Terms and Conditions

1. Acceptance of Terms
1. ListingLogic Ltd (“ListingLogic ”) provides a suite of online services,

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including social classified listings and auction software for individuals and businesses on Facebook’s Timeline and Pages, that are subject to the following Terms of Use (“Terms”). By using the Software or the Service in any way, you agree to comply with these Terms. In addition, when using particular ListingLogic services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to setup@listinglogic.com.

  1. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with ListingLogic in any way, your only recourse is to immediately discontinue use of the Software and the Service. ListingLogic will not be held be liable for any loss or damage for non-compliance.

  2. These Terms may be updated by ListingLogic . You understand and agree that you are solely responsible for reviewing these Terms from time to time. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

  3. You understand and agree that unless expressly stated, ListingLogic in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

  4. By accessing the Software , you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the Software.

2. Use License

  1. If you choose to use the Software you must submit a valid e-mail address

    during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your Facebook username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify ListingLogic immediately of any unauthorized use of your account. ListingLogic reserves the right to refuse the Service or access to the Software to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual. This is the grant of a license, not a transfer of title, and under this license you may not:

  2. modify or copy the materials;

  1. attempt to decompile or reverse engineer any software contained on ListingLogic ’s Software;

  2. remove any copyright or other proprietary notations from the materials; or

  3. transfer the materials to another person or “mirror” the materials on any

    other server.

  4. This license shall automatically terminate if you violate any of these

    restrictions and may be terminated by ListingLogic at any time.

3. Content Disclaimer

  1. You understand that all listings, messages, text, files, images, photos, or

    other materials (“Content”) posted on, transmitted through, or linked from the Software are the sole responsibility of the person or organization from whom such Content originated. You also understand that ListingLogic does not control and is not responsible for Content made available through the Software.

  2. Furthermore, the content made available through the Software may contain links to other web sites that are completely independent of ListingLogic . ListingLogic makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web sites. Under no circumstances will ListingLogic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Software.

  3. You understand and agree that any uploading or posting will be at your sole risk and ListingLogic shall not be responsible to you in any way. Further, ListingLogic does not provide any warranty as to your use of third-party content or software that you obtain from the Software. You are also fully responsible for any Content you post.

  4. Although ListingLogic does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ListingLogic an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content. You also understand and agree that ListingLogic , in its sole discretion, may delete any Content for any reason.

4. Limitations
1. In no event shall ListingLogic or its suppliers be liable for any damages

(including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ListingLogic ’s Software.

5. Use & User Conduct
1. You agree to act responsibly and to treat other users with respect. Users

also must not use the Software to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from

6. Ownership

trade secrets, copyrights or other proprietary rights

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of ListingLogic Ltd and its licensors. “ListingLogic Ltd” and ListingLogic logos, icons and other marks identifying ListingLogic services or products are trademarks of ListingLogic and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of the Service or the Software without ListingLogic ’s express written authorization. All rights not expressly granted in these Terms are reserved to ListingLogic . Your use of ListingLogic , including statistics around your campaigns may be used as a case study for marketing and/or training purpose.

the Software. You agree not to post, email, otherwise make available

Content that:

  1. Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted,

    racially offensive, obscene or otherwise objectionable

  2. Advertises any illegal services or the sale of any items prohibited or

    restricted by applicable law

  3. Encourages conduct that could constitute a criminal offense, gives rise to

    civil liability or otherwise violates any applicable local, state, national or

    international law or regulation

  4. Transmits or posts any unsolicited or unauthorized advertising, “spam,”

    junk mail, “chain letters,” “pyramid schemes,” etc.

  5. Transmits or posts any content that infringes upon patents, trademarks,

  1. Site Terms of Use Modifications
    ListingLogic may revise these terms of use for its Software and or Service

    site at any time without notice. By using the Software you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  2. Dealings with Individuals or Companies

    1. Any claim relating to ListingLogic ’s Software shall be governed by the

      laws New Zealand without regard to its conflict of law provisions.

    2. ListingLogic shall not be liable for your interactions with any organizations

      and/or individuals found through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that ListingLogic is not responsible for any damage or loss incurred as a result of any such dealings. ListingLogic is under no obligation to become involved in disputes between participants

using the Software. In the event of a dispute, you release ListingLogic , its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. If you are a California resident, you waive California Civil Code Section 1542, which states: “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.”

  1. You acknowledge that ListingLogic may establish limits concerning use of the Software. You agree that ListingLogic has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ListingLogic reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ListingLogic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that ListingLogic in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Software (or any part thereof), immediately and without notice for any reason, including, without limitation, if ListingLogic believes that you have acted inconsistently with these Terms. Further, you agree that ListingLogic shall not be liable to you or any third-party for any termination of your access to the Software. Further, you agree not to attempt to use the Software or the Service after said termination.

  2. You further acknowledge that ListingLogic may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of ListingLogic , its users or the general public.

  3. In the event that an invoice is not paid, and ListingLogic have issued a Final Notice, the amount due will be referred to a collections agency and you will be liable for all costs of collection.

9. Governing Law
Any claim relating to ListingLogic ’s web site shall be governed by the

laws New Zealand without regard to its conflict of law provisions.

10. INDEMNITY & LIMITATION OF LIABILITY
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND

HOLD LISTINGLOGIC HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF

INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST LISTINGLOGIC ARISING OUT OF YOUR USE OF THE SERVICE OR THE SOFTWARE. IN NO EVENT SHALL LISTINGLOGIC , ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF LISTINGLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LISTINGLOGIC SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF LISTINGLOGIC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SOFTWARE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO LISTINGLOGIC , IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LISTINGLOGIC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. PaidUsers

  1. All fees non-refundable, in whole or in part, even if the Service is

    suspended, or cancelled prior to the end of your monthly or annual plan.

  2. For a trial version, if you do not cancel the Service before the Free Trial

    Period expires, and you have been informed that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize ListingLogic to charge your credit card the applicable fees as indicated at the time you signed up for the Service.

  3. Subscriptions automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another period. At the time of renewal, your credit card will be charged the then-current fees to renew the Service.

    ListingLogic Limited
    Suite 2.1, 30 St. Benedict Street Auckland, New Zealandinfo@ListingLogic.com