Terms of Service

Effective Date: April 21, 2025

Introduction

Thank you for using NewLIST.com (the "Site"). These Terms of Service ("Terms") outline your legal rights and responsibilities regarding access to and use of the Site and any related applications, whether existing now or in the future (collectively, the "Properties").

By accessing or using the Properties, you agree to be bound by these Terms, which constitute the complete agreement between you and NewLIST Media, LLC ("NewLIST," "we," or "us"). We may modify these Terms at any time by posting a revised version on this page; such changes will be effective upon posting. You should review these Terms regularly as continued use of the Properties constitutes acceptance of any modifications.

1. Eligibility and Use of Properties

1.1 Eligibility Requirements

You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited by law.

1.2 Authorized Use

You agree to use the Properties only:

  • In compliance with these Terms and applicable law
  • In a manner that does not violate our legal rights or those of any third party
  • For your own personal or business use, unless duly authorized by a third party to use the Properties on their behalf

1.3 Restricted Areas

Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login credentials and security information. Unauthorized access attempts may be subject to prosecution.

2. Account Creation and Management

2.1 Account Registration

You must create an account to access certain features of the Properties or to set up your brand or business listing. In creating an account, you represent that:

  • All information provided is true, accurate, and correct
  • If creating an account on behalf of a business, you are the owner or authorized agent of the business
  • You will not impersonate anyone else or create accounts for others without authorization
  • You will not provide false information or create multiple accounts or business listings except as authorized by us

2.2 Account Security

You are entirely responsible for:

  • Maintaining the confidentiality and security of your account(s)
  • All changes and updates submitted through your account
  • All activities that occur in connection with your account

You agree to notify us immediately of any unauthorized use of your account by contacting our customer support portal.

2.3 Account Suspension

We reserve the right to suspend access to or close your account at any time for any or no reason at our sole discretion.

2.4 Automated Account Management

You may not use automated means (i.e., bots) to create accounts on NewLIST. However, NewLIST does permit human and automated management of accounts by third-party management services, provided those services do not violate other terms of this and associated service agreements.

3. Ownership of Content

3.1 Your Content

You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials ("Your Content"). By submitting Your Content, you hereby irrevocably grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and right to use Your Content for any purpose and in any media now existing or in the future.

You also grant users of the Properties and third-party websites, mobile applications, and other platforms who obtained Your Content from us ("Third Party Properties") the same rights to use Your Content in connection with their use of the Properties and Third Party Properties.

By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, and create derivative works.

3.2 Representations Regarding Your Content

In submitting Your Content, you represent that:

  • You are the sole author of Your Content, or Your Content is not copied from or based on any other work except works in the public domain
  • You have legal rights to all images, videos, or documents submitted, either by:
    • Having taken the photograph or created the artwork being submitted
    • Owning the rights to the image/content
    • Having explicit permission from the rights-holder to submit and grant the rights described herein

3.3 Content Restrictions

You agree that Your Content will not:

  • Be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or obscene
  • Violate third-party rights (privacy, publicity, copyright, trademark, etc.)
  • Contain illegal material or violate any law or regulation
  • Be deceptive, misleading, or contain conflicts of interest
  • Be illegal or unsavory in nature (scams, sweepstakes contests, pyramid schemes, etc.)
  • Assert or imply endorsement by NewLIST

We may use, post, refuse, disable, remove, or reinstate any content (including Your Content) in our sole discretion.

3.4 Our Content

NewLIST is the sole and exclusive copyright owner of the Properties and our content, including visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate user review ratings, reports, and other elements ("Our Content").

Some of Our Content may be provided by third-party contributors who receive consideration from us. However, the substance of Our Content is not impacted by whether any business is a paying advertiser.

You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements, or exploit Our Content in whole or in part except as expressly authorized by us in writing.

4. Intellectual Property Rights

NewLIST owns all intellectual property rights, including copyrights, trademarks, service marks, logos, and trade dress associated with the Properties and Our Content.

If you believe your copyright has been infringed upon by material on the Properties, follow this DMCA procedure:

  1. Identify in writing the copyrighted material claimed to be infringed
  2. Identify the alleged infringing material on the Properties with sufficient information to locate it
  3. Include the statement: "I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law."
  4. Include the statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf."
  5. Provide your contact information including address, telephone number, and email address
  6. Provide your physical or electronic signature
  7. Send the communication via: https://www.newlist.com/support/contact with attention to our Legal Department.

5. Third-Party Content and No Endorsement

5.1 Third-Party Materials

Some content available through the Properties may include materials belonging to third parties. We obtain business information from third-party vendors who source their data from public and licensed private sources.

5.2 No Endorsement or Verification

We make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, service, advertisement, or other content appearing on or linked from the Properties.

We do not screen or investigate third-party material before including it on our Properties. Third-party content, including user posts, does not reflect our views or those of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders.

We assume no responsibility or liability for Your Content, third-party content, or claims resulting from reliance on the Properties or materials contained therein.

6. Restrictions on Use

You agree not to:

  • Use the Properties for illegal or unauthorized purposes
  • Impersonate any person or entity
  • Stalk or harass other users
  • Falsely state your affiliation with another person or entity
  • Infringe intellectual property rights
  • Access another user's account without permission
  • Distribute unsolicited advertising, spam, or promotional materials
  • Distribute malicious code or disrupt functionality
  • Interfere with servers or networks connected to the Properties
  • Hack or access proprietary records without permission
  • Violate any contract or fiduciary relationship
  • Violate applicable laws or regulations
  • Decompile, reverse engineer, or disassemble the Properties
  • Remove security features or circumvent limitations
  • Commercialize any rights to the Properties or Our Content

We may, in our sole discretion: (i) modify, delete, or remove materials; (ii) access or preserve information in accordance with our Privacy Policy; (iii) suspend or terminate your access; or (iv) take any other legally available action in response to violations.

7. Mobile Application

7.1 Mobile Application Use

If you download our mobile application ("Application"):

  • You may only use it on devices you own or control
  • You may not modify, distribute, or create derivative works from the Application
  • You agree we may automatically provide Updates to the Application
  • You authorize the automatic download and installation of Updates

We have the right to temporarily disable or permanently discontinue any functionality of the Application without notice and with no liability to you.

7.2 Third-Party Beneficiaries

Apple Inc., Google Inc., and other mobile platform providers are third-party beneficiaries to these Terms with the right to enforce them against you, although they have no obligation to provide support or maintenance for the Application.

8. Privacy and Security

Our Privacy Policy includes details on information we collect about you and your devices, including location information when using the Properties through a Mobile Device.

We implement security measures including encryption, firewalls, and antivirus protection, but we do not guarantee the security of the Properties, our records, or your submissions. You are encouraged to install and maintain up-to-date security software on your devices.

9. Payments and Revenue Sharing

9.1 Subscription Advertising Services

  • NewLIST securely stores payment information with our third-party payment processor
  • Subscription advertising services renew every 7 days (weekly) on the subscription's anniversary weekday unless canceled
  • Subscriptions without "Ad Points" ("Points") run without charge
  • Points added to a subscription are billed per hour per point that an ad runs on the platform:
    • There are 168 hours in each 7-day week
    • Each point costs $0.00595 per hour (1 point ÷ 168 hours)
  • NewLIST operates strictly as a subscription service, not billing by clicks or impressions
  • Payments are processed automatically via electronic payment; NewLIST does not accept cash or check payments

9.2 Refund Policy

  • Refund requests must be made within 7 days of payment processing
  • NewLIST will only refund the last week's subscription
  • You may not request refunds for multiple weeks of ad service
  • Refund requests are limited to once every 90 days
  • Multiple unjustified refund requests may result in account suspension or termination

9.3 Revenue Sharing

  • Ad Channel admins receive a share of revenue generated by advertisers who connect ads to their channel
  • The standard ad channel revenue share is 50%
  • Revenue shares may vary between channel owners based on size, traffic, and other factors
  • Channel admins must register with NewLIST's payment processor to receive electronic payments
  • Revenue share payments are typically made daily after weekly subscription payments process
  • Channel admin users must be fully vetted and approved by the payment processor
  • Revenue sharing is only available in countries where the payment processor is authorized to offer it

10. Ad Display and Content

NewLIST displays ads within search results and other content according to internal policies that may change without notice.

Generally, ads with higher points value are displayed first and at larger sizes, with approximately:

  • Top 20% of ads shown at the largest size
  • Next 20% shown at the next smaller size
  • And so on to the smallest ad size for the lowest-ranked ads

NewLIST reserves the right to change ad display positions (ranking) and sizes according to its internal policies without notice.

11. Ad Channels and Channel Administration

11.1 Channel Registration

  • Ad Channels ("Channels") are specific URLs that brand owners can register as exclusive to their brand
  • Channel names are registered on a first-come-first-served basis
  • Only one channel name is allowed per brand unless explicitly excepted by NewLIST
  • Channel names may be transferred between admins with written authorization

11.2 Channel Management

  • NewLIST is the sole arbiter of disputes regarding channel administration
  • Formal trademark registration and/or proof of first use may be required to transfer a channel
  • NewLIST reserves the sole right to reserve, suspend, block, change, or reassign Channel names
  • Users are prohibited from:
    • Registering channel names for trademarks they don't own
    • "Squatting" on Channel names to sell them later

12. Code of Conduct

As a user of the NewLIST platform, you agree to:

  • Maintain a high standard of professional and moral business conduct
  • Refrain from disparaging other users, channel admins, and advertisers
  • Be honest and truthful in your interactions
  • Privately report conduct violations by other users

13. Disclaimer of Warranties and Limitation of Liability

13.1 Disclaimer of Warranties

THE PROPERTIES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF INFORMATION OR SERVICES OFFERED. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS FOR WHICH WE EXPRESSLY DISCLAIM LIABILITY.

WE MAKE NO WARRANTIES REGARDING COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK.

13.2 Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PROPERTIES OR ANY ADVERTISED PRODUCTS OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.

14. Miscellaneous

14.1 Indemnification

You agree to indemnify, defend, and hold harmless NewLIST and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including court costs and attorney fees) related to:

  • Your Content
  • Your unauthorized use of the Properties
  • Your breach of these Terms

14.2 Data Fees

Data, messaging, or other ISP and carrier fees may apply in your use of the Properties and are your responsibility.

14.3 Changes to the Terms

NewLIST may modify these Terms at any time by posting the revised version on this webpage with an updated effective date. You should review these Terms regularly as continued use of the Properties indicates acceptance of any modifications.

14.4 Governing Law and Dispute Resolution

These Terms are governed exclusively by the laws of the State of Florida and the United States. Any controversy or claim relating to these Terms shall be submitted to the judicial courts located in Orange County, Florida. You consent to the exclusive jurisdiction of these courts.

You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to do so shall forever bar any claims regarding the same facts or occurrence.

14.5 Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable for any reason, that provision shall be severed from these Terms, and the remainder shall continue in full force and effect.

Contact Information: For legal inquiries: https://www.newlist.com/support/contact Legal Department