Statement of Rights and Responsibilities for Login Privileges (“Statement”)

As a logged-in user of Referralist.com you agree to “Statement” in its entirety.

 

  1. Privacy - Your privacy is very important to us. Put simply, we will not give out any user information -- period.

  2. Right to Refuse - We reserve the right to refuse membership, referral listings, classifieds and any other content we deem unacceptable.  We may do so at any time, without notice.

  3. Sharing Your Content and Information - You own all of the content and information you post on Referralist.com and you ultimately decide what is displayed for the public to see. In addition:
    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission:  You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post in connection with Referralist.com ("IP License"). This IP License ends when you delete your IP content or terminate your listing on Referralist.com unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information you are allowing everyone to access and use that information, and to associate it with you.

  4. Safety - We do our best to keep Referralist.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Referralist.com.
    2. You will not collect users' content or information, or otherwise access Referralist.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Referralist.com.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will not offer any contest, giveaway, sweepstakes or promotions of any kind (“Marketing”) on the Classified section of Referralist.com without our prior written consent. If we consent, you take full responsibility for Marketing.
    10. You will not use Referralist.com to do anything unlawful, misleading, malicious, or discriminatory.
    11. You will not do anything that could disable, overburden, or impair the proper working of Referralist.com, such as a denial of service attack.
    12. You will not facilitate or encourage any violations of this Statement.

  5. Registration and Account Security of Referralist.com - Users must provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on Referralist.com, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use Referralist.com if you are under 18.
    5. You will not use Referralist.com if you are a convicted sex offender.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
    9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  6. Protecting Other People's Rights - We respect other people's rights, and expect you to do the same.  Therefore:
    1. You will not post content or take any action on Referralist.com that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on Referralist.com if we believe that it violates this Statement.
    3. If you repeatedly infringe other people's intellectual property rights, we will disable your account.
    4. You will not use our copyrights or trademarks (including Referralist.com, Troubleshooter.com and Martino.TV Logos) or any confusingly similar marks, without our written permission.
    5. If you collect information from users, you will: obtain their consent, make it clear you (and not Referralist.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    6. You will not post anyone's identification documents or sensitive financial information on Referralist.com.

  7. Special Provisions Applicable to Share Links - If you include a Link button on your website, the following additional terms apply to you:
    1. We give you permission to use Referralist.com's Link button so that people can link back to Referralist.com from another website.
    2. You give us permission to use and allow others to use such links and content on Referralist.com.
    3. You will not place a Link button on any page containing content that would violate this Statement if posted on Referralist.com.

  8. About Advertisements on Referralist.com - Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
    1. We do not give your content or information to advertisers without your consent.
    2. You understand that we may not always identify paid services and communications as such.

  9. Special Provisions Applicable to Advertisers - You can target your specific audience with your listing on Referralist.com or in the classified section of Referralist.com.  In doing so, the following additional terms apply:
    1. Your ads will comply with all terms and conditions of this Statement.
    2. We will determine the size, placement, and positioning of your ads.
    3. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    4. We cannot control how people interact with your ads, and if those responding will be genuine sales leads and/or potential customers.  We are not responsible for click fraud or other improper actions.
    5. We can use your ads and related content and information for marketing or promotional purposes.
    6. We may reject or remove any ad for any reason.
    7. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

                          i.    You warrant that you have the legal authority to bind the advertiser to this Statement.

                         ii.    You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

 

10.  Amendments

  1. We can change this Statement as needed for any reason at any time.  
  2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, at any time.

 

11.  Termination - If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Referralist.com to you.

 

12.  Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Referralist.com exclusively in a state or federal court located in Denver County. The laws of the State of Colorado will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Denver County, Colorado for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on Referralist.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP Referralist.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Referralist.com "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Referralist.com WILL BE SAFE OR SECURE. Referralist.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

13.  Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Referralist.com.

 

14.  Definitions

  1. By "Referralist.com" we mean the features and services we make available, including through (a) our website at www.Referralist.com and any other Referralist.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. By "us," "we" and "our" we mean Referralist.com and Troubleshooter Network, Inc., together with its principals and authorized staff.
  3. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Referralist.com or provide data to us.
  4. By "information" we mean facts and other information about you, including actions you take.
  5. By "content" we mean anything you post on Referralist.com that would not be included in the definition of "information."
  6. By "data" we mean content and information that third parties can retrieve from Referralist.com or provide to Referralist.com through Platform.
  7. By "post" we mean post on Referralist.com or otherwise make available to us (such as by using an application).
  8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  9. By "active registered user" we mean a user who has logged into Referralist.com at least once in the previous 60 days.
  10. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.

 

15.  Other

  1. This Statement makes up the entire agreement between the parties regarding Referralist.com, and supersedes any prior agreements.
  2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Statement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Statement shall prevent us from complying with the law.
  8. This Statement does not confer any third party beneficiary rights.