ListedB Mobile Application End User License Agreement
Last updated: March 24, 2022
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you, the user of the Application described below ("Licensee" or "you") and ListedB, Inc., a Delaware corporation ("ListedB"). This Agreement governs your use of the ListedB mobile software applications that ListedB publishes on the Apple Store and Google Play platforms (both applications together, including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, CREATING AN ACCOUNT WITH OR IN ANY OTHER WAY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THIS AGREEMENT; AND (B) REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (OR ANY OLDER AGE IN YOUR JURISDICTION THAT MAY BE REQUIRED FOR YOU TO FORM A LEGALLY BINDING CONTRACT) OR THAT YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THAT AGE OF MAJORITY, CONSENTING TO THIS AGREEMENT ON THAT USER’S BEHALF AND TAKING RESPONSIBILITY FOR HIS OR HER USAGE OF THE APPLICATION. NO PERSON UNDER THE AGE OF THIRTEEN MAY USE THE APPLICATION IN ANY CASE.
TO THE EXTENT THAT YOU MAY AT ANY TIME DOWNLOAD, INSTALL, CREATE AN ACCOUNT WITH OR OTHERWISE USE THE APPLICATION ON BEHALF OF A COMPANY OR OTHER ORGANIZATION (A) YOU REPRESENT THAT YOU HAVE AUTHORITY FROM THAT ORGANIZATION TO BIND IT TO THIS AGREEMENT AND YOU DO SO BIND IT AND (B) “YOU” OR “LICENSEE” MEANS THAT ORGANIZATION AND (C) THIS AGREEMENT MAY REFER TO YOU AS A “BUSINESS PROVIDER.”
The Application allows providers of services and goods (“Providers,” which may be either individuals or Business Providers) to display and advertise their offerings to people (“Clients”) searching for similar offerings. To the extent that you use the Application as a Provider, those portions of this Agreement applying to Providers apply to you, and to the extent that you use the Application as a Client, those portions of this Agreement apply to you. Depending on how you use the Application, therefore, multiple portions of this Agreement may apply to you.
Some Application features allow you and other users to post, submit, publish, display, link or transmit to other users or other persons (“post”) content, images, video and audio material, text and other materials (collectively, “User Content”) on or through the Application. All User Content that you post to the Application is referred to in this Agreement as “Your Content.”
ListedB’s License to You
Subject to this Agreement, ListedB grants you a limited, non-exclusive, and nontransferable license to (a) download, install, and use the Application for your sole use on a single mobile device that you own and control ("Mobile Device") in accordance with the Application's documentation and (b) access, stream, download, and use on such Mobile Device the Content and Services that are made available through the Application, in accordance with this Agreement.
Your Licenses to ListedB and to Third Parties; Deletion of Your Content
You hereby grant ListedB and its affiliates and service providers, and each of our and their licensees, successors and assigns, a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license, irrevocable except as this Agreement expressly provides, to host, use, distribute, modify, run, copy, publicly perform and display and create derivative works of Your Content for any purpose. This means that we may, for example, display Your Content to Clients, Providers and others who use the Application. Please bear this in mind when you post Your Content, especially when it discloses your name, photograph or other identifying information.
The Application may give you the option to delete Your Content or portions of it from the Application after you post it. If so, then deleting Your Content makes it invisible to third parties, but ListedB’s systems may retain Your Content temporarily or permanently after its deletion and it is possible that third parties may have already made copies of Your Content before you deleted it.
You will not (a) copy the Application (except as this Agreement expressly permits) or modify, translate, adapt, or otherwise create derivative works of or improvements to the Application; (b) reverse engineer, decompile or otherwise attempt to derive or gain access to the source code of the Application or any part of it; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy of it; (d) rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or (f) violate the ListedB Code of Conduct (below) in connection with the Application or in any other interaction that you may have with other ListedB users or with the public.
ListedB Code of Conduct
ListedB takes its community seriously. The ListedB Code of Conduct below applies to any and all User Content.