Terms of the service
A. Introduction
Welcome to Sharingpet ("Sharingpet", "we", "our" or "us") a whole new way to shop with meaning. By using or accessing our websites (including, but not limited to, www.Sharingpet.com (the "Site")), platforms, applications, tools and related services (collectively, the "Services") you acknowledge that you have read, understood and accept and agree to be bound by the most recent version of our Terms of Service. The following terms and conditions, including any future modifications to this Terms of Service, and all usage guidelines available on the Site are collectively referred to herein as the "Terms of Service." The Services are provided to you by Sharingpet Inc., a Delaware corporation ("Sharingpet" or "we" or "us").
ALL OF THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 18 YEARS OR OLDER. IF YOU ARE UNDER THE AGE OF 18, PLEASE CEASE USE OF THE SERVICES IMMEDIATELY. By using the Services, you and represent and warrant that you are at least 18 years old.
Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Services to share such information with others. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions.
By creating an account or accessing or using the Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy. Your usage of the Services is conditioned upon your acceptance of and adherence to these Terms of Service.
Sharingpet reserves the right, at our sole discretion, to modify, revise, discontinue or terminate the Terms of Service at any time and without prior notice. If we modify the Terms of Service, we will post the modification on our website. By continuing to access or use the Services after we have posted a modification on our website you are indicating that you agree to be bound by any such modifications or revisions to the Terms of Service. If you do not agree with the modified or revised Terms of Service, your only recourse is to cease using the Services.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Sharingpet is not required to provide you notice before terminating or suspending your access to the Services, but we may, in our sole discretion, do so. Moreover, Sharingpet reserves the right to stop offering and/or supporting any or all of the Services at any time. In such event, Sharingpet shall not be required to provide refunds, benefits or other compensation to users.
Our Services may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that platform.
B. Registration
To use or access certain of the Services, you may need to register and/or log-on or create an account with Facebook Connect and/or with a unique user name and password and provide other information (collectively, "Registration Information"). When submitting Registration Information, you agree to:
(b). Provide current, accurate and complete Registration Information;
(c). Keep your Registration Information current and accurate;
(d). Keep your password to yourself and not share it with anyone else except as may be expressly allowed by us in these terms or any membership or account;
(e). Accept full responsibility for any and all use of your account;
(f). Immediately notify us of any disclosure or use of your user name or password that is not authorized by these Terms and Conditions and to change your password to stop any such further use;
(h). NOT create member accounts by any automated means, which are hereby expressly prohibited;
(i). NOT use an account for any purpose other than the purpose for which it was created and intended to be used by Sharingpet;
(j). NOT use an account for any unlawful purpose; and
(k). NOT use an account for any commercial purpose except as may be expressly permitted by these terms.
C. Cause or Business Listings
The Site may include a page for use by a representative of a business that is listed on the Site (such page may be called "Cause Listing" or "Business Listing"). In creating or updating a Cause Listing or Business Listing, you must be an authorized representative of the business or cause in question, and you must provide complete and accurate information about yourself and the business or cause you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
D. Limited license
Subject to your compliance with the Terms of Service, we grant to you a personal, non-transferable, limited, non-exclusive revocable license to access and use the Services for the purposes for which they are intended to be offered by Sharingpet and for no other purposes. You may not use the Services except for the purposes intended by Sharingpet, as determined by us in our sole discretion.
You may not sublicense this agreement or sublicense any right granted to you under these terms. In connection with the exercise of the limited license granted to you herein, you may view, copy, store, and print portions of the Site content for your personal and non-commercial, educational or informational uses only.
This license is revocable at any time without notice.
Except as expressly set forth herein, Sharingpet and its licensors do not grant you any rights or licenses other than the license to access and use the Services as set forth in this Terms of Service. ALL RIGHTS AND LICENSES NOT EXPRESSLY GRANTED HEREIN ARE RESERVED TO SHARINGPET AND ITS LICENSORS. UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THIS TERMS OF SERVICE SHALL BE CONSTRUED AS CONFERRING ANY LICENSE WHATSOEVER TO INTELLECTUAL PROPERTY RIGHTS OF SHARINGPET OR ITS LICENSORS.
E. Intellectual Property
Except as otherwise indicated herein, all content accessible via the Services, including without limitation, the Sharingpet name, mark, logo and all designs, text, graphics, pictures, photos, sounds, video, articles, messages, information, data, databases, software, source code, files, and the selection and arrangement thereof, (individually and collectively, the "Site Content") is the proprietary and exclusive property of Sharingpet or its licensors and protected by U.S. and International copyright laws.
You may not copy or otherwise reproduce, distribute, transmit, publicly display or perform, modify, adapt, reformat, frame, translate, reverse engineer, create derivative works or uses of the Services or the Site Content, or otherwise commercially exploit any of the Site Content, in whole or in part, except as expressly provided in these terms and the intended functionality of the Site or by applicable law pertaining to the fair use of copyrighted works.
You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Site or in the Site Content or any other material or content accessible via the Services.
Any displays or printouts of the Site or Site Content that do not contain an original proprietary notice of the Site must be marked "Copyright 2011 Sharingpet Inc. All rights reserved" or other visible proprietary notice pertinent to the displayed or printed Site Content.
Unauthorized access and use of the Site or Site Content may also violate applicable state, federal and international laws, including without limitation, laws pertaining to the protection of copyrights, trademarks, misappropriation of trade secrets, and electronic communications.
Sharingpet, the Sharingpet Logo, and other associated designations of origin of our goods and services, including without limitation, logos, graphics, designs, icons, animations, sounds, colors and combinations thereof (the "trade dress") are trade names, service marks and trademarks ("Trademarks") of Sharingpet. Except as permitted by law governing the fair use of names and marks, neither you nor any third party may use or register the Trademarks in connection with any product or service or web site (including domain names) in any manner without the prior written permission of Sharingpet.
All other names and trademarks mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or affiliation with Sharingpet.
F. User conduct
We do not permit certain irresponsible or unnacceptable conduct or content that interferes or detracts from the use and enjoyment of the Site and the Services. Accordingly, you represent and warrant that you shall not directly or indirectly use or attempt to use the Site, Site Content or Services or encourage others to use or attempt to use the Site, Site Content or Services to:
· Abuse, harass, threaten, malign, defame or intimidate a person or group of persons using the Services or anyone affiliated with the Site.
· Harvest or collect email addresses or other information of other users or members from the site by any means for any commercial, unlawful or other purpose prohibited in these terms.
· Create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and use of the Services.
· Deceive or otherwise mislead people to view your postings and/or member profile.
· Automatically redirect users to other domains.
· Take any action that would restrict user viewings of the Site Content or your postings to the Site, except as provided for by the Site's privacy preference options.
· Use or attempt to access and use another member's account.
· Use or attempt to use the Services to gain unauthorized access to or control of any computer, computer network, passwords, encryption codes, or other third party content and information.
· Use or attempt to use the Services to store, display, or transmit, illegal, threatening, obscene or otherwise immoral or scandalous content and material.
· Use any device, software or routine that interferes with the proper working of the Site, Services or networks connected to the Site or Services, or otherwise attempt to interfere with the proper working of the Site, Services or other networks connected to the Site.
· Use any data mining, robot, spider, site search/retrieval application or similar data gathering or extraction methods.
· Access, retrieve or index any portion of the Site, Site Content or the Services for purposes of constructing or populating any database or any compilation of site content.
· Solicit anyone for unlawful or immoral purposes.
· Solicit personal information from a minor (under the age of 18).
· Use the Services for any purpose other than the purposes intended by Sharingpet.
Furthermore, you agree not to directly or indirectly (e.g., allow others to use a member account to) post, upload, transmit, distribute, share, store, create or otherwise publish on the Site content that:
(a). infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any person or entity;
(b). is false, deceitful or misleading in any way;
(c). would, in the sole judgment of Sharingpet, constitute, encourage, solicit or provide instructions for unlawful or illegal conduct or activity of any kind;
(d). is unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, threatening, harmful, inflammatory, invasive of privacy or publicity rights, indecent, lewd, suggestive, pornographic or sexually explicit in nature, fraudulent, hateful or racially, ethnically or otherwise objectionable;
(e). discloses any third party personal information, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers or financial account numbers;
(f). impersonates any person or entity or otherwise misrepresents your affiliation with or endorsement by any person or entity;
(g). seeks or encourages the exploitation of minors (persons under the age of 18) or the disclosure of the personal information of minors.
(h). in the sole judgment of Sharingpet, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Sharingpet, its affiliates or users to any harm or liability of any type;
(i). constitutes advertising, promotional material, solicitations, political campaign material, junk mail, spam, chain letters, or any other form of solicitation, except as may be expressly authorized and permitted by these terms;
(j). is irrelevant or immaterial to the Site, any specific part of the Site, or the subject matter for which the Site is intended by Sharingpet; and/or
(k). contains software viruses, worms, defects, Trojan horses or any other computer code, files, programs or destructive devices designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use of the Site and the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or its intended function.
G. User content license and rights
For purposes of these Terms, "User content" includes any message, data, text, information, screen names, links, images, graphics, photos, profiles, music, sounds, other audio, video, code and links or feed or blog that are submitted, posted, published and/or displayed on the site, or transmitted to others via the Site or the Services, by third party users (including but not limited to consumers, vendors, advertisers, sponsors and promoters) or by Sharingpet with the permission of the user. For purposes of clarification, User content does not include Submissions (as defined herein below).
Except as set forth herein, Sharingpet does not claim ownership of individual User content. However, Sharingpet does claim ownership of the compilation of User content. By posting or publishing User content to any part of the Site or by transmitting User content via the Site and the Services, you grant to Sharingpet and its successors and assigns an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and license to store, use, reproduce, digitally perform, publicly perform, publicly display, publish, modify, adapt, reformat, translate, excerpt (in whole or in part), prepare derivative works, compilations and databases, and to distribute or transmit any of the aforesaid in any media, now known or hereafter devised, and to grant and authorize sublicenses of the foregoing, in whole or in part, all without monetary payment or other consideration of any kind to you or any third party.
You acknowledge and understand that User content may be indexed by online search engines (e.g., AOL Search, Alta Vista, Google, Yahoo! and many others) and displayed on third party sites in response to online search engine queries.
Without limiting the foregoing, Sharingpet reserves the right in its sole judgment to use or not use the User content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post, publish or transmit the User content, in whole or in part. Any use of User content does not necessarily reflect the views or opinions of Sharingpet or its affiliates.
In addition to the above license, you grant Sharingpet an irrevocable right and license to use your name, photo, video, face, likeness and other biographical information (as submitted to the site) in connection with providing public notice of attribution of authorship or origin of the User content provided by you.
However, you agree that Sharingpet shall have no duty or obligation to attribute authorship to you (or comply with other "rights of publicity" demands) and you hereby waive, agree not to enforce and release Sharingpet and its successors and assigns from any and all claims arising from or related to any rights of publicity or other moral rights in the User content, including but not limited to the rights of attribution and integrity and/or destruction of User content.
You understand, acknowledge and agree that all User content will be treated as non-confidential and free of any proprietary rights or claims against Sharingpet, and Sharingpet is under no obligation to treat such User content as confidential proprietary information of you or any party.
You further acknowledge and agree that neither Sharingpet nor its successor and assigns are under any obligation to pay for any User content or the opportunity to edit, delete or otherwise modify User content once it has been submitted to the Site.
You further acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the operation or features of the Site (existing or prospective) or the offerings of services or Site Content (individually and collectively referred to herein as "Submissions"), provided by you to Sharingpet are non-confidential and shall become the sole property of Sharingpet, its successors and assigns and will not be returned to you. Sharingpet shall not be required to acknowledge receipt of any Submissions or obligated to pay for or use any Submissions in any way. As the sole and exclusive owner of such Submissions, Sharingpet shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The provisions of this section and license granted herein to Sharingpet shall survive the termination of your license to access and use of the Site and the Services.
H. Responsibility for user content and user interactions
It is the sole responsibility of each user to ensure that he or she owns or has all rights, title and permissions necessary to upload, post, or publish User content to the Site or transmit User content via the Site. By uploading, storing, posting, or publishing User content to the Site, or transmitting User content via the Site, you represent and warrant that you have all rights, title and permissions necessary to do so and that doing so does not violate any third-party right or license.
Sharingpet does not regularly and systematically monitor User content posted on the Site or transmitted via the Site. Sharingpet does not guarantee the accuracy, integrity or quality of User content. You understand that by using the Site and the Services you may be exposed to User content that you or others may feel is offensive, inappropriate, indecent, obscene, unlawful or otherwise objectionable.
While we encourage and accept comments, responses and constructive criticism, SHARINGPET ACCEPTS NO RESPONSIBILITY AND ASSUMES NO LIABILITY OF ANY KIND ARISING FROM OR RELATED TO THE USE, LOSS OR DAMAGE OF USER CONTENT. You agree to assume all risks associated with the viewing or use of User content and/or reliance on any User content.
SHARINGPET IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES OF USER CONTENT. Although Sharingpet has no obligation to screen, edit, monitor, refuse, or remove any of the User content posted to or distributed through the Site, Sharingpet reserves the right in its sole discretion to screen, edit, monitor, refuse, or remove any User content at any time and for any reason with or without notice.
You are solely responsible for creating backup copies of and replacing any User content you post or store on the Site at your sole cost and expense where necessary. Sharingpet is not responsible for the loss or damage to any User content.
Sharingpet does not control the actions of any user or members of the Site. You are solely responsible and liable for your interactions with other users and members of the Site. We reserve the right, but have no obligation to monitor disputes between you and other users. Sharingpet further reserves the right to take any and all action it deems in its sole judgment necessary and appropriate to protect the integrity, reputation and goal of the Site, Sharingpet and its users and members, without notice or liability to any party, whether or not involved in any dispute.
I. Professional advice
This Site and its content and the Services are provided for general information and entertainment purposes only. It is not intended and shall not be construed as providing professional advice of any kind with regard to your particular circumstances. If you have a question or concern about a specific legal or health or financial or charitable or welfare issues for any particular dog or other animal, consumer product, or human, please seek the advice and counsel of a licensed professional in your area for your particular circumstances.
J. Indemnity
You agree to indemnify and hold harmless Sharingpet and its affiliates, and each of their directors, officers, members, managers, employees and agents, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and litigation expenses, arising out of or in connection with any User content that you upload, post, display, transmit or otherwise share on or through the Site, your access or use of the Site and the Services, your conduct in connection with the Site or with other users of the Site, or any violation of this Terms of Service or of any law or the rights of any person or entity by you or anyone using your account or User ID or password. This indemnity obligation shall survive the termination of your license to access and use the Site and the Services.
K. Copyright complaints
If you believe that any content or material on the Site infringes any copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"):
Designated Agent for Receiving Notification of Claimed Infringement: Luis Cifuentes, Co-Founder
Full Address of Designated Agent to Whom Notification Should be Sent: 901 Mission St, Suite 210, San Francisco, CA 94103
Telephone Number of Designated Agent: 415-758-8684
Email Address of Designated Agent: info [at] Sharingpet – info@Sharingpet.com
To be valid under the DMCA, your notice must be in writing and include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This information is neither intended nor should not be construed as legal advice. For further details on the information required for valid notifications under the DMCA, see 17 U.S.C. 512(c)(3).
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT OR MATERIAL IS INFRINGING YOUR COPYRIGHTS, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION.
This information is provided exclusively for notifying Sharingpet that content or material(s) on the Site or transmitted via the Site may be in violation of your copyright(s). Sharingpet does not respond to other inquiries using this process. See "Contact Us" and/or FEEDBACK below for all such other inquiries.
L. Infringer policy
In accordance with the DMCA and other applicable law, it is the policy of Sharingpet to terminate (at it's sole discretion and without prior notice) users or members who are deemed or suspected by Sharingpet to be repeat infringers. Sharingpet may also at its sole discretion limit access to the site and/or terminate access and use by any user or member who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
M. Third-party sites, contents and transactions
The Site may display or contain links to third party web sites ("Third Party Sites") and may display or link to content or materials originating from Third Party Sites, including but not limited to blogs or feeds (individual or aggregated) or other User content (collectively, "Third Party Content"). The display or linking to Third Party Sites or Third Party Content are provided as a convenience to our users and members of the Site only and do not imply approval or endorsement or any sponsorship or affiliation of any kind. The information and opinions expressed at Third Party Sites or in Third Party Content are those of the Third Party author (s) and not of Sharingpet. Your access and/or use of Third-Party Sites and Third-Party Content is entirely at your own risk. SHARINGPET IS NOT RESPONSIBLE FOR THIRD PARTY LINKS, SITES OR THIRD PARTY CONTENT. OUR TERMS AND POLICIES NO LONGER APPLY AFTER YOU LEAVE OUR SITE. SO, BE CAREFUL! NOT ALL SITES ARE ABOUT PASSING ON THE GOOD KARMA, WE KNOW THAT AND WANT YOU TO KNOW IT TOO.
In addition, Sharingpet may run third party advertisements and promotions on the Site. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Site and the Services, such activity is solely between you and the applicable third party. ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS RELATED TO SUCH ACTIVITY ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SHARINGPET SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR THE RESULT OF ANY THIRD PARTY ACTIVITY OR THE RESULT OF THIRD-PARTY ADVERTISEMENTS ON OUR SITE.
You acknowledge and agree that Sharingpet is not responsible or liable for any action or inaction of any third party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any claim or liability arising from or related to any third-party transaction.
N. Termination or modification
Nothing herein warrants or guarantees the continued operation of the Site or the Services. Sharingpet (and its successors and assigns) reserve the right at its sole discretion at any time to take the following action(s):
(a). change, modify, suspend or discontinue all or any aspect of the Site or Services temporarily or permanently,
(b). impose limits on the usage of the Site or Services, and/or
(c). block or prevent the future access to or use of all or any portion of the Site or Services, or otherwise terminate licenses to use the Site or Services, or any portion thereof.
Any such action(s) may be taken with or without prior notice to you, for any reason, including but not limited a violation of these Terms. Sharingpet is not obligated to provide to you any period in which to cure an actual or suspected breach of this Terms of Service and Sharingpet shall not be liable for any loss or damage arising from your failure to comply with this Terms of Service and any remedial action taken by Sharingpet as a result thereof. Any remedial action taken by Sharingpet shall be in addition and without limitation to any other legal or equitable remedy that may be available to Sharingpet. (In addition, see Sharingpet's "Infringer Policy" regarding our policy on the termination of users who infringe the intellectual property rights of others).
O. Disclaimer of representations and warranties
THE SITE CONTENT AND USER CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARINGPET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHARINGPET DOES NOT REPRESENT OR WARRANT ANY SPECIFIC PERFORMANCE OR RESULTS FROM THE USE OF THE SITE OR SITE CONTENT, THAT THE SITE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
ALL ACCESS AND USE OF THE SITE, THE SITE SOFTWARE, THE SITE CONTENT AND USER CONTENT IS AT YOUR SOLE RISK.
YOU SHOULD EXERCISE CAUTION IN ACCESSING, VIEWING AND DOWNLOADING CONTENT AND SOFTWARE FROM THE INTERNET AND USE INDUSTRY STANDARD SECURITY AND PROTECTION SOFTWARE TO GUARD AGAINST ONLINE RISKS. YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR ALL LIABILITY, DAMAGES AND OTHER HARM AND LOSSES THAT MAY RESULT FROM YOUR ACCESS AND USE OF THE SITE, THE SITE CONTENT, USER CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT AND MATERIALS MADE ACCESSIBLE OR AVAILABLE VIA THE SITE.
WITHOUT LIMITING THE ABOVE, SHARINGPET ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR COMMUNICATIONS OR USER CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING CONTENT AND MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE, SITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO OTHER USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
P. Limitation of Liability
Sharingpet accepts no responsibility for liability for any User content uploaded, stored, posted or otherwise published or transmitted via the site by you or any third party, or for any loss or damage thereto or liability arising from or related to User content, including but not limited to liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SHARINGPET NOR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHER INTANGIBLES, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE SITE, THE SITE CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM THE RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM THE SITE OR ACCESSIBLE THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES, EVEN IF SHARINGPET IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHARINGPET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ANY CONTENT EXCEED THE LESSER OF 1) ANY COMPENSATION PAID BY YOU, IF ANY, TO SHARINGPET FOR ACCESS TO OR USE OF THE SITE (FOR ANY PURPOSE AT ANY TIME) OR ANY CONTENT OR MATERIALS MADE AVAILABLE VIA THE SITE, OR 2) ONE HUNDRED DOLLARS ($100.00).
The limitations of liability set forth in this section shall survive the termination of your license to access and use the Site and the Services.
Q. Dispute Resolution
YOU AND SHARINGPET AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE ACCESS AND USE OF THE SITE OR ANY SITE CONTENT SHALL BE FINAL AND BINDING ARBITRATION, except: (a) to the extent that you or Sharingpet asserts a claim for violation of an intellectual property or other proprietary right or a violation of this Terms of Service pertaining to user conduct, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought in a court of competent jurisdiction; and (b) no disputes or claims relating to any third party transactions arising from or related to the use of the Site must be arbitrated.
Arbitration under this Agreement shall be conducted before a retired judge with "JAMS" (see http:/www.jamsadr.com), under its then-existing Rules and Procedures. The arbitration shall be held in the City of San Francisco, California. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In no event shall any claim, action or proceeding by you arising from or related in any way to this Terms of Service or the use of the Site, Services, Site Content, User content or other content and materials made accessible or available via the site, be instituted more than one (1) year after the cause of action arose.
You and Sharingpet agree that the prevailing party in any action to resolve a dispute between the parties will be entitled to an award of reasonable attorneys' fees and costs (including consultant and expert witness fees) incurred in the action.
The provisions of this section shall survive the termination of your license to access and use the Site and the Services.
R. Miscellaneous
This Terms of Service and the resolution of any dispute between you and Sharingpet will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree and Sharingpet agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. If you are located outside the United States, you access and use this site voluntarily and at your own risk and compliance with all local laws pertaining to you. In no event shall Sharingpet or its affiliates be responsible for compliance with your local laws or liable for the failure to so comply. No site content may be downloaded or otherwise exported by a user in violation of any U.S. export control law, regulation or restriction. The application of the United Nations Convention on the International Sales of Goods shall not apply and its application is hereby expressly excluded.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Sharingpet or its affiliates in any respect whatsoever. Sharingpet may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
This Terms of Service contains the entire agreement between you and Sharingpet regarding the use of the Site, the Services, the Site Content, User content or other content and materials made accessible or available via the Site. This Terms of Service may not be modified except in writing by Sharingpet. This Terms supersedes any prior agreements between you and Sharingpet relating to the use of the Site, the Services, Site Content, User content or other content and materials made accessible or available via the Site.
The failure of Sharingpet to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of the right or provision. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You consent and agree to receive legal notices from us electronically to the last known email addresses provided by you and/or by the prominent posting of legal notices on Sharingpet and Sharingpet.com and that any such electronic notices satisfies any legal requirement that a legal notice be in writing. You may withdraw this consent to the receipt of electronic notices by notifying us and terminating all use of the Site and the Services.
If any provision of this Terms of Service shall be deemed unlawful, void, or otherwise unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
This Terms of Service is not assignable or transferable by you except with the prior written consent of Sharingpet.
The section titles are for convenience only and shall not be used to construe or interpret these Terms.
The provisions of this section shall survive the termination of your license to access and use the Site and the Services.
S. Contact Us
Except at provided above for copyright complaints, please direct inquiries or comments concerning this Terms of Service to us via mail info@sharingpet.org
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