As an express condition of your use of and access to the Services, you agree to pay all applicable fees and taxes (the “Service Fees”). ListLockr may change the Service Fees at any time and such changes will be effective immediately upon posting on our Website for all subscriptions that are started after the effective date of the Service Fee change.
Failure to pay applicable Service Fees within 7 days will result in suspension of services and termination of account.
The subject matter of the processing is to provide you with an automated, secure backup of your email list subscribers. The personal data (“Subscriber Data”) processed on your email subscribers includes: subscriber contact information (such as name, email); subscriber information (such as custom fields, tags, subscriber status); and security related personal data (such as IP Address) provided by your email marketing service provider.
We will not process Subscriber Data for any other reason without your documented instructions, unless required to do so by law. In such cases, we will inform you before any such processing, unless that law prohibits us on important grounds of public interest.
You agree that connecting your email marketing service provider account to ListLockr constitutes your express documented instruction to process Subscriber Data on web servers based in the USA, and you warrant that you have a) obtained consent or have some other legitimate legal basis for this processing and b) the subscriber is over the age of 16.
We will ensure that persons authorised to process Subscriber Data or access your account have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
We have made necessary technical and organisational safety measures to protect your Subscriber Data to ensure a level of security appropriate to the risk, taking into account the factors specified in Article 32 of the GDPR.
At your request – and subject to remuneration of our reasonable costs in advance – we will submit to audits and inspections, provide you with whatever information you need to ensure compliance with Article 28, and assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to us.
We will not engage a sub-processor for your Subscriber Data without your prior consent, and will ensure that the data protection obligations set out in Article 28(3) of the GDPR are imposed on any sub-processor.
We will assist you as far as possible (taking into account the nature of the processing) to enable you to fulfill any obligations to respond to requests for the exercise of data subject rights by a data subject under GDPR.
We will give you 30 days from the date your account becomes inactive to download all Subscriber Data. After this time, the data will be irretrievably deleted from our systems.
Term, Termination and Removal
You may cancel your ListLockr account at any time by giving us notice as prescribed in our Cancellation Policy. Your account will then terminate at the end of the already paid up subscription period.
Once terminated, your access to the Services and all related data will be revoked and all data processing will cease.
All files, information and email marketing service provider related data under your account will be preserved for 30 days from the date of termination. If the payment to reactivate your account is not received within 30 days, all files, information and email marketing service provider related data under your account will be deleted and the connection between your ListLockr account and your email marketing service provider will be severed.
You agree that we have the right to delete all data, files or other information that is stored in your ListLockr account if your ListLockr account is terminated, for any reason, by either you or us.
For the avoidance of doubt, nothing in this section shall affect the data in your email marketing service provider account in any way. Should you wish to sever the connection between your ListLockr account and email marketing service provider earlier than 30 days, you can do this via your email marketing service provider account.
Restrictions On Use
You acknowledge that we, or our suppliers, own and retain all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
You agree to use the Services only for your own private use or the internal purposes of your home or business and you will in no event attempt to decipher, decompile, disassemble or reverse engineer any of the Services.
You may only create ONE ListLockr account per email marketing service provider account, and any free trials are limited to ONE per email marketing service provider account.
You will not cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the Website or Services whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise without express written permission from us.
Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from the Website or Services, whether for internal or external distribution or use.
Confidentiality of Passwords and Information
You agree to treat as strictly private and confidential any username or password which you may have received from ListLockr, and all information to which you have access through password-protected areas of ListLockr’s Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You accept full responsibility for your own and third party activities that occur under your account.
You acknowledge and authorise that ListLockr may, from time to time, access your account for the purposes of support, maintenance or security. ListLockr will treat all information in your account as strictly private and confidential and will notify you by email of any changes made during the course of any such access.
Third Party Links
The ListLockr Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ListLockr and ListLockr is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ListLockr is not responsible for any form of transmission received from any Linked Site. ListLockr is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ListLockr of the site or any association with its operators.
ListLockr may from time to time offer Content which is licenced or supplied by a third party (“Third Party Content”), including but not limited to CD’s, DVD’s and Books, and may bundle these with Services provided directly by ListLockr. Although ListLockr may faciliate the purchase of Third Party Content, your use of such Content may be subject to additional terms and conditions specified by the third party, including, but not limited to conditions of return or rejection of goods.
No Unlawful or Prohibited Use
Use of Communication Services
The Services may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ListLockr has no obligation to monitor the Communication Services. However, ListLockr reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ListLockr reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ListLockr reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ListLockr’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ListLockr does not control or endorse the content, messages or information found in any Communication Service and, therefore, ListLockr specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Administrators, Moderators and Subject Matter Experts are not authorized ListLockr spokespersons, and their views do not necessarily reflect those of ListLockr.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Information Posted To the Website
ListLockr does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Website or pages and properties under our control (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ListLockr, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ListLockr is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ListLockr’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. LISTLOCKR AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LISTLOCKR AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES AND THIRD PARTY CONTENT, FOR ANY PURPOSE WHATSOEVER. ALL SERVICES ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. LISTLOCKR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation On Liability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ListLockr with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ListLockr with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Trademarks, Logos and Service Marks appearing on the ListLockr website are the intellectual property of ListLockr or the company providing them for ListLockr to use and all rights not expressly granted herein are reserved.
Last Updated: 19th November 2019