” shall be the Listing of an Item though the upload of a Video to the Website together with a description of the listed Item. This is an exclusive service only available through account registration and compliance with this Agreement.
“Media” shall be all texts, descriptions and definitions, documents, links, pictures, photographs, drawings, image files, audio, sound files, Videos and all digital files which may be uploaded tothe Listvid Website.
“Company” or “ListVid” shall be ListVid Corporation, which is the entity which runs and owns the Website, and may at times also be referred to in this Agreement as “we” or “our” or “us”.
“User” or “Users”, also referred to herein as “you” or “your”, shall be visitors, browsers and registered users of the Website, which are a bound and a consenting party of this Agreement.
“Platform” shall be the online interface used by Users which hold an Account on the Website to upload Media and prepare their Video Listings.
“User Generated Content” or “USG” shall be all Media content uploaded or posted to the Website by Vendors which hold an Account on the Website.
Notwithstanding the definition provided in the previous Section “DEFINITIONS”, pursuant to your compliance and non-infringement of this Agreement,ListVid allows Users to List Items on the Website by uploading their Media, including, but not limited to, Video Listings, which will be displayed on the Website. To List an Item on the Website,Users must register for an account on the ListVid Website, and comply with a Payment Method verification.Once verification and registration is completed, subject to their compliance with this Agreement, Users may upload their Media and List their Items on the Website and make their own Video Listings, alwaysin accordance with the features and limitation of their chosen package. ListVid may change the features and limitations of any available packages at any time. ListVid also may add new packages or alter the availability of packages whenever it sees fit, without any limitation whatsoever, and without any need of approval of any User.
As defined in the first and second Section of this Agreement, Video Listings are made by Users which want to list an Item and offer it on the Website for sale to potential Buyers. The Video types, formats are limited to those allowed by the Platform. A Video Listing shall have a Video and a description of the Item being listed. Such description is also considered to be USG, as well as any images, audio and other texts.
The display time and data size of the Video shall be determined by the package chosen at the time of registration. Users may upgrade their Package at any time. Users may also cancel their Package by closing their accounts at any time, which shall terminate this Agreement, notwithstanding the survival of some clauses as may be determined herein.
- To be eligible to access the Website you must:
- Be at least 16 years of age.
- Represent that you have the legal authority to consent and to be bound by this Agreement.
- Furthermore, to be eligible to List Items on the Website you must:
- Represent that you have full legal rights to offer the listed Items for sale.
- Represent that you will not use the Services for illegal purposes.
- Represent that all Media you upload to the Website is either yours, or that you hold a license which allows you to upload such Media to the Website.
To open an account on the ListVid Websiteyou shouldmeet the eligibility criteria of the previous Section. At the time of registration, you will set a password and login to access your account on the Website. You are solely responsible to safeguard your password as well as the device you access your account with. All activity of your account is construed as your own activity. In case of losing or that the account has been in some way compromised, you should immediately inform ListVid of the event.
ListVid shall retain the sole right to suspend or cancel your account in the event you breach this Agreement, or if ListVid in good faith has reasons to believe that you are engaging in illegal activities. In the latter event, ListVid may inform the authorities of such suspected activities.
ListVid hereby grants user a limited, temporary, non-exclusive right to access the websites and use the services for their own private, non-corporate, non-public and non-commercial use, excluding the activities to sell a Listed Item uploaded through the Platform. Such license does not imply any transfer of any proprietorship, nor does it represent any grant of additional license, title or interest of the Website or its content.
User hereby grants to ListVid non-revocable, perpetual, royalty-free, non-exclusive and fully assignable right and license to use, display, publish, communicate to the public, make publicly available, alter, change, modify and correct, at ListVid’s sole discretion any uploaded content to the Website, including, but not limited to any Media and USG uploaded through the Platform or the Website.
- ACCEPTABLE USE.
Users are to abide and comply with this Agreement at all times, when accessing, visiting or navigating through the Website. Additionally, and to keep a good atmosphere on the Website, users may not:
- List Items which are not of the property of User, or to which User has not enough authority to sell.
- List stolen Items, or Items which have any sort of illegal background, or are in some other manner regulated for sale.
- Upload any Media which is not property or to which the User has been granted a license which allows the User to upload such Media and license it to ListVid.
- Impersonate anyone or reporting information which is untrue, inaccurate or otherwise false.
- Breach the terms and conditions of this Agreement.
- Frame the Website.
- Mirror the Website.
- Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by ListVid.
- Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.
- Try to access ListVid Website through a backdoor, creating one, or attempt to access as anything different than a user.
- Place links to third party websites without proper written authorization by ListVid.
- Uploadmisleading information or Video Listing, in respect of an listed Item.
- Aid or assist a third party in any of the aforementioned prohibitions.
- TRADEMARK AND COPYRIGHT.
All trademarks which are displayed on the Website are subject to copyright. All trademarks and logos of ListVid are registered to them or pending of registration. Users are not allowed to use the intellectual property of Listvid without proper written authorization. ListVid is also the owner or the licensee of all the content and their emerging intellectual property rights. Whenever any uploaded Media portrays or otherwise displays or uses a trademark of a third party, or the intellectual property of a third party the Vendor which uploaded such must have clearance to use such trademark on the Website.
ListVid makes a considerable effort to be compliant with all applicable copyright acts and laws valid and applicable to the Website. To make a copyright related claim or as a question, please refer to our Copyright Policy.
- REFUND POLICY.
Users may request a refund within three working days after they have made their payment, provided that none of their advertisements have been made public. In the event that any Advert has been made public and has been displayed, even for a very short period of time, Users shall lose their right to request refunds for any payment they have paid to ListVid. ListVid may also deem that some refunds requests are being made in bad faith or to exploit the refund system, or damage the Services or ListVid as a Company. In the aforementioned case, ListVid may deny a refund, based on a bad faith or ill-intentioned request.
ListVid is fully entitled to display advertisements and sponsors on any sections or parts of the Website, whenever ListVid deems appropriate. These advertisements or sponsor images may contain hyperlinks that lead to sites or websites which are outside of the range ofListVid Websites. We strongly encourage all users that if they opt to engage with such sponsors or advertisement promotors they should carefully read any terms and policies or other legal disclaimers available on any third party websites or applications, as ListVid does not have control over such outside places, and that ListVid makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses ran by any Sponsors or Advertisers which appear on the Website.
ListVid may terminate and impede access of any User which does not comply with this Agreement or, when ListVid in good faith believe the User to be acting fraudulently or in other way harmfully against ListVid or any other third-party. The termination will affect the whole contract, but Sections1, 4, 5, 8, 10, 11, 13, 14, 15, 16, 17 and 18 shall survive the aforementioned termination, or to any kind of termination in whatsoever possible circumstance.
- PERSONAL AND PRIVATE INFORMATION.
ListVid shall at all times use reasonable technical and commercial efforts to ensure the Website’s availability, provided that no situation out of ListVid control prevents them for ensuring the availability of the Services, of which ListVid shall not be liable for. ListVid shall not make refunds or accepts any liability for unexpected downtimes or for periodical maintenance of the Website.
- NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE WEBSITE AND ANY SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED BY LISTVIDSOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND LISTVIDHEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE, THE PLATFORM, ANY AVAILABLE INFORMATION, CONTENT AND SERVICES, EITHER WHOLE OR TORT OR PART. ADDITIONALLY, LISTVIDDOES NOT WARRANT THAT THE WEBSITE AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY SPECIFIC STATE, PROVINCE OR REGION DOES NOT ALLOW ANY OF THESE DISCLAIMERS OR THE WIAVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER.
NO WARRANTY IN RELATION OF ANY LISTED ITEMS IS MADE BY LISTVID, AND THE LISTING VENDOR SHALL ASSUME ALL LIABILITY FOR DAMAGES TO BUYERS AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF THEIR LISTED ITEM, REGARDLESS OF HAVING THE INTENTION TO DO SO OR NOT.
- LIMITATION OF LIABILITY.
LISTVIDSHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OF ANY SERVICES OR PRODUCTS WHICH MAY BE AVAILABLE ON THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF LISTVIDHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND ABSORB ALL LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST LISTVIDFOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF LISTVIDARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL NOT BE MORE THAN ANY AMOUNT PAID BY THE USER TO LISTVID.
- GOVERNING LAW.
This Agreement shall be governed by the laws, acts and regulations of the State of Illinois and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the laws of the State of Illinois.
Any claims or other controversies arising in relation with this Agreement or as a result of a breach to this Agreement, is to be settled by arbitration administered by the American Arbitration Association and the number of arbitrators shall be only one.The place where this arbitration shall be held is in Chicago, Illinois, and the laws and regulations of that state shall apply. The prevailing party after the arbitration is awarded favorably shall recover from the non/prevailing part all costs in relation to this arbitration, legal fees, and reasonable attorney fees.
User hereby agrees to keep ListVid indemnified and hold ListVid harmless from and against all claims of loss and/or damage in case of wrongful use of the Website, sale fraud or for the sale of any Items which results in disputes between the Vendor and the Buyer. ListVid waives all liability of non-authorized use of the Website or registration of Children without the explicit consent of their Parents or Guardians.
If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable, the other provisions of this Agreement will remain enforceable for all purposes which may assist the parties to this Agreement.
- NO WAIVER.
Any delay or failure by either party to this Agreement to execute or exercise any right or claim related to the terms and conditions determined herein, shall not be construed as a waiver of such right.
The Parties hereto agree that User may not assign any of users’ rights or obligations determined in this agreement to any third parties, without express and explicit written consent of ListVid. ListVid may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
It is determined that all rights and remedies of ListVid under this Agreement are cumulative. User acknowledges that the Services and/or the Website may contain valuable trade secrets and proprietary information of ListVid, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to ListVid its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery. If such breach occurs, ListVid shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief which ListVid may seek.
- FORCE MAJEURE.
Any delay in the performance of any duties or obligations of ListVid, except the common obligations on User’s part such as the payment of their membership, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
- REVISIONS TO THIS AGREEMENT.
- ENTIRE AGREEMENT.
This Agreement shall be construed as the final and entire agreement between the parties respecting the subject matters determined herein and supersedes all prior discussions, either written or oral, respecting the terms and conditions set in this Agreement.