Terms of service and use
1. Usage License
cylist grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. cylist reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. User Responsibility
You are solely responsible for your use of the Site and Services. Because cylist merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of cylist or its parent entity Clipland GmbH, and cylist makes no claim of accuracy of any user-posted material. cylist allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website.
The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with cylist. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
3. User-Posted Content
By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. For publicly accessible content, you can label your compilations with one of several possible licenses. It is important to note that you can only copyright the compilation itself, not the individual links that make up the compilation. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect right to access and use it in connection with the Services, the Site or otherwise in connection with our business. cylist does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. cylist makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. cylist will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility. cylist is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. del.icio.us provides you with the ability to retrieve and remove your posted content and your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.
4. Feeds and API
cylist provides access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. cylist asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the cylist database or reproduce, duplicate or copy the cylist Site. cylist reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.
5. Intellectual Property (Trademarks & Copyrights)
cylist, the cylist logo and the cylist design are trademarks or trade dress of cylist, and may not be used without express written permission from Clipland GmbH, other than for attribution. All other trademarks not owned by cylist or Clipland GmbH that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by cylist. cylist-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of cylist and its licensors and protected by German and international copyright laws. Except as set out in these Terms, no reproduction of any cylist-originated content is permitted without written permission from cylist. Except for public search engines it is not allowed to use crawlers to copy the website in parts or in whole. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
6. No Warranty and Limitation of Liability
cylist PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. cylist SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL cylist BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT cylist HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH cylist SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
cylist and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between cylist, Clipland GmbH and you. These Terms supersede any previous agreement and represent the entire agreement between cylist and you. These Terms are governed by the laws of the State of NRW, Germany without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Clipland GmbH in English.
We may also collect information related to the referring URL, access times and browser type. Unless required by law, we will not share our users' personal information, Internet Protocol (IP) addresses and usage information, except with their consent or in aggregate or anonymous form, with third parties.
Our services give you the opportunity to opt-in to receive communications from us. We will never automatically send you information/offers you do not want. You must choose to receive them. Also, we will not sell or otherwise distribute your email. We call this our NO-SPAM policy. We only send an email on signup to validate new users. That's it.
Effective, as of 28. August, 2009.