Terms of Service
Last updated: Tuesday, May 26, 2015
Terms of Service/Full Membership Agreement
The Lee List website, service and network (collectively, "The Lee List" or "The List") are operated by The Lee List , Inc. (collectively, "us", "we" or "The Lee List"). By accessing or using our web site at www.theleelist.com or (if/when launched) the mobile version thereof (together, the "Site"), you (the "Member") signify that you have read, understand by the Terms of Service/Membership Agreement ("Terms of Service"."Membership Agreement" or "Agreement"), whether or not you are a registered member of The Lee List. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Membership Agreement at any time without further notice. If we do this, we will post the changes to the Membership Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Membership Agreement. If you do not agree to abide by these or any future Membership Agreement, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Membership Agreement and to review such changes.
PLEASE READ THE TERMS OF SERVICE/FULL MEMBERSHIP AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
Membership in the Service is void where prohibited. This Site is intended solely for individuals who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of the Membership Agreement. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. We do not invite or accept memberships by organizations, companies, not-for-profits, charities. Membership is for human individuals only. By agreeing to the Membership Agreement, you represent that you have not previously been banned from The Lee List and are not already a Current, or Alumni/Past Member with a different email address.
Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification - not use other Members’ accounts and not let others use your account; (c) maintain and promptly update the Registration Data, and any other information you provide to The Lee List, to keep it accurate, current and complete; (d) be fully responsible for all use of your account; and for any actions that take place using your account (e) not sell, trade or otherwise transfer your Membership account or any information therein to another party; and (f) not charge anyone for access to any portion of The Lee List, or any information therein.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of The Lee List, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Lee List’s prior written permission, except that the foregoing does not apply to your own Member Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to the Membership Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of The Lee List, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Membership Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You understand that except for business promotion programs offered by us on the Site (e.g., posting to our listserv in the ‘Real Estate or Marketplace’ category), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- Harvest or collect email addresses or other contact information of other Members from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- Use automated scripts to collect information from or otherwise interact with the Service or the Site;
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be in contravention of our stated community Values, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- Register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Addresses, phone numbers etc. can be posted with the express permission of the person concerned, in the context of sharing relevant information.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass another member;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Use or attempt to use another's account, service or system, or create a false identity on the Service or the Site.
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Lee List, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose The Lee List or its Members to any harm or liability of any type.
- Engage, promote, or participate in illegal activity via the Site.
Prior to joining The Lee List, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of The Lee List Members and to The Lee List and you must not communicate to The Lee List and its Members any information the dissemination of which could be harmful to you.
Member Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Members (collectively, the " Member Content"). You may not post, transmit, or share Member Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that The Lee List may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of The Lee List violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to The Lee List.
When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Site. By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to The Lee List an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire; however, you acknowledge that The Lee List may retain archived copies of your Member Content. The Lee List does not assert any ownership over your Member Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content.
The Lee List Listserv and Message Archives
All listings posted on or through The Lee List Listserv service and all transactions conducted in connection therewith are subject to and governed by The Lee List Posting Guidelines as well as the Membership Agreement. When you use The Lee List Listserv and Message Archives in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in the Membership Agreement. The Guidelines are subject to change without prior notice at any time, at The Lee List’s sole discretion, so you should review the Guidelines each time you use The Lee List Listserv and Message Archives. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through The Lee List Listserv and Message Archives. You acknowledge that The Lee List is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by The Lee List applicable to The Lee List Listserv and Message Archives are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Membership Agreement. However, please note that the Membership Agreement does not apply to your purchases of products or services from third parties through The Lee List Listserv and Message Archives, as those transactions are strictly between you and the other party to the transaction. ALL USE OF THE LEE LIST LISTSERV and MESSAGE ARCHIVES IS PROVIDED "AS IS" AND AT YOUR OWN RISK. However, should you have a negative experience with a member or one that contravenes our Membership Agreement we ask that you please help protect the integrity of the group by following our complaints procedure.
We respect the intellectual property rights of others and we prohibit Members from uploading, posting or otherwise transmitting on The Lee List website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a written notification of such infringement, please include: description of material, location of material on The Lee List website, your personal information and a statement from you, to The Lee List, Inc. * PO Box 2745* Toluca Lake, CA * 91610.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The Lee List has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. The Lee List may also at its sole discretion limit access to the Site and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other Members of The Lee List. In all interactions you should act in accordance with our stated Values. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
That said, should you have a negative experience with a member or one that contravenes our Membership Agreement we ask that you please help protect the integrity of the group by reporting this to us at email@example.com.
Payment Method and Terms
We accept Visa, MasterCard, American Express and credit cards and certain debit cards, and Pay Pal as forms of payment. By making a payment on our site, you authorize the The Lee List, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to The Lee List for the payment of recurring membership dues, you authorize us or our designated payment processor to store your credit card number and related payment information.
The Lee List is not responsible or liable in any manner for any Member Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Members of the Site, by The Lee List, by third parties or by any of the dealings and agreements between members including member personal property, equipment or programming associated with or utilized in the Site or the Service. Although we moderate initial listserv postings for content and format appropriateness and provide rules for Member conduct and postings, we do not control and are not responsible for what Members post/reply, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Member Content. The Lee List is not responsible for the conduct, whether online or offline, of any Member of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Lee List assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. The Lee List is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will The Lee List be responsible for any loss or damage, including any loss or damage to any Member Content or personal injury or death, property damage or loss resulting from anyone's use of the Site or the Service, any Member Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Members, or any interactions between Members of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES (IF/WHEN LAUNCHED), THE LISTSERV and MESSAGE ARCHIVES SERVICE) AND THE SITE CONTENT ARE PROVIDED "AS IS" AND THE LEE LIST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE LEE LIST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THE LEE LIST DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Lee List reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL THE LEE LIST, INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS PROPERTY OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE LEE LIST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LEE LIST's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE LEE LIST FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE LEE LIST LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Lee List may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 or deceased.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Membership Agreement and any dispute of any sort that might arise between you and The Lee List or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
YOU AND THE LEE LIST AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE MEMBERSHIP AGREEMENT, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Member conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through The Lee List Listserv and Message Archives may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE MEMBERSHIP AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold The Lee List, Inc. its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content, Agreements between members, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Members of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to The Lee List are non-confidential and shall become the sole property of The Lee List. The Lee List shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Address: The Lee List, Inc. * PO Box 2745 * Toluca Lake, CA * 91610