Terms & Conditions

Terms and Conditions

Last updated: September 16, 2014

Acceptance of terms

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.ListWhale.com website (the "Service") operated by ListWhale ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If we believe that there is likely to be a breach of security or misuse of the Service, we my required you to change your password or we may suspend your account.

Links to and from other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ListWhale. If you visit any website via a link on this Website you do so at your own risk.

ListWhale has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ListWhale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Any party wishing to link to this Service is entitled to do so provided that the conditions below are observed:

You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

You do not misrepresent your relationship with this Service; and

The website from which you link to this Service does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this Service in breach of our terms, you shall indemnify us for any loss or damage suffered to this Service as a result of such linking.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ListWhale or otherwise used by ListWhale as permitted by law.

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Legal advice

The contents of this Service do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on this Service is provided without any or warranty of any kind. You use the material on this Service at your own discretion

Disclaimers and limitation of Liability

The Service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, ListWhale will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Service.

ListWhale makes no warranty that the functionality of the Service will be uninterrupted or error free, that defects will be corrected or that the Service or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ListWhale for death or personal injury as a result of the negligence of ListWhale or that of its employees or agents.

Indemnity

You agree to indemnify and hold ListWhale and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ListWhale arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Service.

Change of use

ListWhale reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ListWhale shall not be liable to you for any such change or removal.

Governing law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes to terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.