Terms of Use
1. Acceptance of Terms
PicoList provides online resources, including various email services
and related Web content, (referred to hereafter as "the Service") subject
to the following Terms of Use ("Terms"), which may be updated by PicoList
from time to time. PicoList will provide notice of materially significant
changes to the Term by posting notice on PicoList site. You can review the
most current version of the
Terms of Use at http://www.picolist.org/terms/. By using the
Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular PicoList services, you agree to
abide by any applicable posted guidelines for all PicoList
services, which may change from time to time. Should you object to any
term or condition of these Terms, any guidelines, or any subsequent
modifications thereto or become dissatisfied with PicoList in any way,
your only recourse is to immediately discontinue use of PicoList.
2. Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of
the person from whom such Content originated. More specifically, you
are entirely responsible for all Content that you post, email or otherwise
make available via the Service. You understand that
PicoList 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, PicoList
site and Content available through the Service may contain links to
other websites, which are completely independent of PicoList. PicoList
makes no representation or warranty as to the accuracy, completeness
or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under
no circumstances will PicoList be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise made available via the Service. You
acknowledge that PicoList does not pre-screen or approve Content, but that
PicoList 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 letter or spirit of the Terms or
for any other reason.
3. Privacy and Information Disclosure
PicoList has established a Privacy Policy to explain to users how
their information is collected and used, located at Privacy Policy, http://www.picolist.org/privacy/.
Your use of the PicoList website or the Service signifies acknowledgement
of and agreement to our Privacy Policy.
4. Conduct
If you transmit Content through the Services, you agree to
register as a PicoList sender. You also agree
- to maintain accurate registration information, including name, email
and mailing address, organization affiliation and telephone number
- not to register more than once for the purpose of circumventing
posting limits.
Additionally, you agree not to post, email, or otherwise make available Content:
- that impersonates any person or entity, including, but not limited to,
a PicoList employee, or falsely states or otherwise misrepresents your affiliation
with a person or entity;
- that is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch";
- containing religious or political polemics, proselytizing,
aggressive advocacy or advertising, spam, rudeness or personal attacks;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or socio-economic status;
- that includes personal or identifying information about another person
without that person's explicit consent;
- that promotes or engages in trade in alcohol, tobacco, firearms,
sex or drugs;
- that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do not have
a right to make available under any law or under contractual or fiduciary
relationships;
- that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes";
- that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by law in
the Province of Ontario, Canada;
- that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- that disrupts the normal function of the site via an excessive number
of messages (flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted through
the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes
- use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service
- purposefully post Content in a irrelevant or inappropriate category
or geographical location, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on PicoList infrastructure; or
- attempt to gain unauthorized access to PicoList's
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality of,
the Service or the PicoList website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to PicoList
email addresses or through PicoList computer systems is expressly prohibited
by these Terms. By subscribing to PicoList, you have solicited email from
registered PicoList Content providers by way of PicoList services, some of
which may be commercial advertisements, for the duration of your subscription.
6. Limitations on service
You acknowledge that PicoList may establish limits concerning use of the
Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service.
You agree that PicoList has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted by the
Service. You acknowledge that PicoList reserves the right at any time
to modify or discontinue the Service (or any part thereof) with or
without notice, and that PicoList shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
7. Termination of service
You agree that PicoList, in its sole discretion, has the right (but
not the obligation) to delete or deactivate your account, block your
email or IP address, or otherwise terminate your access to or use of
the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any
reason, including, without limitation, if PicoList believes that you
have acted inconsistently with the letter or spirit of the Terms. Further,
you agree that PicoList shall not be liable to you or any third-party
for any termination of your access to the Service. Further, you agree not
to attempt to use the Service after said termination. Sections 2, 4,
6 and 9-13 shall survive termination of these Terms.
8. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such organizations and/or
individuals. You agree that PicoList 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
PicoList is under no obligation to become involved. In the event that
you have a dispute with one or more other users, you hereby release
PicoList, its officers, employees, volunteers, 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.
9. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Site or the
collective work is prohibited. Copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce, duplicate
or copy Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE PICOLIST SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. PICOLIST SITE AND THE SERVICE ARE PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PICOLIST DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF PICOLIST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, PICOLIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON PICOLIST SITE OR THE
SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON PICOLIST SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PICOLIST DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
PICOLIST NETWORK SITE OR THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PICOLIST BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
PICOLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF PICOLIST SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF PICOLIST SITE OR THE
SERVICE, FROM INABILITY TO USE PICOLIST SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
PICOLIST 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 PICOLIST SITE OR THE
SERVICE OR ANY LINKS ON PICOLIST SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
PICOLIST SITE OR THE SERVICE OR ANY LINKS ON PICOLIST SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdiction, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not apply to you.
12. Indemnity
You agree to indemnify and hold PicoList, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the
Terms, your breach of any of the representations and warranties herein, or
your violation of any rights of another.
13. General information
The Terms constitute the entire agreement between you and PicoList and
govern your use of the Service, superceding any prior agreements between
you and PicoList. The Terms and the relationship between you and PicoList
shall be governed by the laws of the Province of Ontario, Canada
without regard to its conflict of law provisions. You and PicoList agree
to submit to the personal and exclusive jurisdiction of the courts
located within the Province of Ontario. The failure of PicoList 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.
14. Feedback
We welcome your feedback on this document. Please contact us at info@picolist.org
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