List Maker Terms of Service
Welcome to List Maker! Before you register for an account, you must read and agree to the List Maker Terms of Service and privacy policies.
Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. List Maker, in its sole discretion, will modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the List Maker service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
1 Description of Service. List Maker is a list management application (the "Service") from AP Studio, LLC. (“AP Studio"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. AP Studio disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. AP Studio also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2 Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. AP Studio reserves the right to refuse service to anyone at any time without notice for any reason.
3 Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by AP Studio; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. AP Studio reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4 Content of the Service. AP Studio takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does AP Studio have any obligation to monitor such third party content. AP Studio reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. AP Studio also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of AP Studio, its users and the public. AP Studio will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
5 Intellectual Property Rights. AP Studio's Intellectual Property Rights. You acknowledge that AP Studio owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "AP Studio Rights"), and such AP Studio Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The AP Studio Rights include rights to (i) the Service developed and provided by AP Studio; and (ii) all software associated with the Service.
6 Your Intellectual Property Rights. AP Studio does not claim any ownership in any of the content that you upload, transmit or store in your List Maker account. We will not use any of your content for any purpose except to provide you with the Service.
7 Representations and Warranties. You represent and warrant that (a) all of the information provided by you to List Maker to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
8 Privacy. As a condition to using the Service, you agree to the terms of the List Maker Privacy Policy as it may be updated from time to time. AP Studio understands that privacy is important to you. You do, however, agree that AP Studio may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the List Maker Privacy Policy.
9 Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of six months, AP Studio reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
10 Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to List Maker within the app, however, that a terminated account may continue to exist for a few days before such cancellation takes effect. AP Studio may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless AP Studio has previously canceled or terminated your use of the Services (in which case subsequent notice by AP Studio shall not be required), AP Studio will notify you via email of any such termination or cancellation, which shall be effective immediately upon AP Studio's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 12 of the Agreement shall survive expiration or termination.
11 Indemnification. You agree to hold harmless and indemnify AP Studio, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AP Studio will provide you with written notice of such claim, suit or action.
12 Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Travis County, Texas, and you consent to the jurisdiction of such courts.
13 Arbitration Agreement.
i You and AP Studio agree that any dispute, claim or controversy arising out of or relating in any way to the List Maker Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AP Studio are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your List Maker account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by these Agreements, and as administered by the AAA. You and AP Studio agree that these Agreements involve interstate commerce and are subject to the U.S. Federal Arbitration Act.
ii You and AP Studio agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the List Maker Service are NOT subject to mandatory arbitration. Instead, you and AP Studio agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in the Travis County in Texas, and that applicable Texas and/or Federal law shall govern, without regard to choice of law principles.
iii YOU AND AP STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
iv Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by AP Studio. Any arbitration costs or fees deemed "excessive" will be paid by AP Studio. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse AP Studio for all fees associated with the arbitration paid by AP Studio on your behalf, which you otherwise would be obligated to pay under the AAA's rules.