PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR PLATFORM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS PLATFORM. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR PLATFORM OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/28/2017.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Rankmylist Inc., also known as Rankmylist, a Delaware Corporation with the mailing address: 15507 Bluebonnett Dale Drive, Cypress, Texas 77433, USA and our subsidiaries and affiliates, in association with the use of the Rankmylist Platform and Services.
Please note that this is an alpha version of the Rankmylist website which is still undergoing final testing before its official release. As such, not all features of the website are fully functional and/or secure. Therefore, you may encounter bugs, glitches, lack of functionality or other problems on the website.
The website, its software and all content found on it are provided on an "as is" and "as available" basis. Rankmylist does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its content. Rankmylist will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Rankmylist website, its software or content.
By signing up as an Alpha stage user, you understand that your personal information, preferences, content and contributions may not be retained. Any downloading or uploading of content to the website is done at your own risk and you will be solely responsible for any damage to any computer system or loss of data that results from such activities. Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please send us a feedback so we can rectify these accordingly.
Rankmylist is a website and social media platform that allows users to rank, discuss and share dynamic, contentrich lists created by other users.
Any and all visitors to our Platform, despite whether they are registered or not, shall be deemed as "viewers" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "user".
The viewer and/or user acknowledges and agrees that the "Services" provided and made available through our website and applications, which may include applications on mobile devices and those applications that may be made available on various social media networking sites and on numerous other platforms and downloadable programs, are the sole property of Rankmylist. At its discretion, Rankmylist may offer website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Rankmylist Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or viewer, acknowledge, accept and agree that Rankmylist Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the viewer and/or user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Rankmylist shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To create an account and become a "user" of the Rankmylist Platform, the viewer must affirm that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the viewer must affirm that they are over the age of 13, as the Service is not intended for children under 13. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child.
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE.
In addition, the viewer must be in good standing and not an individual that has been previously barred from receiving Rankmylist's Services under the laws and statutes of the United States or other applicable jurisdiction. When a user creates an account on our Platform, Rankmylist may collect information such as name, email address, birth date, gender, location, nationality, occupation, industry and personal interests. Users can edit their account information at any time. Once an account is created on the Rankmylist Platform and the user signs in to our Services, they are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Rankmylist Inc. will have sufficient grounds and rights to suspend or terminate the user in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Rankmylist Services, or any portion thereof.
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Rankmylist Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Rankmylist Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a viewer or user of the Rankmylist Platform, you herein acknowledge, understand and agree that all information and content (text, software, codes, scripts, graphic data, images, GIFs, audio, videos, messages, tags, any combination thereof etc.) whether it is publicly or privately posted, shared and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, created, published, saved, shared, transmitted or otherwise made available by way of the Rankmylist Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by the use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, created, published, saved, shared, transmitted or otherwise made available by Rankmylist.
Furthermore, you herein agree not to make use of Rankmylist Inc.'s Services for the purpose of:
Rankmylist Inc. herein reserves the right to prescreen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to any other viewer, user and/or users.
Rankmylist Inc. herein reserves the right to access, preserve and/or disclose user account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Rankmylist Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to the Rankmylist Community Guidelines and all applicable policies established by Rankmylist or any other content providers supplying content Services to Rankmylist. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon creation of your account, you hereby acknowledge that by using the Rankmylist Platform and Services to send electronic communications, which would include, but are not limited to, searches, messages, comments, suggestions, publishing of lists and items (with texts), uploading of files, images, GIFs, audios, videos, or any combination thereof, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our Platform and hence our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States of America (See: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
Rankmylist shall not lay claim to ownership of any content submitted by any viewer, or user, nor make such content available for inclusion on our Platform and Services. Therefore, you hereby grant and allow for Rankmylist Inc. the below listed worldwide, royalty-free, transferable, sub-licensable and nonexclusive licenses, as applicable:
Any content (including those covered by intellectual property), when deleted is taken down from the publicly accessible areas of the Platform. However, the user should comprehend that the removed content may persist in backup copies for a reasonable period of time. Those areas which may be deemed "publicly accessible" areas of Rankmylist Platform are the areas of our network properties which are meant to be available to the general public, and which would include lists, items, comments, suggestions, profiles, channels, activities, discussion threads, sharing of lists or items, that are openly available to both viewers and users. However, those areas which are not open to the public, and thus available to a specific user only, would include the private messaging feature, the settings page, the list manager page, private past activity and unpublished list(s)/item(s).
Rankmylist provides features for our users and users to contribute feedback to our Platform and Services. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Platform, you acknowledge and agree that:
All viewers and/or users herein agree to insure and hold Rankmylist Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, court fees, damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and/or incidental damages, made by any third party which may arise from any content a user or users of our Platform may submit, post, modify, transmit or otherwise make available through our Services, the use of the Rankmylist Platform and Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The viewer or user herein agrees not to replicate, duplicate, copy, trade, sell, resell , lease, rent nor exploit for any commercial reason any part, use of, or access to Rankmylist's Platform and Services unless done in a manner allowed by this TOS.
You herein acknowledge that Rankmylist Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days or hours that any list, item, comment, suggestion, message or any other posted, published, saved, shared or uploaded content shall be retained by Rankmylist, nor the maximum amount of content that may be posted, created, published, uploaded, shared, saved, transmitted, sent and/or received by any user, the maximum volume or size of any content that posted, created, published, uploaded, shared, saved, transmitted, sent and/or received by an account on our Service, the maximum disk space allowable that shall be allocated on Rankmylist Inc.'s servers on the user's behalf, and/or the maximum number of times and/or duration that any user may access our Services in a given period of time. In addition, you also agree that Rankmylist has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Rankmylist shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messaging service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Rankmylist's servers. In this manner, you will be able to access and search your message history from any computer or device with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.rankmylist.com. It is your agreement to this TOS which establishes your consent to allow Rankmylist to store any and all communications on its servers.
Rankmylist shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a user of Rankmylist Platform and Services, you may terminate or delete your account, associated email address and/or access to our Services by submitting deletion or termination request to email@example.com.
As a user, you agree that Rankmylist may, without any prior written notice, immediately suspend, deactivate, ban and/or restrict your account, any email address, username and/or IP address associated with your account, and access to any of our Platform or Services. The cause for such suspension, deactivation, banning, and/or restriction of access shall include, but is not limited to:
Furthermore, you herein agree that any and all suspensions, deactivations, banning, and /or restrictions of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the suspension, deactivation, restriction or banning of your account, associated email address, username, IP address and/or access to any of our Platform and Services. The suspension or banning of your account on the Rankmylist Platform shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Rankmylist Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Platform.
Either Rankmylist or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Rankmylist Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Rankmylist's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Rankmylist Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Rankmylist Inc. Services (e.g. Content or Software), in whole or in part. Rankmylist herein has granted the user personal, nontransferable and nonexclusive rights and/or license to make use of the object code or our Software on their computer/mobile device, as long as the user does not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, the user does herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, the user also agrees not to access or attempt to access our Services through any means other than through the interface which is provided by Rankmylist for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RANKMYLIST INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL , EXEMPLARY AND/OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY REVENUES OR PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY UPON WHICH ANY CLAIM OF LIABILITY MAY BE BASED, AND EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND THE SAID DAMAGES RESULT FROM:
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT RANKMYLIST INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL HAVE TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BOTH SUPPLIER AND CUSTOMER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE PLATFORM IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.RELEASE
In the event you have a dispute, you agree to release Rankmylist Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, cobranders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitation of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Rankmylist Inc.'s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Rankmylist Inc. and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no thirdparty beneficiaries to this agreement.
Rankmylist may furnish you with notices, including those with regards to any changes to the TOS, policies, guidelines and other terms, including but not limited to email, regular mail, browser notifications, mobile device push notifications, MMS, SMS, text messaging, postings on our Platform, or other reasonable means currently known or any which may be herein after developed. Your continuation of use of the Rankmylist Platform and Services, following notice of changes to our terms, policies and/or guidelines, constitutes your acceptance of those amendments. You may not receive any such notices if you violate any aspects of this TOS by accessing our Services in an unauthorized manner. or if your account is deactivated or deleted for any reason as per the TOS. If your account is restored following deactivation or deletion, your continuation of the use of the Rankmylist Platform and Services constitute acceptance of our TOS at the point of restoration . Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Rankmylist Inc. trademarks, copyright, trade name, service marks, and other Rankmylist Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Rankmylist Inc. You herein agree not to display and/or use in any manner the Rankmylist Inc. logo or marks without obtaining Rankmylist Inc.'s prior written consent.
Rankmylist will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Rankmylist may disable and/or terminate the accounts of any User who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you can file a report using our online form or send us a free-form via mail or email, where you should provide to us the following information:
Apart from our online forms, which is the fastest and the simplest way to file a report, Rankmylist Inc. can be contacted for notice of claims of copyright or other intellectual property infringement as follows:
15507 Bluebonnett Dale Drive
Cypress, TX 77433
Telephone: (+1) 929-335-1349
BE IT KNOWN, that Rankmylist Inc. complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.rankmylist.com.
This TOS constitutes the entire agreement between you and Rankmylist Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Rankmylist Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Rankmylist Inc. Services, affiliate Services, thirdparty content or thirdparty software.
The invalidity or unenforceability of any provision or covenant in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained, and this Agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, that if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
Notwithstanding the termination of this Agreement for any reason, any terms which by their nature are intended to survive such termination shall continue in full force and effect, which terms shall include, but not be limited to, ownership rights , warranties and liabilities (Article 17 and 18) and governing law (see below).
It is at the mutual agreement of both you and Rankmylist Inc. with regard to this TOS that the relationship between the parties shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Rankmylist Inc., shall be filed within the courts having jurisdiction within the County of Kent, Delaware or the U.S. District Court located in said state. You hereby irrevocably and unconditionally accept and agree, on behalf of yourself and your organization, to submit to the exclusive jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should Rankmylist Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 TOS remain in full force and effect.
You acknowledge, understand and agree that your account is nontransferable and any rights to your ID and/or contents within your account shall terminate upon your death or the termination of your organization (in case of an official account representing a business or organization). Upon receipt of a copy of a death certificate or documents pertaining to the termination of your organization, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Rankmylist Inc. as follows:
15507 Bluebonnett Dale Drive
Cypress, TX 77433