Effective October 2012
You are responsible for:
What you post. We respect the intellectual property rights of others and ask that you do the same (see our Copyright/IP Policy, which is incorporated herein and which you acknowledge to have read, understood and accepted). We assume no responsibility or liability for your activity in connection with the Site; you assume all risks associated with your Content, including anyone’s reliance on it and any further dissemination of it by any Site users through the social media links available on the Site. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory, or if it violates anyone’s rights (including copyright and trademark) or any laws (including illegal hate speech, defamation and privacy and compliance with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising) or any contractual or fiduciary relationship (such as insider information or proprietary or confidential information learned or disclosed to you under an obligation of confidentiality); you must make your own determination as to whether what you post violates anyone’s rights or any laws or any contractual or fiduciary relationship. Neither we nor the Copyright Office can determine for you whether a particular use of another’s copyrighted Content is fair but the Office’s factsheet on the topic can be found at http://www.copyright.gov/ fls/fl102.html. As between ComplaintsList.com and you, you own the Content (such as Comments, Reviews, commentary, compliments, complaints, opinions, insight, photographs, videos) that you post on the Site. In posting Content on the Site, you grant us (and our client, if applicable) a royalty- free, perpetual, irrevocable, non-exclusive, transferable right to use, reproduce, distribute, transmit, disseminate, display, publish, modify, perform and create derivative works thereof (in whole or in part) worldwide and to incorporate the Content into other works in any form, media or technology now known or later developed. Any such type of distribution by us of your content to other websites such as social media or others does shall not be considered as us authoring the content and you are responsible for any damages that may result from the distribution of your content. You also, by posting content on our site know that any such content may be published automatically or manually to any other sites we own or control such as our Facebook, Google Plus, or Twitter pages and you agree to any type of this distribution as being owned, published, and authored by you as part of submitting the content through our service.
What you view. Although we prohibit the posting of objectionable Content (see below), we do not prescreen Content other than attempting to filter out possibly obscene material. Using the Site may expose you to Content that you find objectionable, inappropriate or offensive, and posted Content might be inaccurate, false or misleading. You agree that your use of the Site is at your own risk and that we are not responsible or liable for any harm resulting from such use.
Your Username and Password. Your Username will also be your alias on the Site and will be associated with all of your activity on the Site, including Content that you post. We may require you to change your Username if we determine that it is offensive. You are fully responsible for maintaining the confidentiality of your Password, for ensuring that you logout at the end of each session, and for all activities that occur on the Site under your Username. You must notify us of any unauthorized use of your Username or Password or any other breach of security.
Ensuring that you are at least 13 years old. You may not register or use the Site if you are not at least 13 years old.
For our part, we:
Grant you a license to use the Site. This license is limited (for your personal, non-commercial use only), revocable, non-transferable and non-exclusive. We can change the functionality of the Site as we (or our client, as applicable) wish. If we terminate your account, this license is revoked automatically and immediately.
May remove or alter Content. We may, but have no obligation to, remove, block, alter or mark as Mature, as appropriate, but within our sole discretion, Content stored on our servers that we believe to be, or a third party believes to be, offensive, posted in breach of an obligation, unlawful or infringing, or that were created by certain users, come from specific web pages or sites, or contain certain Content, or for any other reason. We also may gather information, including metadata, screen shots, and text, from source pages which you submit, or from webpages associated with Content you submit to us and include in your post or site and such Content is considered to be submitted by you. Further, if we believe comments or posts are fake (e.g., if for a supposed impartial post refuting a claim, the originating IP address is connected to an entity that attempts to conceal its identify), we may, but have no obligation to, strike-though text or otherwise indicate our belief that the text is false.
Charge a Withdrawal fee of $199.99 to remove part of or an entire (post / claim / comment / or any other type of Content you submit to the Site). A withdrawal is a request by you to remove Content from our Site you have submitted to our Site. The fee covers our time to review, edit, or remove whatever Content you are asking to be withdrawn from the Site (but would not include removal from other social media sites through which the Content has been shared).
May require you to follow our dispute process. If you believe a claim or Content about you is false and you want the claim or Content removed, you must follow the Removal of Content/Dispute Process as set forth in the corresponding sections below.
In exchange, you agree not to:
Post or make use of Content in a way that violates anyone’s rights or any laws. See above. You agree not to use the Site to upload, post or otherwise disseminate Content or other data that (1) you do not have the right to transmit under any law or any contractual or fiduciary relationship, (2) infringes any intellectual property rights of another, or (3) that is unlawful, harmful, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, pornographic, abusive, threatening, or otherwise objectionable.
Violate our rights in the Site. You may not (1) sublicense, sell, rent, lease, transfer, reproduce, modify, publish, publicly display, distribute, adapt, translate, create derivative works of, or exploit any right in any portion of the Site, (2) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Site, (3) remove, obscure, or alter any copyright, trademark or other proprietary notice embedded in, affixed to or accessed via the Site, or (4) damage, disable, overburden, interfere with, disrupt or impair the Site, or servers or networks connected to the Site in any manner, including using the Site in an automated manner.
Post any Content on the site that could be considered advertising yourself, your company, another person, or another person(s)’ business.
And agree to:
Abide by the dispute process and its results as described below:
Removal of Content:
As stated above, while we retain, within our sole discretion, the right to remove any Content, because we generally are not positioned to assess the truthfulness or falsity of any Content, if there is Content on our Site about you or your company you believe to be false, we make available 3 ways for claims / reviews / comments to be removed from our Site (but not necessarily from other social media sites onto which the Content has been shared):
1. Court Order for removal of the Content.
2. The person who submitted the claim withdraws it from the Site.
3. If a Person or Company that is the subject of a claim/review is successful through our Dispute Process, as set forth below.
Filing a dispute with us in many cases this can be the most economical way to deal with a false claim. Going through legal channels can be expensive and not worth the cost of getting a claim removed. To this end, we have a program where for a nominal fee of $499 to administer the program, which includes our time to review the claim, contact the poster, send any correspondences between claimer and disputer to the other party, and process any changes, you can file a dispute. If you decide to file a formal dispute please read the following information on the process:
To file a dispute, you must visit and complete information requested at the Dispute page, available through the link below. After we receive your submission and verify your identity we will send you the remaining steps which include allowing you to give us a message if you want us to relay something to the poster. Then:
- We will contact the poster and request documentation, written verification of the accuracy of the post, or other written response relating to any issues you believe are false or inaccurate. We will also include any message you may wish to send them.
- If the poster does not respond within 15 business days the complaint will be withdrawn automatically due to “non response” from poster.
- If the poster replies with any documentation, verification or other written response relating to the content in dispute we will forward that to you and allow for you to respond through our Dispute process.
- If the poster doesn’t provide a further response to any further comments or questions you send them we will remove the content.
- If the poster agrees that the content is false we will also remove the content.
- If the poster does not agree that the post is false but is still willing to remove it for whatever reason the post will be withdrawn.
PLEASE NOTE THAT IN OUR DISPUTE PROCESS, WE DO NOT INDEPENDENTLY ASSESS THE TRUTHFULNESS OR FALSITY OF ANY CLAIM. WE WILL ONLY REMOVE CONTENT AS PART OF THE DISPUTE PROCESS WHEN A POSTER OR CLAIMAINT DOES NOT RESPOND DURING ONE OF THE STAGES OF THE DISPUTE PROCESS OR IF THE POSTER STATES IN WRITING TO US THAT THE CONTENT WAS FALSE OR THEY AGREE TO WITHDRAW IT. ALSO, OUR DISPUTE PROCESS ONLY INCLUDES COMMUNICATIONS MADE THROUGH OUR DISPUTE PORTAL. WE DO NOT CONSIDER COMMUNICATIONS SENT TO US PURPORTING TO BE FROM ANOTHER PARTY TO THE DISPUTE UNLESS THAT OTHER PARTY CONFIRMS THE COMMUNICATION ORIGINATED WITH THEM.
For All Legal Issues please contact our Legal Department at:
By Email: legal@ComplaintsList.com
By Mail: 1550 Larimer St Suite 108 Denver, CO 80202
Our legal rights:
NO WARRANTY. COMPLAINTSLIST.COM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, CLIENTS, REPRESENTATIVES AND AGENTS (FOR THE PURPOSES OF THIS LEGAL RIGHTS SECTION, WE) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER, 2) WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, INCLUDING THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE, 3) YOU USE THE SITE AT YOUR OWN RISK AND DISCRETION, AND 4) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE.
LIMITATION ON OUR LIABILITY. WE WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID US FOR USE OF THE SITE.
You Indemnify Us. You agree to indemnify, defend and hold us harmless from and against any and all claims, lawsuits, demands, actions or other proceedings brought against us by any third party due to, arising out of or related to your Content, your use of the Site, your violation of these TOS, any law or regulation or any third party rights. You agree to pay any and all costs, damages and expenses, including reasonable attorneys’ fees, awarded against or otherwise incurred by us in connection with such proceedings.
Our Intellectual Property. ComplaintsList.com (or its Customer(s)) owns all right, title and interest in and to the Site and the intellectual property rights (including trademark rights, copyright rights, trade secret rights and any other proprietary rights) therein, and you acknowledge that ownership and that the limited license we grant you does not convey or transfer any ownership to you.
Enforcement. You agree that all legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Colorado, United States of America. Any lawsuits concerning these TOS shall be filed in state or federal courts for Denver County, Colorado. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in these TOS shall not constitute a waiver of such rights upon the recurrence of such violation