Lissted Terms of Service

These Terms (including the Billing Terms) together with RealWire’s privacy policy explain how RealWire Limited operates Lissted.com (“Lissted”) and the ways that you are permitted to use Lissted.

Please read these terms carefully before using Lissted. By using Lissted and/or buying its services, you indicate that you accept these terms and that you agree to abide by them. You will be asked to confirm this when registering on Lissted.

1. Your relationship with RealWire

Your use of Lissted provided by RealWire is subject to the terms of a legal agreement between you and RealWire. "RealWire" means RealWire Limited (company number 4026690) whose principal place of business is at Unit 1 Exchange Close, North Hykeham, Lincoln, LN6 3TR. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

If you have any questions regarding these terms, you can contact RealWire by e-mailing  enquiries@lissted.com.

2. Accepting the Terms

2.1 In order to use Lissted, you must firstly agree to the Terms. You may not use Lissted if you do not accept the Terms. 

2.2 You can accept the Terms by:

a. clicking to accept or agree to the Terms, where provided, or 

b. by actually using Lissted. In this case, you understand and agree that RealWire will treat your use of Lissted as acceptance of the Terms from that point onwards. 

2.3 You may not use Lissted and may not accept the Terms if (a) you are not legally capable of forming a binding contract with RealWire, or (b) by accessing and using Lissted, and the services on Lissted, you are not complying with all applicable laws and regulations in the country in which you are resident or from which you are using Lissted.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Provision of Lissted by RealWire

3.1 RealWire is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of Lissted which RealWire provides may change from time to time without prior notice to you. 

3.2 As part of this continuing innovation, you acknowledge and agree that RealWire may stop (permanently or temporarily) providing Lissted (or any features within Lissted) to you or to users generally at RealWire's sole discretion, without prior notice to you. You may stop using Lissted at any time. You do not need to specifically inform RealWire when you stop using Lissted. 

3.3 You acknowledge and agree that if RealWire disables access to your account, you may be prevented from accessing Lissted, your account details or any files or other content which is contained in your account. 

3.4 You acknowledge and agree that while RealWire may not currently have set a fixed upper limit on the number of transmissions you may send or receive through Lissted or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by RealWire at any time, at RealWire's discretion, whilst maintaining the level of service for which you are paying. 

3.5 The streamed data which is continuously utilised by Lissted is provided to you by RealWire but it does not belong to RealWire. RealWire cannot guarantee or be held responsible for the availability (or continued availability) of any data. RealWire’s services may be interrupted by downtime suffered, or caused, by the data providers.

3.6 RealWire will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control. This includes any act, event, non-happening, omission or accident such as: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks (including the internet); the acts, decrees, legislation, regulations or restrictions of any government; and the effects of any denial or service attack, virus or other malicious action against its systems.

3.7 RealWire does not test or screen the streamed data. Your use of any data from Lissted is at your sole risk.

4. Use of Lissted by you

4.1 In order to access Lissted you may be required to provide information about yourself (such as Twitter authentication, identification or contact details) as part of the registration process, or as part of your continued use of Lissted. You agree that any information of this nature that you give to RealWire will always be accurate, correct and up to date. 

4.2 You agree to use Lissted only for your own internal business purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries). 

4.3 Some aspects of Lissted are free to use. If you have chosen and paid for additional Services, RealWire will acknowledge your payment by e-mail and you will then be able to access those additional Services.

4.4 You agree not to access (or attempt to access) any of Lissted by any means other than through the interface that is provided by RealWire, unless you have been specifically allowed to do so in a separate agreement with RealWire. 

4.5 You agree that you will not engage in any activity that interferes with or disrupts Lissted (or the servers and networks which are connected to Lissted). 

4.6 Unless you have been specifically permitted to do so in a separate agreement with RealWire, you agree that you will not (i) reproduce, duplicate, copy, sell, trade, rent, lease or resell Lissted or any data created from it for any purpose to any person;  (ii) create derivative works based upon Lissted;  (iii) copy, mirror or frame any part or content of Lissted; (iv) reverse engineer Lissted; (v) access Lissted to build a competing product or to copy the features, functions or appearance of Lissted.

4.7 You may not publish online, or distribute to other people, any data that you obtain on Lissted. In particular, you may not screen scrape or by any other means attempt to gather the data from Lissted.

4.8 You agree that you are solely responsible for (and that RealWire has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RealWire may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Lissted. 

5.2 Accordingly, you agree that you will be solely responsible to RealWire for all activities that occur under your account. 

5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify RealWire immediately via an email to enquiries@lissted.com

6. Privacy and your personal information

6.1 For information about RealWire’s data protection practices, please read RealWire’s privacy policy at www.realwire.com/sitePrivacyPolicy.asp. This policy explains how RealWire treats your personal information, and protects your privacy, when you use Lissted. 

6.2 You agree to the use of your data in accordance with RealWire's privacy policies.

7. Content in Lissted

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, Lissted are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". 

7.2 You should be aware that Content presented to you as part of Lissted, including but not limited to advertisements in Lissted and sponsored Content within Lissted may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by RealWire or by the owners of that Content, in a separate agreement.

7.3 RealWire reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable. 

7.4 You understand that by using Lissted you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use Lissted at your own risk. 

7.5 You agree that you are solely responsible for (and that RealWire has no responsibility to you or to any third party for) any Content that you create, transmit or display while using Lissted and for the consequences of your actions (including any loss or damage which RealWire may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that RealWire (or RealWire's licensors) own all legal rights, title and interest in and to Lissted, including any intellectual property rights which subsist in Lissted (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Lissted may contain information which is designated confidential by RealWire and that you shall not disclose such information without RealWire's prior written consent. 

8.2 Unless you have agreed otherwise in writing with RealWire, nothing in the Terms gives you a right to use any of RealWire's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 

8.3 Other than the limited license set forth in Section 9, RealWire acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, Lissted, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RealWire, you agree that you are responsible for protecting and enforcing those rights and that RealWire has no obligation to do so on your behalf. 

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Lissted. 

8.5 Unless you have been expressly authorised to do so in writing by RealWire, you agree that in using Lissted, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Licence from RealWire

9.1 RealWire gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by RealWire as part of Lissted as provided to you by RealWire (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of Lissted as provided by RealWire, in the manner permitted by the Terms. 

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RealWire, in writing. 

9.3 Unless RealWire has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Software updates

10.1 The Software which you use may automatically download and install updates from time to time from RealWire. These updates are designed to improve, enhance and further develop Lissted and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RealWire to deliver these to you) as part of your use of Lissted.

11. Ending your relationship with RealWire for the provision of Lissted

11.1 The Terms will continue to apply until terminated by either you or RealWire as set out below. 

11.2 If you want to terminate your legal agreement with RealWire, you may do so by (a) notifying RealWire at any time and (b) closing your accounts for all of Lissted which you use, where RealWire has made this option available to you. Your notice should be sent, in writing, to RealWire's address which is set out at the beginning of these Terms. 

11.3 RealWire may at any time, suspend access to or use of Lissted and / or terminate its legal agreement with you if: 

a. RealWire decides that you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms), including if you have not paid RealWire any amount owed when it is due; or

b. RealWire is required to do so by law (for example, where the provision of Lissted to you is, or becomes, unlawful); or 

c. the partner with whom RealWire offered Lissted to you has terminated its relationship with RealWire or ceased to offer Lissted to you; or 

d. RealWire is transitioning to no longer providing Lissted to users in the country in which you are resident or from which you use the service; or

e. the provision of Lissted to you by RealWire is, in RealWire's opinion, no longer commercially viable or has become impractical or unfeasible for any legal or regulatory reason; or

f. you become bankrupt or subject to any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors; or

g. you cause RealWire to incur liability to another person; or

h. you prejudice RealWire’s agreements with the data licensors; or

i. RealWire’s relationship with a third party who provides software or other technology it uses to provide Lissted ends or requires RealWire to substantially change Lissted.

If RealWire suspends your right to access or use any part or all of Lissted:

(i) you  remain responsible for all fees and other amounts that you owe RealWire (including fees for Services that you continue to have access to)

(ii) unless RealWire terminates its legal agreement with you, RealWire will reinstate your access and use once it is satisfied that the circumstances causing the suspension have passed.

If RealWire terminates its legal agreement with you:

(i) you will not receive any refund if RealWire terminates its agreement with you for reasons caused by your actions or omissions. If RealWire terminates its agreement with you for reasons that are not caused by your actions or omissions and you are a paying user of Lissted, RealWire will refund the amount you have paid to it in respect of the period after it terminates your agreement.

(ii) once your agreement is terminated:

o you will remain responsible for any unpaid fees or other amounts owed to RealWire

o you must stop using Lissted and related material

o you will not have any future rights under these terms

o any of these terms that must continue in force to fulfill its purpose will do so and remain binding.

11.4 Nothing in this Section shall affect RealWire's rights regarding provision of Services under Section 3 of the Terms. 

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RealWire have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.11 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Exclusion of Warranties

12.1 Lissted is provided "as is" and RealWire, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to it. 

12.2 In particular, RealWire, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that: 

a. your use of Lissted will meet your requirements, 

b. your use of Lissted will be uninterrupted, timely, secure or free from error, 

c. any information obtained by you as a result of your use of Lissted will be accurate or reliable, and 

d. that defects in the operation or functionality of any Software provided to you as part of Lissted will be corrected. 

12.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to Lissted except to the extent that they are expressly set out in the Terms. 

12.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

13. Limitation of Liability

13.1 Nothing in these Terms shall exclude or limit RealWire's liability for losses which may not be lawfully excluded or limited by applicable law. 

13.2 Subject to overall provision in paragraph 13.1 above, RealWire, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for: 

a. any indirect or consequential losses which may be incurred by you. This shall include any loss of income, revenue, business, contracts, profits or anticipated savings (whether incurred directly or indirectly), any loss of goodwill or business reputation, any amounts payable by you to your customers or affiliates, any wasted internal costs or management or office time or any loss or corruption of data suffered by you; 

b. any loss or damage which may be incurred by you as a result of: 

i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on Lissted; 

ii. any changes which RealWire may make to Lissted, or for any permanent or temporary cessation in the provision of Lissted (or any features within Lissted); 

iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of Lissted;

iv. your failure to provide RealWire with accurate account information;

v. your failure to keep your password or account details secure and confidential; 

13.3 The limitations on RealWire's liability to you in paragraph 13.2 above shall apply whether or not RealWire has been advised of or should have been aware of the possibility of any such losses arising.

13.4 You must comply with all applicable laws and regulations of the country in which you are based. RealWire will not be liable for any breach by you of any such laws.

13.5 RealWire’s total maximum aggregate liability to you for all matters arising out of or in connection to Lissted will be limited to the total amount of fees that you have paid to RealWire in respect of Lissted during the one month prior to the occurrence of the event first giving rise to a claim.

13.6 RealWire has no liability or responsibility for the data on Lissted. Your rights of recourse in respect of the data are against the provider of the data, not RealWire.

13.7 The material displayed on Lissted or through its services is provided without any guarantees, conditions or warranties as to its accuracy. Lissted is provided 'AS IS'. RealWire does not promise that Lissted will be uninterrupted, error-free or completely secure. 

13.8 To the extent permitted by law RealWire excludes responsibility for results obtained from the use of Lissted and for conclusions drawn from such use

13.9 RealWire will not be liable if it is unable to provide Lissted for any reason that is outside of its reasonable control. Use of Lissted for any time critical or business critical purposes is at your own risk. 

13.10 You shall defend RealWire against any claim against it alleging that your use of Lissted, in breach of these terms infringes the intellectual property rights or other rights of any other person or is in breach of the applicable law, and reimburse RealWire for any costs incurred or damages awarded against it (or agreed in settlement) in respect of such a claim. If such a claim is brought against RealWire it will notify you of it promptly (and where it can, within 30 days of first becoming aware of it) and you must give RealWire reasonable co-operation in the defence and settlement of such claim.

14. Content and Links

14.1 Lissted includes hyperlinks to other web sites or content or resources. RealWire may have no control over any web sites or resources which are provided by companies or persons other than RealWire. Any links to third party websites from lissted.com do not amount to any endorsement of that site by RealWire and any use of that site by you is at your own risk. 

14.2 You acknowledge and agree that RealWire is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 

14.3 You acknowledge and agree that RealWire is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 

14.4 You may link to Lissted’s home page but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on RealWire’s part where none exists. Lissted must not be framed on any other site. RealWire reserves the right to withdraw linking permission without notice. If you wish to make any use of material on Lissted other than that set out in these terms, please contact us.

15. Changes to the Terms

15.1 RealWire may make changes to the Terms from time to time. When these changes are made, RealWire will make a new copy of the Terms available at http://lissted.com/general/termsandConditions 

15.2 RealWire asks that you check this page from time to time to take notice of any changes we make, as they are binding on you. Registered users of Lissted will be informed of changes to these terms by e-mail at least 30 days before the change is to come into effect - if you don't agree to a change you are able to close your account before the change comes into effect through your online account.

15.3 You understand and agree that if you use Lissted after the date on which the Terms are changed or amended and made available, RealWire will treat your use as acceptance of those updated Terms.

16. General legal terms

16.1 Sometimes when you use Lissted, you may (as a result of, or through your use of Lissted) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 

16.2 These Terms and the material referred to in the Terms (including the privacy policy)  constitute the whole legal agreement between you and RealWire and govern your use of Lissted (but excluding any services which RealWire may provide to you under a separate written agreement), and completely replace any prior agreements between you and RealWire in relation to Lissted. 

16.3 If you provide any feedback, enhancement request, or suggestions to RealWire, RealWire shall have a royalty-free, worldwide, irrevocable, perpetual license and right to use and display them and incorporate them into Lissted.

16.4 The Terms are in English, and any contract and other communication between you and RealWire shall be in English. The law requires that some of the information or communications RealWire sends to you is in writing. You accept that communication with RealWire will be mainly electronic, through Lissted or by e-mail, and that this constitutes written communication. 

16.5 You agree that RealWire may contact you, including delivering notices regarding changes to the Terms, by email, regular mail, SMS, or postings on Lissted. 

16.6 Any official communication or notice from you to RealWire should be sent to RealWire’s postal and e-mail addresses shown in section 1.

16.7 You agree that if RealWire does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RealWire has the benefit of under any applicable law), this will not be taken to be a formal waiver of RealWire's rights and that those rights or remedies will still be available to RealWire. 

16.8 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 

16.9 You acknowledge and agree that each member of the group of companies of which RealWire is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. 

16.10 The contract between you and RealWire (as set out in these Terms) is binding on you and RealWire and on any respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with RealWire, or any of your rights or obligations arising under it, without RealWire’s prior written approval. RealWire may transfer, assign, charge, sub-contract or otherwise dispose of its contract with you, or any of its rights or obligations arising under it, at any time.

16.11 The Terms, and your relationship with RealWire under the Terms, shall be governed by English law. You and RealWire agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RealWire shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) or enforce any judgement in any jurisdiction.

Lissted – Billing Terms

These terms explain how RealWire Limited (referred to as "RealWire") charges for the use of its services and supplement the Terms.

1. Fees

The fees for Lissted services are as shown on Lissted, except in cases of obvious error. RealWire can change these fees at any time, but changes will not affect any services for periods of time that you have already paid for.

Some Lissted services are free. Where a paid Service is utilised, fixed monthly payments in advance are required at an amount dependent upon the Service Level selected.

2. Payment

All fees are charged and payable in full in advance unless RealWire and you agree otherwise. Payment is non-refundable, and non-transferrable. There will be no refunds or credits for partial periods of use, upgrading or downgrading the plan you buy from us, or for not using your account.

You must pay us in £ sterling. Payment can be made by the debit or credit cards shown on Lissted. If you set up a regular or recurring payment, you authorise RealWire to take payment in this way on an ongoing basis using the payment details you provide until you notify RealWire otherwise.

Charges for Lissted’s services are solely based on your selection of Service Level.

All amounts payable to RealWire will be made without setoff or counterclaim, and without any deduction or withholding.

RealWire may agree to alternative billing arrangements on a case by case basis.

3. Taxes

Fees are stated exclusive of VAT, and exclusive of all other applicable taxes and duties. If the rate of VAT increases, RealWire may adjust its prices and the amount you pay accordingly. You will provide RealWire any information it reasonably requests to determine whether it is obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing RealWire with legally-sufficient tax exemption certificates for each taxing jurisdiction. RealWire will apply the tax exemption certificates to charges under your account occurring after the date it receives the tax exemption certificates. If any deduction or withholding is required by law, you will notify RealWire and you will pay RealWire any additional amounts necessary to ensure that the net amount that RealWire receives, after any deduction and withholding, equals the amount RealWire would have received if no deduction or withholding had been required. Additionally, you will provide RealWire with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

RealWire is registered for VAT with VAT number GB764134827.

4. Changes

RealWire may change, discontinue, or add to, these terms at any time. Registered paying users of Lissted services will be informed of this at least 30 days in advance. You are able to terminate the agreement before the change comes into effect.

25 May 2012