Terms of Use

Listagram Terms of Use


Last updated: 2018-05-22

These Terms of Use are entered into between You, whether personally or on behalf on an entity (“you”) and Idev AS, a Norwegian corporation (“we,” “us” or “our”). The following Terms of Use, together with any document expressly incorporated by reference, governs your access to and use of Listagram (the “Service”), as well as website, any other media form, media channel mobile website, or mobile application related, linked or otherwise connected to (collectively, the “Site”) our website listagram.com and any other related sites.

You agree that by accessing the Site and/or Service, you have read, understood, and agree to be bound by the Terms of Use, including the Privacy Policy and any other documents incorporated by reference. If you do not agree with all of these Terms of Use, you are then expressly prohibited from using the Site and Service and you must discontinue use immediately.

1 LISTAGRAM

Listagram is a list building tool, which increases conversions by turning newsletter signups into a game, where the individual signing up can be awarded an item, discount or similar at your discretion.

2 ABILITY TO ENTER INTO THIS AGREEMENT

In order to enter into these Terms of Use and use the Service, you must be 18 years or older, or have reached the legal age of majority in your jurisdiction of residence, or have legal parental or guardian consent, and be able and competent to fully enter into these Terms of Use, and to abide by and comply with these Terms of Use. You must ensure that you are legally eligible to enter into these Terms of Use under any laws applicable in your jurisdiction of residence or otherwise. If you accept this, you represent that you have the capacity to be bound by it.

If you sign up and/or use the Service on behalf of a Third Party, whether or not You are authorized by us to do so, You represent and warrant that You are authorized to act on behalf of, and bind to this agreement, the Third Party to all obligations that You have under these Terms of Use, and that we can share with the Third Party any data that is specific to the Third Party’s properties, and that you will not disclose any data belonging to the Third Party without their consent.

3 YOUR PROFILE INFORMATION AND ACCOUNT

In order to use the Service, you will be required to provide information about yourself, as part of the registration process, or as part of your continued use of the Service. You agree to provide true, accurate and current information about yourself, and if applicable, about the Third Party you are acting on behalf of. You agree and understand that you are responsible for keeping information and passwords confident. You agree that you will be solely responsible to us for all activities that occur under your account, and should you be aware of any unauthorized use of your account, you agree to notify us without any delay.

Your access to the Service is personal to you, and is not transferrable to another natural or legal person. You further agree to keep your e-mail address up to date, and change it as appropriate, as all notices in relation to the Service may be sent electronically to your e-mail address.

You, as a natural person, may only create one account on our site, except when you use our Service on behalf of Third Parties.

4 SUBSCRIPTION, FEES AND PAYMENTS FOR SERVICES

4.1 PAYMENT FOR THE SERVICE

You agree to pay us any fees for each Service you purchase or use, in according with the pricing and payment terms presented to you for your current plan. You agree to pay all charges incurred by use of your payment card, and will pay any applicable taxes, relating to the transaction. Fees paid by you are non-refundable, except when required by law or provided in these Terms of Use.

4.2 BILLING CYCLE AND PAYMENT

You will be billed in advance on a recurring, periodic basis. The billing cycle is monthly. Your subscription will automatically renew when your current billing cycle ends unless you cancel the Service through your control panel.

4.3 FREE TRIAL

We offer a 7 day free trial to new users who register for the Service. At the end of the free trial period, you must add your credit card details and subscribe to one of the plans of the Service, in order to continue using the Service.

The free trial applies to one free trial per natural person. We can invoice you for any misuse of the free trial of our Service.

4.4 CANCELLATION OF THE SERVICE AND REFUNDS

All purchases are non-refundable. You can cancel your subscription at any time through your control panel. The cancellation will take effect at the end of the current billing cycle, and there are no refunds for partially used billing cycles. Note that a cancellation must be performed before the next billing period starts, or you will also be charged for your next billing cycle.

4.5 TAXES AND VAT

Unless stated otherwise, you are responsible for any taxes (Other than our income tax) or duties associated with the sale of the Service. We are obliged to collect VAT for customers in Norway, and will add the VAT to the charges for customers in Norway. All prices listed are excluding VAT.

4.6 UPGRADE/DOWNGRADE TO THE SERVICE

You can change the subscription plan at any time using your control panel.

4.7 PRICES AND CURRENCY

All listed prices are issued in USD. Your cost for the use of our Service may increase or decrease depending on the exchange rates. You are responsible for any currency exchange taxes, fees or other costs that may incur by using our Service.

4.8 PRICE CHANGES

We reserve the right to adjust the fees for the Service at any time, provided that, for Services billed on a subscription basis, the change will come in effect only at the end of the then current billing cycle of your Subscription. We will provide you with a reasonable prior notice of any changes in Service’s fees, to give you a possibility to cancel or modify your Subscription before changes come in effect.

5 CONFIDENTIAL INFORMATION

You agree to safeguard, keep secret and not to disclose to any third party, any confidential information acquired, learned or provided from us during the term of these Terms of Use or following the expiration or termination of these Terms of Use. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

6 INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, this Site and the Service is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Collectively the «Content»), and the trademarks, service marks and logos contained therein (the «Marks») are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws of Norway, foreign jurisdictions and international conventions.

The Content and the Marks are provided on the Site AS IS, for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content nor Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site or Service, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

6.1 SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

6.2 YOUR DATA AND INTELLECTUAL PROPERTY RIGHTS

We do not claim ownership of any of your Content. The Service enables you to provide, upload or import content, including but not limited to images, text and other content, for us to provide the Service. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.

These Terms do not grant us any rights or licenses to your Content except for the limited rights needed for us to provide you with the Services, and as otherwise described in these Terms of Service. By using our Service, you grant us a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purpose of providing you the Service, and as otherwise permitted by our privacy policy and Terms of Use.

In addition you also grant us the right to collect and analyze information about the Service and the use of it, for improving the service and for other development, diagnostic and corrective purposes, and for us to disclose such data only in an aggregated or otherwise non-identifiable form in connection with our business.

7 ACCEPTABLE USE

7.1 PROHIBITED ACTIVITIES

You may not access or use the Site or Service for any purpose other than that for which we make the Site or Service available. The Site or Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a Customer of ours, you agree not to:

  • 1. systematically retrieve data or other content from the Site or Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • 2. make any unauthorized use of the Site or Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • 3. use a buying agent or purchasing agent to make purchases on the Site.
  • 4. circumvent, disable, or otherwise interfere with security-related features of the Site or Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or Service and/or the Content contained therein.
  • 5. engage in unauthorized framing of or linking to the Site.
  • 6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • 7. make improper use of our support services or submit false reports of abuse or misconduct.
  • 8. interfere with, disrupt, or create an undue burden on the Site or Service or the networks or services connected to the Site or Service.
  • 9. attempt to impersonate another user or person or use the username of another user.
  • 10. sell or otherwise transfer your profile.
  • 11. use any information obtained from the Site or Service in order to harass, abuse, or harm another person.
  • 12. use the Site as part of any effort to compete with us or otherwise use the Site or Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • 13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Service.
  • 14. attempt to bypass any measures of the Site or Service designed to prevent or restrict access to the Site or Service, or any portion of the Site or Service.
  • 15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or Service to you.
  • 16. delete the copyright or other proprietary rights notice from any Content.
  • 17. copy or adapt the Site or Service’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  • 18. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party’s uninterrupted use and enjoyment of the Site or Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Service.
  • 19. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • 20. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Service, or using or launching any unauthorized script or other software.
  • 21. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or Service.
  • 22. use the Site or Service in a manner inconsistent with any applicable laws or regulations

8 DISCLAIMER AND LIMITATIONS OF LIABILITY

8.1 DISCLAIMER

It is in our best interest to provide you with a great Service, but there are certain things we do not promise about the Site or Service. THE SITE AND OUR SERVICE IS PROVIDED ON AN AS-IS AND ASAVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS WARRANTIES OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S OR SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8.2 INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Idev AS, and its wholly owned subsidiaries, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against the company or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by the company or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (1) your breach of any term or condition of these terms, (2) your use of the services, (3) your violations of applicable laws, rules or regulations in connection with the services, (4) any representations and warranties made by you concerning any aspect of the services to any third party; (5) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the services; (6) violations of your obligations of privacy to any third party; and (7) any claims with respect to acts or omissions of any third party in connection with the services. The company will provide you with notice (an email shall suffice) of any claim, suit or action from which you must indemnify the company. You will cooperate as fully as reasonably required in the defense of any claim. The company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9 LINKS

We have not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked website is at the user's own risk.

10 TERMINATION

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you breach the Terms of Use. All the provisions of the Terms of Use, which by their nature should survive termination, shall survive termination.

Notwithstanding any other terms contained in this section, if we terminate or suspend your access to the Service, for any reason other than the breach of the Terms of Use, then your sole remedy shall be a refund or credit for any prepaid amount related to such suspension or termination.

If your access to the Service is terminated, your right to use the Service will cease immediately.

11 MODIFICATIONS

11.1 CHANGES TO TERMS OF USE

We may revise these Terms of Use or the Privacy Policy at any time without notice. Your continued use of the Site or Service following any such modification constitutes your agreement to be bound by the modified Terms of Use. If you do not agree to be bound by any updated Terms of Use, you must stop using the Site or Service immediately.

11.2 CHANGES TO THE SERVICE

We will continuously improve our Site and Service, and we may add, alter, or remove functionality from a Service at any time without prior notice to you. We may also limit, suspend or discontinue features in our Service at our own discretion. If we make changes to the Service, that can significantly reduce your ability to use the Service, we will give you a reasonable advance notice.

12 GOVERNING LAW AND VENUE

If there is any dispute between you and us about or involving these Terms of Use, the Site, or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of Norway. You hereby agree to submit to the exclusive jurisdiction of the courts in Norway, with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Use, the Site or the Service, howsoever arising, provided always that we may seek and obtain injunctive relief in any jurisdiction

If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only the portion that is unlawful, void or unenforceable shall be stricken from these Terms of Use.

13 CONTACT US

If you have any questions about these Terms of Use, or for anything else:

Corporate address:
Idev AS
Norevegen 12C
5542 KARMSUND
Norway

Email:
mail@listagram.com