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Terms of Use

1. ACCEPTANCE OF TERMS
Please read the following terms of use (Terms) before you begin using the services of 8LIST. By using the services on 8LIST in any way, you are agreeing to comply with these Terms. The Terms at 8LIST are subject to change without notice. Your use of a particular 8LIST service may be subject to the regulation of special terms for that service. If you dissatisfy with 8LIST in any way, your only recourse is to immediately discontinue the use of 8LIST.

2. SERVICE AND CONTENT
8LIST provides a rich variety of services including information post and search. You understand that 8LIST may include advertisement in the services. The services of 8LIST are provided "AS-IS" and 8LIST assumes no responsibility for the mistakes and failures in delivering services. You understand and agree that 8LIST can establish limits concerning the use of service or terminate any services under its sole discretion with or without noticing users. 8LIST will not be responsible for any loss caused by 8LIST 's operation including the changes of services or termination of services.

You agree that 8LIST, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service, immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if 8LIST believes that you have acted inconsistently. Further, you agree that 8LIST shall not be liable to you or any third-party for any termination of your access to the Service.

You understand that all the postings, text, files, or other materials ("Content") posted on, transmitted through, or linked from the 8LIST, are the sole responsibility of the person from whom such Content originated. By posting, you are entirely responsible for all Content that you provided. You understand that 8LIST does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the 8LIST site and Content available through the Service may contain links to other websites, which are completely independent of 8LIST. 8LIST makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such sites. You acknowledge that 8LIST does not pre-screen or approve Content, but that 8LIST shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms or for any other reason.

3. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify 8LIST agent at cs@8list.com for notice of claims of copyright or other intellectual property infringement.

Please provide us with the following Notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed
  2. Identify the material on the 8LIST site that you claim is infringing
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  5. Your address, telephone number, and email address
  6. Your electronic signature

8LIST will remove the infringing posting(s) subject to the procedures outlined by the law.

4. YOUR REGISTRATION OBLIGATIONS
8LIST users have obligation to (a) provide true and accurate information when registering in 8LIST, and (b) maintain and update registration information constantly to keep it true, accurate and current. If 8LIST suspects that registered information is untrue, inaccurate, not current or incomplete, 8LIST has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

8LIST is concerned about the safety and privacy of all its users, particularly children. Children under age 14 are not allowed to register and visit 8LIST without parents' or guardians' consents. Parents and guardians' consent should be sent to: cs@8list.com

5. PRIVACY POLICY
8LIST concerns about the privacy of our users. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.8list.com/home/common/privacy.php.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account password and you are fully responsible for all activities that occur under your account.

7. CONDUCT
8LIST does not pre-screen materials posted and transmitted in 8LIST and does not provide any guarantee regarding anything posted or transmitted by users. You understand that you are fully responsible for anything you upload, transmit or post by using 8LIST's services. Under no circumstances will 8LIST be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree that by using 8LIST services, you do not

  1. violate any local laws and regulations of 8LIST and of your location,
  2. infringe other's intellectual property or property right,
  3. reveal other's privacy and identity,
  4. contain harmful, abusive, hateful, and obscene language or images,
  5. contain adult only or erotic content,
  6. seduce minors or harm minors,
  7. transmit or upload advertisements of any kind, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
  8. transmit or upload virus or do anything that may damage the operation of 8LIST,
  9. attempt to gain unauthorized access to 8LIST's computer systems disrupt the order of 8LIST and its services,
  10. forge information or mislead users and the public,
  11. stalk another and store personal data of other users,

8LIST retains the right to remove or block any content under its sole discretion.

You understand and agree that sending unsolicited email advertisements to 8LIST email addresses or through 8LIST computer systems are expressly prohibited by these Terms. Any unauthorized use of 8LIST computer systems is a violation of these Terms.

8. INDEMNITY
You agree to indemnify and hold 8LIST, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 8LIST may establish general practices and limits concerning use of the Services. You agree that 8LIST has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that 8LIST reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that 8LIST reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
Your interactions with organizations (including advertisers on 8LIST) and/or individuals found on or through the Content and Service of 8LIST are solely between you and such organizations and/or individuals. You agree that 8LIST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that 8LIST is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 8LIST, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY 8LIST SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 8LIST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 8LIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 8LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE 8LIST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE 8LIST SITE OR THE SERVICE, FROM INABILITY TO USE THE 8LIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE 8LIST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 8LIST SITE OR THE SERVICE OR ANY LINKS ON THE 8LIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 8LIST SITE OR THE SERVICE OR ANY LINKS ON THE 8LIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited.

8LIST does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant 8LIST the following world-wide, royalty free and non-exclusive license(s), as applicable:

  1. The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting 8LIST. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 8LIST removes such Content from the Service.
  2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of 8LIST, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 8LIST removes such Content from the Service.
  3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of 8LIST, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

14. GENERAL INFORMATION
The Terms constitute the entire agreement between you and 8LIST and govern your use of the Service, superseding any prior agreements between you and 8LIST. You agree that your dispute with 8LIST should be governed by the laws of Pennsylvania. You and 8LIST agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania.

The failure of 8LIST to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.



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