The
following describes the terms on which Favor List offers you access to our
services.
Welcome
to Favor List. By using the services available from the domain and sub-domains
of www.favorlist.com (the “Site”)
you are agreeing to the following terms, including those available by hyperlink
(the “Agreement” or “User Agreement”) with Favor List LLC and the general
principles for the web sites of our subsidiaries and international
affiliates. If you have any questions,
please refer to the Help section on the Site.
Before
you may become a member of Favor List, you must read and accept all of the
terms and conditions in, and linked to, this User Agreement and the Privacy
Policy. We strongly recommend that, as you read this User Agreement, you also
access and read the linked information. By accepting this User Agreement, you
also agree that your use of other Favor List branded web sites will be governed
by the User Agreement and Privacy Policy posted on those web sites.
This
Agreement is effective on February 1st, 2006 for current users, and
upon acceptance for new users.
While
using the Site, you will not:
·
post content or items in an inappropriate category or areas on the
Site;
·
violate any laws, third party rights, or our policies such as the
Prohibited and Restricted Items policies;
·
use the Site if you are not able to form legally binding contracts, are
under the age of 18, or are temporarily or indefinitely suspended from our
Site;
·
fail to deliver payment for items purchased by you, unless the seller
has materially changed the item’s description after you bid, a clear
typographical error is made, or you cannot authenticate the seller’s identity;
·
fail to deliver items purchased from you, unless the buyer fails to
meet the posted terms, or you cannot authenticate the buyer’s identity;
·
manipulate the price of any item or interfere with other user’s
listings;
·
circumvent or manipulate our fee structure, the billing process, or
fees owed to Favor List;
·
post false, inaccurate, misleading, defamatory, or libelous content
(including personal information);
·
take any action that may undermine the feedback or ratings systems
(such as displaying, importing or exporting feedback information off of the
Site or for using it for purposes unrelated to Favor List);
·
transfer your Favor List account (including feedback) and User ID to
another party without our consent;
·
distribute or post spam, chain letters, or pyramid schemes;
·
distribute viruses or any other technologies that may harm Favor List,
or the interests or property of Favor List users;
·
copy, modify, or distribute content from the Site and Favor List’s
copyrights and trademarks; or
·
harvest or otherwise collect information about users,
including email addresses, without their consent.
Favor
List and the Community work together to keep the site working properly and the
Community safe. Please report problems, offensive content, and policy
violations to us.
Favor
List’s Rights Owner program works to ensure that listed items do not infringe
upon the copyright, trademark or other rights of third parties. If you believe
that your rights have been violated, please notify our Rights Owner team by
emailing rightsowner@favorlist.com. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify Favor List’s agent for notice
of claims of copyright or other intellectual property infringement (“Agent”),
at abuse@favorlist.com
or mail to : Copyright Agent, Favor List; 5306 Jefferson Place; Alpharetta, GA
30004. Please provide our Agent with the following Notice:
·
Identify the copyrighted work or other intellectual property that you
claim has been infringed;
·
Identify the material on the Favor List site that you claim is
infringing, with enough detail so that we may locate it on the website;
·
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
·
A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of
that owner;
·
Your address, telephone number, and email address; and
·
Your physical or electronic signature.
Favor
List will remove the infringing posting(s), subject to the procedures outlined
in the Digital Millennium Copyright Act (DMCA).
Without
limiting other remedies, we may limit, suspend, or terminate our service and
user accounts, prohibit access to our website, remove hosted content, and take
technical and legal steps to keep users off the Site if we think that they are
creating problems, possible legal liabilities, or acting inconsistently with
the letter or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts.
Joining
Favor List and posting and purchasing services is
free. We do charge a commission to the seller for our services. When you list a service you have an
opportunity to review and accept the fees that you will be charged based on our
Fees schedule, which we may change from time to time. Changes to that Policy
are effective after we provide you with at least fourteen days’ notice by
posting the changes on the Site. We may choose to temporarily change the fees
for our services for promotional events (for example, free listing days) or new
services, and such changes are effective when we post the temporary promotional
event or new service on the Site.
Unless
otherwise stated, all fees are quoted in U.S. Dollars. Our Fees are deducted
from the final purchase amount and you will receive the remaining payment via
the payment option you have chosen.
When
you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now or in the
future. (We need these rights to host and display your content.)
You
will not hold Favor List responsible for other users’ actions or inactions,
including things they post. You acknowledge that we are not a traditional
store. Instead, the Site is a venue to allow anyone to offer, sell, and buy
just about anything, at anytime, from anywhere, in a variety of pricing
formats. We are not involved in the actual transaction between buyers and
sellers. We have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of listings, the ability of
sellers to sell items, or that a buyer or seller will actually complete a
transaction.
We
do not transfer legal ownership of items or services from the seller to the
buyer, and nothing in this agreement shall modify the governing provisions of
the jurisdictions in which the buyer or seller resides, including the State of
Regardless
of the previous paragraph, if we are found to be liable, our liability to you
or to any third party is limited to the greater of (a) the total fees you paid
to us in the 12 months prior to the action giving rise to the liability, and
(b) $100.
If
you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says: “A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.”
The
Site contains robot exclusion headers. Much of the information on the Site is
updated on a real-time basis and is proprietary or is licensed to Favor List by
our users or third parties. You agree that you will not use any robot, spider,
scraper or other automated means to access the Site for any purpose without our
express written permission.
Additionally,
you agree that you will not:
·
take any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
·
copy, reproduce, modify, create derivative works from, distribute, or
publicly display any content (except for Your Information) from the Site without
the prior expressed written permission of Favor List and the appropriate third
party, as applicable;
·
interfere or attempt to interfere with the proper working of the Site
or any activities conducted on the Site; or
·
bypass our robot exclusion headers or other measures we
may use to prevent or restrict access to the Site.
We
do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
as described in the Favor List Privacy Policy. We view protection of users’
privacy as a very important community principle. We store and process your
information on computers located in the United States that are protected by
physical as well as technological security devices. You can access and modify
the information you provide us and choose not to receive certain communications
by signing-in to your account. We use third parties to verify and certify our
privacy principles. For a complete description of how we use and protect your
personal information, see the Favor List Privacy Policy. If you object to your
Information being transferred or used in this way please do not use our
services.
You
will indemnify and hold us (and our officers, directors, agents, subsidiaries,
joint ventures and employees), harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of
your breach of this Agreement, or your violation of any law or the rights of a
third party.
No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Except
as explicitly stated otherwise, legal notices shall be served on Favor List’s
national registered agent (in the case of Favor List) or to the email address
you provide to Favor List during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we may give
you legal notice by mail to the address provided during the registration
process. In such case, notice shall be deemed given three days after the date
of mailing.
If
a dispute arises between you and Favor List, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly. Accordingly,
you and Favor List agree that we will resolve any claim or controversy at law
or equity that arises out of this Agreement or our services (a “Claim”) in
accordance with one of the subsections below or as we and you otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage you
to first contact us directly to seek a resolution by going to http://www.FavorList.com/customer-support.php.
We will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as alternatives
to litigation.
Law
and Forum for Disputes - This Agreement shall be governed in all respects by
the laws of the State of Georgia as they apply to agreements entered into and
to be performed entirely within California between California residents, without
regard to conflict of law provisions. You agree that any claim or dispute you
may have against Favor List must be resolved by a court located in Fulton
County, Georgia, except as otherwise agreed by the parties or as described in
the Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within
Arbitration
Option - For any claim (excluding claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000, the
party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established
alternative dispute resolution (“ADR”) provider mutually agreed upon by the
parties. The ADR provider and the parties must comply with the following rules:
a) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, the specific manner shall be chosen by the party
initiating the arbitration; b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
Improperly
Filed Claims - All claims you bring against Favor List must be resolved in
accordance with this Resolution of Disputes Section. All claims filed or
brought contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the Resolution of
Disputes Section, Favor List may recover attorneys’ fees and costs up to $1000,
provided that Favor List has notified you in writing of the improperly filed
claim, and you have failed to promptly withdraw the claim.
You
agree not to post, email, or otherwise make available Content:
·
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another’s privacy, or is harmful to minors in any way;
·
that is pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual
intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;
·
that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
·
that impersonates any person or entity, including, but not limited to,
a Favor List employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to messages
that are lawful non-deceptive parodies of public figures.);
·
that includes personal or identifying information about another person
without that person’s explicit consent;
·
that is false, deceptive, misleading, deceitful, mis-informative,
or constitutes “bait and switch”;
·
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
·
that constitutes or contains “affiliate marketing,” “link referral
code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited
commercial advertisement;
·
that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of the Favor List sites which are not
designated for such purposes; or (2) emailed to Favor List users who have
requested not to be contacted about other services, products or commercial
interests.
·
that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law;
·
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;
·
that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively affects
other users’ ability to use the Service; or
·
that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally,
you agree not to:
·
contact anyone who has asked not to be contacted; except for users who by posting services
imply consent to be contacted for the purposes of purchasing such services.
·
“stalk” or otherwise harass anyone;
·
collect personal data about other users for commercial or unlawful
purposes;
·
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Favor List;
·
post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
·
post the same item or service in more than one classified category or
forum, or in more than one metropolitan area; or
·
attempt to gain unauthorized access to Favor List’s
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality
of, the Service or the Favor List website.
You
understand and agree that sending unsolicited email advertisements to Favor
List email addresses or through Favor List computer systems, which is expressly
prohibited by these Terms, will use or cause to be used servers located in
Each
of these policies may be changed from time to time. Changes take effect when we
post them on the Site. When using particular services on the Site, you are
subject to any posted policies or rules applicable to services you use through
the Site, which may be posted from time to time. All such policies or rules are
hereby incorporated into this Agreement.
Favor
List Inc, is located at
We
may amend this Agreement at any time by posting the amended terms on the Site.
Except as stated elsewhere, all amended terms shall automatically be effective
30 days after they are initially posted on the Site. Additionally, we will
notify you through the Site’s message center tools. This Agreement may not be
otherwise amended except in a writing signed by you and us. This Agreement sets
forth the entire understanding and agreement between us with respect to the
subject matter hereof. The following Sections survive any termination of this
Agreement: Fees and Services (with respect to fees owed for our services),
Release, Content License, Liability, Indemnity and Resolution of Disputes.
You
may report complaints to the Georgia Governor's Office of Consumer Affairs by
contacting them in writing at