Access and Use of the Application
Aylist is a web application that provides a place for you to search for, publish and comment on lists with a community of users.
You do not have to register in order to visit aylist.com. To access certain features of the Service, though, including adding lists and posting comments, you will need to register.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, including but not limited to, text, files, information, images, audio and video clips, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with Aylist.
You may never use another Member’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Aylist immediately of any breach of security or unauthorized use of your account. Although Aylist will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Aylist or others due to such unauthorized use.
By providing Aylist your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email to email@example.com stating your desires. Opting out will prevent you from receiving email messages regarding updates, improvements, or offers.
Subject to the terms and conditions of this agreement, Aylist grants you permission to use the Service for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Aylist servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service. Aylist may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Aylist’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Aylist’s sole discretion. Aylist reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Aylist will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other Aylist Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Aylist shall have no liability for your interactions with other Users, or for any User’s action or inaction.
License grant and our proprietary rights
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Aylist a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Aylist.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Aylist reserves all rights not expressly granted herein in the Service and the Aylist Content (as defined below). Aylist may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Aylist Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Aylist and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Aylist Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. More information about copyright on our Copyright Policy.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Aylist under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Aylist does not waive any rights to use similar or related ideas previously known to Aylist, or developed by its employees, or obtained from sources other than you.
Some areas of the Service may allow Users to post reviews, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Aylist reserves the right, but is not obligated, to reject and/or remove any User Content that Aylist believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Aylist takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Aylist is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Aylist shall not be liable for any damages you allege to incur as a result of such User Content. Aylist may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
Privacy and Security
We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in Spain.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
A) Billing Policies. Certain aspects of the Aylist Service may be provided for a fee or other charge. These fees and charges, if any, are described on the Site, and in the event you elect to use paid aspects of the Aylist Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. Aylist may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
B) No Refunds. You may cancel your Aylist Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Aylist has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Aylist suspends or terminates your Aylist Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Aylist Service, any content or data associated with your Aylist Account, or for anything else. You acknowledge that Aylist has the perpetual and irrevocable right to delete any or all of your content and data from Aylist’s servers and from the Aylist Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
You agree to defend, indemnify and hold harmless Aylist and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Spain or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Aylist, its affiliates, its directors, its employees or its licensors be liable for any direct or indirect damages, including without limitation damages for loss of profits, data or other intangible losses, that result from the use of, or inability to use, the service. Under no circumstances will Aylist be responsible for any damage, loss or injury resulting from hacking or other unauthorized access or use of the service or your account or the information contained therein.
In no event shall Aylist, its affiliates, its directors, its employees or its licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Aylist hereunder.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in Spain.
Aylist makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Choice of Law, Mandatory Arbitration and Venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the province of Valencia, Spain without regard to choice or conflicts of law principles. Further, you and Aylist agree to the exclusive jurisdiction of the state and federal courts in Valencia to resolve any dispute, claim or controversy that arises in connection with these Agreements.
Aylist respects the rights of copyright owners.
Aylist (hereinafter, the “Application”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Aylist respects the rights of copyright owners, and will not willfully infringe upon same. All images on the application are either our own photographs, or are readily available online and are believed to be in the public domain, or are published under a Creative Commons license, and/or entitled to be posted by us under the fair use doctrine. Where it appears to us that Creative Commons or similar licenses require photo credits and/or links to originating websites, we will attempt to comply with them.
If you are a copyright owner of a photo or other image that appears on the application, and you believe that its appearance on our website constitutes infringement of your copyright, please send us the notice of copyright infringement described below, and we will remove it as soon as possible. If you are a copyright owner, and you believe we have not provided adequate or accurate credit, please contact us stating precisely how you would like your copyrighted work to be credited, and we will be happy to comply.
Reporting Copyright Infringement
This is the procedure for reporting copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Application is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper bona fide infringement notification is received by the Designated Agent, it is the Application’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Application will terminate such content provider’s, member’s or user’s access to the service.
Supplying a counter-notice
This is the procedure to supply a counter-notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside Spain, for any judicial district in which Application is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Application may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Application’s discretion.
Designated Agent Contact
Please contact the Designated Agent to receive notification of claimed infringement for Application at firstname.lastname@example.org with subject line “Copyright infringement”.
We care about the privacy of our Users. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. When you visit Aylist (hereinafter, the “web application”, the “website”, the “Service”) you (hereinafter, “you”, “users”) acknowledge that you provide your personal information at your own risk.
By using the Service, you are consenting to have your personal data transferred to and processed in Spain.
We may disclose any information, including personal information we deem necessary to comply with legal obligations. Please read the legal texts carefully before providing your personal data.
Information we collect
User-Provided Information: You provide us information about yourself, such as your Facebook username and e-mail address, when you register with the Service through Facebook login. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. In addition, you may choose to add information about yourself to your profile that you can then share with friends.
Cookies Information: When you visit aylist.com, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets Aylist help you log in faster and enhance your navigation through the site. A cookie does not collect personal information about you. Aylist uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
The tool used for monitoring and analysis of visitors is Google Analytics, service provided by Google, Inc., whose headquarters is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”) .
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Aylist account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Aylist better for our users.
Minor Data Treatment
According to the Spanish Law, Aylist does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Aylist. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
Third Party Websites and Advertisers
Additionally, your dealings with or participation in promotions of advertisers found on Aylist, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Aylist shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Google Analytics: This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies” to help the website analyze how users use the site. These cookies collect only anonymously navigation information.
Part of the website may contain advertising or be sponsored. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion in the web application complies with laws which could be applied in each case.
We shall not be responsible for any error, inaccuracy or irregularity that may be included in advertising content or sponsors content. In any case, for any claim related to advertising content contained in this web application, please contact us via the form you will find in the web application.
The web application has implemented various measures to protect the security of your personal information, both “online” and “offline”.
Notification of Changes
Our Cookies policy, according to the Spanish Law LSSI.
What are cookies?
A cookie is a file that gets downloaded and stored on your computer each time you visit a website. Cookies help us improve our services by knowing your internet surfing preferences.
Types of cookies
The web application aylist.com will be able to use and store the following types of cookies:
- Technical: They allow the user to navigate through our web application and use different options and features such as login or information customization.
- Analytics: Whether it’s by Aylist or third parties, these cookies allow us to get stats about visitors and the way they use the web application, so we can improve our services.
Can I deactivate cookies?
Yes, you have the option to allow, block or delete cookies installed on your PC. smartphone or tablet through your browser’s settings. For more information, check out the Help section of your browser (Google Chrome, Mozilla Firefox, Internet Explorer, Opera or Safari).