Last updated August 1, 2008
Welcome to Barefootlist.com, which provides a social networking site for individuals that want to make a "things to do before I die" list, including suggestions for a list, profiles of members, searches to connect with other members, and Resources (with profiles) to help with completion of things on lists and various email services. The Barefootlist.com service is operated by Barefootlist.com, LLC. ("we," "us," or "Barefootlist.com"). By using the Barefootlist.com website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become a Barefootlist.com Member (a "Member"), communicate with other Members and make use of the Barefootlist.com service (the "Service"), or become a Resource you must read this Agreement and indicate your acceptance of its terms by using the site.
1. Eligibility. You must be sixteen or over to use the Website and/or register as a Member. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by following the instructions on the My Account page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
4. Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. Unless you have registered as a Resource (see Section 9 below), you may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by Barefootlist.com or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your Barefootlist.com profile or other content uploaded on the Website for the purpose of extracting such information or other content.
5. Proprietary Rights in Content.
- Rights in Content Posted by Barefootlist.com or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of Barefootlist.com, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
- Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Website (including your profile), you represent and warrant that you have the right to automatically grant, to Barefootlist.com an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
6. Content Posted by You to the Service and the Website.
- Profile Information. The Service allows Members to view profiles.
- Public Profile Information. Certain information about every Barefootlist.com Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular Barefootlist.com profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member:
- Name (first, or first and last, or chosen profile name, depending on which option the Member chooses)
- Marital status
- Number of things on Personal List
- "Member Since" date
- The URL of the Member's Barefootlist.com profile
- Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member.
- Member Identities. Your profile must describe you, an individual person. Examples of inappropriate profiles include but are not limited to profiles that purport to represent an animal, place, inanimate object, fictional character or real individual who is not you.
- Member Responsibility for Content. You are solely responsible for honesty and the Content that you Post on the Website or the Service or transmit to other Members.
- Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
- constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Section 8 below;
- displays pornographic or sexually explicit material of any kind;
- includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising, excluding any Content posted by a Resource Member; or
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.
7. Further Restrictions on Your Use of the Website and the Service.
- You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses or email addresses.
- Although Barefootlist.com cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and Barefootlist.com. To protect our Members from such conduct, we reserve the right, in Barefootlist.com's sole discretion at any time, to restrict the number of emails or other communications that a Member may send to other Members.
8. Copyright Protection Policy. You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
9. Resource Profiles.
- Registering a Resource Profile. If you wish to create a profile on behalf of a company, group, entity or organization or otherwise wish to use the Website or the Service to promote a person, business, product or service, including any widgets, applications or other Third Party Materials, you must complete the Resource Profile and you must be approved by Barefootlist.com. If your Resource Profile is approved, you will become a "Resource" under this Agreement. Until such approval is obtained, you may not create a Resource profile or use the Service on behalf of any company, group, entity or organization or otherwise to promote any person, business, product or service. Barefootlist.com reserves the right to deny approval of a Resource Profile at any time and for any reason or no reason.
- Resource Profiles and Use of Service. In completing the Resource Profile and submitting it to Barefootlist.com for approval, you agree, on behalf of yourself or your company, group, entity or organization (as applicable), to adhere to and be bound by all of the terms of this Agreement applicable to Members in general as well as the provisions of this Agreement, including Section 9, applicable only to Resource Profiles. Unless otherwise expressly provided herein, any reference to "Member" or "Members" in this Agreement will also be deemed a reference to each and every Member Entity. Notwithstanding Barefootlist.com's prior approval of any Resource Profile, Barefootlist.com reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any Content that is included in any Resource Profile (which may include the deletion of the entire Resource Profile) or to revoke such Resource's membership.
- Eligible Individuals and Groups. Subject to Barefootlist.com's absolute right to approve or disapprove any Resource Profile, the following individuals, company's, groups, entities and organizations may be eligible to create Resource Profiles:
- Bands or Musicians
- Bars or Nightclubs
- Churches and other Religious Groups
- Developers (of Widgets and Applications)
- Events or Festivals
- Fashions (e.g., Brands, Retail Outlets, etc.)
- Films or Videos (including Producers, Production Companies, etc.)
- For-Profit Businesses
- Non-Profit Organizations
- Political Organizations
- Sports Teams or other Sporting Organizations
- Travel-Related Entities
- PLEASE NOTE, however, that the above list is not exhaustive and Barefootlist.com may require, in its sole and absolute discretion at any time, any Member to register a Resource Profile as a condition to such Member's use of the Website or the Service even though such Member or such Member's entity, group, organization, product or service is not expressly listed above.
- Content of Resource Profile. The Resource Profile created and maintained by each Resource must describe only such Resource and the person, group, entity, organization, business, product or service associated with such Resource, all substantially as reported to Barefootlist.com upon approval of such Resource Profile. If you wish to add any new or additional person, group, entity, organization, business, product or service to an existing Resource Profile, you must complete a new Resource Profile and submit it for approval.
- Resource Representations and Warranties. If your or your group's, entity's or organization's Resource Profile is approved, you represent and warrant to Barefootlist.com that:
- You or your group, entity or organization (as applicable) has the right and full power and authority to enter into this Agreement;
- If your group, entity or organization is a corporation, limited liability company, limited partnership, trust or other form of organized entity:
- it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation, and
- the agreement to become a Resource, create a Resource Profile and be bound by the terms of this Agreement has been duly authorized and approved by such entity;
- This Agreement is a valid and binding agreement of the Resource, enforceable in accordance with its terms;
- Any individual entering into this Agreement on behalf of the Resource has full authority to agree to these terms and to bind the Resource fully to this Agreement; and
- All information with regard to either the Resource Profile, the Resource or its business, products, services, clients or customers provided to Barefootlist.com is and will be complete and accurate in all respects.
10. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
- We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- We assume 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 user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
12. Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
13. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Salt Lake City, Utah for the resolution of any such dispute.
14. Indemnity. You agree to indemnify and hold Barefootlist.com and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
16. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Resource Profiles), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival) and Section 17 (Other).
Please contact us with any questions regarding this Agreement.
Barefootlist.com is a service mark of S&K Ventures, LLC.