LAST UPDATED: [19.11.14]
The Site is not meant for use by any person under the age of 18 without the supervision of a parent or guardian 18 years of age or older. Any person under the age of 18 may only use the Site under the supervision of a parent or guardian 18 years of age or older.
Certain Services are only available if you register. In consideration of your use of these Services, you must register by providing certain registration information as prompted by online Itchlist registration forms (the “Registration Information”). Registration Information may include your name, postal address, telephone number(s), e-mail address(es) and applicable payment information (e.g., credit card numbers, expiration dates and the like) that we use to facilitate purchases through the Site. You agree that the Registration Information you provide is true, accurate, current and complete, and that you will update and maintain the truthfulness, accuracy and completeness of such information. Failure to comply with this provision may result in immediate suspension or termination of your right to sue our Site, including any Services.!
As part of the registration process, you may be required to select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access any Services, and agree that Itchlist will have no obligation with regard thereto. Itchlist reserves the right to delete or change a password at any time and for any reason.
All materials and information contained on the Site, including without limitation, text, data, images, layout, design, software and downloadable software applications, audio and video clips, databases and ratings (collectively, “Content”), are the exclusive property of Itchlist or its suppliers. Itchlist or its suppliers retain all right, title and interest in and to the Content, including but not limited to, all copyrights, trade secret rights, trademark rights, database rights and all other intellectual and industrial property rights of any kind of nature under the laws of the India, other countries, international conventions and other applicable laws. Except as2!
specifically and explicitly provided elsewhere herein, Itchlist does not grant any express or implied right in any Content to you.
The trademarks, trade names, brands, logos, and icons identifying Itchlist and/or Itchlist’s products and services are proprietary trademarks of Itchlist. Third-partytrademarks displayed on the Site are the property of their respective owners. You may not use any of Itchlist’s trademarks or third-party trademarks without the prior written permission of Itchlist or the relevant third-party supplier, as applicable. In addition, you agree not to use any of Itchlist’s trademarks: (i) in or as part of your own trademarks or those of any third parties; (ii) to identify products or services that are not Itchlist; (iii) in a manner that is likely to cause confusion; or (iv) in a manner that implies that Itchlist sponsors, endorses or is otherwise connection with your activities or those of any third party
Itchlist does not claim ownership of any of the communications, comments, information, data, text or other materials you post, upload or otherwise submit to the Site (collectively, “Submissions”). By posting, uploading or submitting the Submissions, you hereby grant to Itchlist a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, translate, import, publicly perform, publicly display, reproduce, adapt, modify and distribute such Submissions and to prepare derivative works of, or incorporate into other works, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing, in any form, media, or technology now known or later developed. In addition, by providing Itchlist with Submissions, you hereby grant Itchlist all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Submissions. You warrant that you have the right to grant these rights to Itchlist. You also permit any other user to access, view, store or reproduce the Submissions for that user’s personal use.
Itchlist has the right, but not the obligation, to screen, monitor, edit, refuse or remove any of your Submissions without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity using the Site. Itchlist will also comply with all court orders involving requests for such information.
In connection with your use of the Site, you agree to the following rules of conduct:
Itchlist respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide Itchlist the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact Itchlist at:firstname.lastname@example.org
Some features of the Site may allow you to direct messaging, and other communications to a mobile device. If you utilize these features, please be aware that your carrier's normal rates and fees, such as text messaging fees, will apply and that you will be responsible for those charges. In the event you change or deactivate your mobile telephone number and are using features of the Site designed to contact you on your mobile telephone number, you agree to, update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. While Itchlist has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Itchlist and Itchlist’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Itchlist and Itchlist’s licensors and suppliers will have no liability for interruptions or omissions in Internet, network or hosting services.
You expressly absolve and release Itchlist and Itchlist’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe 6! weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITCHLIST, AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT P R O V I D E R S A N D L I C E N S O R S E X P R E S S LY D I S C L A I M A L L REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOUTHROUGH THE SITE.
IN PARTICULAR, YOU AGREE THAT ITCHLIST SHALL NOT BE LIABLE FOR ANY STATEMENTS, DESCRIPTIONS, COMMENTS OR OPINIONS (COLLECTIVELY, “OPINIONS”) POSTED ON THE SITE. ITCHLIST DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, INTEGRITY OR QUALITY OF ANY SUCH OPINIONS, THAT ANY SUCH OPINIONS ARE BASED ON A STATISTICALLY SIGNIFICANT SAMPLE, OR THAT ANY SUCH OPINION WILL FREE FROM ANY ERRORS OR OMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE ON ANY SUCH OPINION IS AT YOUR SOLE RISK.
NEITHER ITCHLIST NOR ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR OF THIRD-PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITCHLIST AND ITS TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITCHLIST HAS BEEN ADVISED OF THE 7! POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
You agree to indemnify and hold Itchlist and its trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) Submission you post, upload or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.