Accepting These Terms
These terms govern your use of the MyListing Club (“Club Website”, “Club”, “Resources”, “Products”, “Services” ), https://mylisting.club Website (“Club Website”), operated by the MyListing Club (“Club”), MyListing Club Services (“Services”), MyListing Club Products (“Products”), MyListing Club Resources (“Resources”), and any other offerings that may be provided by the Club.
If you do not understand and/or agree to these terms, you should immediately stop using any and all offerings from the Club.
Accounts and Eligibility
Your Account Is Your Responsibility
Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify the Club.
The Club’s policy is to have one account for one person and one person for one account.
Eligibility and Identification
When registering for the Club, the Club may need to authenticate your identity through different third-party services and require additional identification.
The Services are intended for users at least eighteen (18) years old.
If you register for Club Services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
Your Warranties
You represent and warrant to the Club that:
You have, and will have at all times, all rights, licenses, and consents required for your use of Club Services.
You will comply with all applicable laws, rules, and regulations.
You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity subject to a U.S. Government embargo.
Nor are you in a country designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.
The Club did not previously prohibit you from entering into an agreement with the Club, nor was your account and/or use of Club Services previously blocked, suspended, or terminated by the Club for any reason.
The Club Owns the Club Website, Resources, Products, and Services
While portions of the Club Website Software are licensed under GPLv3, the Club owns all Intellectual Property Rights relating to Club Resources, Products, and Services.
This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
The Club also retains the ownership and full Intellectual Property Rights to the source code of the Club Website, apart from where the Club specifically uses third-party software.
Please be advised that apart from where the Club specifically granted you a right to do so, all Intellectual Property Rights relating to the Website, Resources, Products, and Services reside with the Club.
For these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works, and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications, and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
MyListing Club Subscriptions
The Club offers several subscription-based products and services.
Access to some areas of the Club, Club products, and Club services are dependent upon subscriptions remaining ‘Active’.
As such, subscriptions that have an ‘On Hold’ status for any reason will be canceled after one calendar month of being ‘On Hold’.
Once an ‘On Hold’ subscription has been canceled, the customer is subject to the current price of that subscription, should they wish to sign up again.
MyListing Club Products
Starter Sites
Premium Plugins
The Club has written consent from select vendors to include licensed versions of their plugins with the sale of any Starter Site.
The Club is only required to install and license these plugins as part of the Starter Site delivery process.
Club Starter Site customers can purchase the Starter Site Premium Plugin Restoration service to have premium plugins reinstated.
The Club does not support these plugins unless customers are covered under MyListing Website Care.
The Club owns all licensing for these premium plugins. Therefore, vendors cannot and will not provide support for these solutions.
Club Starter Site customers cannot contact vendors for support unless they have purchased their licenses. Any attempt to do so will result in an immediate loss of all premium plugin licenses.
The Club may terminate all access to the Premium Plugins offered to customers, as part of a Starter Site sale, at the Club’s sole discretion without notice when/if customers are deemed to be acting in bad faith.
MyListing Club Services
Website Care and Kinsta Hosting
The Club offers website hosting as part of a stand-alone service and as an inclusion in the Website Care service.
Communication
When signing up for Website Care or Kinsta Hosting, customers must use a valid email address and an email address that is regularly reviewed for incoming communication.
The Club will use the customer’s email address on file for communication, and the customer must ensure that email from the Club’s domain (mylisting.club) can be successfully received.
Payments
Customers using the Club’s Website Care or Kinsta Hosting services are automatically billed as part of a monthly subscription. The customer is responsible for ensuring payments are made and made when they are due.
Failed Payment Schedule
It’s important that you review this schedule to avoid additional monetary, website, and account penalties.
- Failed payment notifications are sent out immediately.
- Failed payment notifications are sent out again in 3 days if full payment has not been made.
- If full payment is not made by the 7th day of the billing cycle, access to Kinsta will be revoked until the customer must pay a $7 reinstatement fee and makes their subscription active again.
- If full payment is not made by the 14th day of the billing cycle, the website(s) will be locked from public view until the customer must pay a $14 reinstatement fee and makes their subscription active again.
- If full payment is not made after the 14th day of the billing cycle, the customer must pay a $20 reinstatement fee and make their subscription active again.
- If full payment is not received after 28 days, the customer’s website(s) will be removed from the Club’s hosting plan, all premium plugin licenses will be revoked, and the subscription will be canceled.
Removed Websites
The following applies if a website has been removed from the Club’s plan due to failed payment as outlined in the ‘Failed Payment Schedule’.
- The Club is not obligated to back up, supply or restore removed website files.
- Removed websites need to be restored by Kinsta and/or the customer, and if that is not possible for some reason, there will be a one-time charge from the Club to assist with restoration.
- Club prices change, so customers who sign back up are not guaranteed to get their previous subscription price.
Hosting Ban
Customers that have had their website removed from the Club’s Kinsta account 3 times will be permanently banned from hosting on the Club’s plan.
The Club also reserves the right to ban customers acting in bad faith with no intention of making the Club whole on payments.
MyListing Club Marketplace
Authentic Ownership
Vendors must only submit solutions they are the authentic owner of.
In most cases, the Club cannot verify a solution’s authentic owner. Therefore, the Club is not responsible for any solutions that non-authentic owners of a solution submit.
If it is abundantly clear that someone is submitting a solution that another party owns, the solution will not be published on the Club website.
If it is determined at any time that a non-authentic owner submitted a solution, that vendor’s relationship with the Club will be immediately terminated, and any pending payouts.
Custom Development Service
Once the Club delivers a solution as part of this service and the customer signs off on a project’s completion, the Club becomes the solution owner and retains all rights to it.
Customers may use the solutions on their own websites, but they are prohibited from competing with the Club by giving away or reselling the solution.
Website Flipping
Once the “flipping” process has begun, as part of this service, the Club becomes the owner of the “flipped” (cloned, duplicated, copied, etc.) version of the website and retains all rights to it.
Feedback and Contributions
If you offer the Club any feedback, the Club may use it, but you waive any intellectual property rights.
All contributions to the Club Software shall be made under the GPLv3 License and subject to the Club’s Contribution License Agreement.
If you provide the Club with other feedback relating to the Resources, Products, Services, or the Club Website(s), such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all right, title, and interest in and to the Feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) the Club may be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
Use the Club Website and Services for your own use, and don’t abuse the Services.
This is a list of “don’ts” it is not exhaustive, and the Club may also find that other non-bona-fide activities constitute non-acceptable use.
Don’t allow others to use your account or license by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
Don’t copy or scrape the Club Website, and don’t replicate its functionality. Don’t imitate Club API calls to servers, don’t use an Iframe to reproduce Club Services, and don’t use a subdomain to redirect to the Club Website(s).
Don’t use automated tools to submit queries or posts; don’t mine personal information from the Club Website(s).
Don’t use the Club Website(s) or Services where it is prohibited by law, meaning don’t use Club Services in any state sanctioned by the US Export office or under Israeli law.
Don’t use the Club Website(s) or Services to conduct any illegal activity, transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content or files.
Don’t make extensive API or web calls in a manner that interrupts the Club’s hosting company or web server.
Don’t reverse engineer or decompile the Club Website(s) or perform any activity that might reveal sensitive information.
Don’t try to guess usernames or passwords or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or the Club Website(s).
Don’t resell Club Products.
Don’t resell Club Services; don’t offer others access to your product keys or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from the Club’s server(s) in your themes or products.
Don’t remove the Club’s legal notices or names from the Services.
Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE CLUB DOES NOT WARRANT THAT THE CLUB WEBSITE(S), RESOURCES, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL MYLISTING CLUB OR MYLISTING CLUB PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY MYLISTING CLUB.
YOU OWN ALL CONTENT YOU GENERATE THROUGH MYLISTING CLUB SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM MYLISTING CLUB, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold the Club and anyone on the Club’s behalf, including but not limited to all of the Club’s owners, managers, officers, employees, licensors, and suppliers, harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit; and/or (ii) any breach of these terms made by you.
Amending These Terms
When the Club updates these terms, and you should be notified, the Club will notify you via email.
If you continue to use the Club Website(s), Resources, Products, or Services following such update, you agree to be bound by the new terms.
Third-Party Components
The Club Website(s), Resources, Products, or Services may contain parts provided by third parties and links to outside services and resources. The Club does not screen, monitor, or control such content and services.
Any concerns regarding any such linked service or resource should be directed to such a particular service or resource provider.
If the Club provides outside links, then such links are provided only as an informational resource, simply as a service, and only for your convenience. The Club is not responsible or liable for such links or content.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
Advertising
The Club Website(s), Resources, Products, or Services may display ads.
Nonetheless, the Club does not endorse or monitor any of these ads or their content, nor is the Club responsible for the foregoing, even if it seems affiliated with the Club.
Termination
You shall immediately cease using Club Website(s), Resources, Products, and Services upon termination.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
The Club shall not be liable for any damage caused to you or any third party due to terminating these Terms or by suspending or otherwise limiting your use of the Club Website(s), Resources, Products, and Services.
General
Any access to or use of Club Website(s), Resources, Products, and Services are governed by the laws of the state of North Carolina, U.S.A., and the state and federal courts located in Mecklenberg County, North Carolina.
Governing Law, Jurisdiction
These Terms shall be governed by the laws of the state of North Carolina, U.S.A., without regard to the principles of conflict of law therein.
The parties consent to the exclusive jurisdiction of the state and federal courts located in Mecklenberg County, North Carolina.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, the Club could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and the remedies at law available to us may otherwise be inadequate, and the Club shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that the Club shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
Enforceability
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Assignment
The Club may assign these Terms, in whole or in part, at its sole discretion.
You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the Club’s prior written consent. Any unauthorized assignment will be void and of no force or effect;
Entirety
These Terms are the entire agreement between you and the Club regarding the subject matter herein.
The Club’s failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing.
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against the Club over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
No Class-Action
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE CLUB AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
MyListing Club
MyListing Club LLC is a United States corporation.
Contact the Club
If you have questions or want to talk about any of this, email ryan[at]mylisting.club.