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By using the Rankmylist embed functionality, you are agreeing to the Rankmylist Embed Terms below (the "Agreement"), which, among other things,
Rankmylist makes embed code ("Code") available to you to place on your website or application ("Application"), and the Code enables users of your Application ("Users") to access and view content hosted on Rankmylist’s services directly associated with such unmodified Code ("Content") on Rankmylist Platform. "Embed" means the Content and the Code, and any upgrades, enhancements or modifications to such code.
Subject to your compliance with this Agreement, you may use the unmodified Code to make the Content viewable on your Application solely for your own use as permitted by this Agreement. Nothing in this Agreement shall be deemed to grant you any right, title or interest in the Content. Except as set forth above, you are not granted any right, title or interest in the Code. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of an Embed. If you object to our use of any of the foregoing tools, your sole recourse is to stop using the Embeds and remove the Embeds from your Application.
In your use of Embeds, you will
Use of the Embeds is subject to the following restrictions:
The Embeds may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without Rankmylist’s prior written approval in each instance. You acknowledge and agree that Rankmylist may crawl or otherwise monitor your Application for the purpose of confirming compliance with this Agreement. You must never use or include the Embeds or Content in any advertisements or for purposes of targeting advertisements. Use of the Embeds is limited in number as determined by Rankmylist from time to time at its discretion and you may not make systemic or excessive requests for Embed. Notwithstanding the above clauses, you may adjust the Content so that the width and height of the Content is customized to suit your Application.
You may not display the Embeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable Content. You may not insert any intermediate page, splash page or other content between the Embeds and the applicable Content.
THE EMBEDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RANKMYLIST DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY EMBED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RANKMYLIST FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE EMBEDS. YOU UNDERSTAND AND AGREE THAT YOU USE THE EMBEDS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA OR INACCURATE DATA THAT RESULTS FROM THE USE OF THE EMBEDS.
THE EMBEDS ARE BEING PROVIDED FREE OF CHARGE. YOUR USE OF EMBED IS AT YOUR OWN RISK. YOU AGREE THAT RANKMYLIST SHALL HAVE NO LIABILITY ARISING FROM, BASED ON YOUR USE OF, OR ANY RELIANCE ON, THE EMBEDS AND SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES TO YOUR END USERS.THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, OPPORTUNITY OR DATA, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF RANKMYLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RANKMYLIST EXCLUDES ALL LIABILITY FOR THE CONSEQUENCES OF ANY INACCURACY, INTERRUPTIONS OR ERRORS IN THE EMBEDS. RANKMYLIST IS NOT OBLIGED TO MAKE ANY PARTICULAR EMBED AVAILABLE TO AND MAKES NO REPRESENTATION THAT EMBEDS WILL BE LEGALLY COMPLIANT OR OTHERWISE APPROPRIATE FOR YOUR INTENDED USE. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, RANKMYLIST’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00.
You will defend, hold harmless and indemnify Rankmylist and our affiliates, and their employees, shareholders and directors, from any third-party claim or action, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of your obligations herein.
Rankmylist may modify, supplement or replace the terms of this Agreement for any reason, effective prospectively upon posting. If you do not agree to any changes to this Agreement, you can terminate this Agreement by discontinuing use of the Embeds. Without cause Rankmylist may
In either case, you agree to promptly remove the Embeds from your Application and cease all further use of the Embeds. Those rights and obligations that by their nature are intended to survive expiration or termination of this Agreement will survive.
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. The Parties hereby irrevocably consent to the jurisdiction of either the state courts located in County of Kent, Delaware or the U.S. District Court located in said state in any action arising out of or relating to this Agreement, and waive any other venue to which either Party might be entitled by domicile or otherwise. Nothing in this Agreement will operate to transfer to you or create for your benefit, any interest (including but not limited to goodwill) in the Embeds, our branding, logo, trademarks included in the Embeds (which shall remain at all times the property of Rankmylist Inc., its licensors or third parties), or, be construed as creating a partnership or joint venture of any kind between the parties, and neither of us will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Embeds. Last modified on 09 December, 2018.