Policies
iShareStuff will only use your e-mail address for the operations of the site that involve you. We won’t share it with other organizations. iShareStuff collects your name information (just a first name and last initial) to make it easier for other users to know who you are (Sue H is so much friendlier than sue84824@impersonalcomputersoundingnames.com). iShareStuff collects a zip code so we can track where, in the aggregate, we are getting users, and to localize certain information. iShareStuff puts a Session Variable in your browser’s Cookie folder after you sign in that tells our computers that you have already been authenticated. The Session Variable is deleted when you close your browser. If you care, the Session Variable contains a unique number generated at the start of your session that enables our systems to know you’ve already been authenticated; it does not track your usage, and the only personal piece of information it contains is your username (in our case, your e-mail address).
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at iShareStuff’s web site (the "Service"), owned and operated by iShareStuff ("iShareStuff"), is provided to you ("User") under the terms and conditions of this iShareStuff Terms of Service ("iTS"), and any operating rules or policies that may be published by iShareStuff at the URL: www.iShareStuff.com (the "iShareStuff Site"). The iTS comprises the entire agreement between User and iShareStuff and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING THE iShareStuff SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. 2. DESCRIPTION OF SERVICE: iShareStuff provides User with a capability to share goods, services, and knowledge via the World Wide Web, electronic mail ("email"), and through the iShareStuff Site. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during your original sign-up shall be referred to as "Registration Data." If any Registration Data provided by User is inaccurate, iShareStuff reserves the right to terminate User's account and rights to use the Service. 3. NO "SPAMMING": User will not use the Service for chain letters, junk mail, "Spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by iShareStuff. If any User uses the Service for Spam, iShareStuff reserves the right to immediately terminate User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact iShareStuff at admin@iShareStuff.com. 4. NOTICES: iShareStuff will not send any communications to Users, or non-User service invitees, other than as required for the performance of the Service and for notices pertaining to the Service. All notices to a party shall be in writing and shall be made via email. iShareStuff may broadcast, distribute or display notices or messages through the Service to inform User of changes to the iTS, the Service, or other matters of importance; such broadcast, distributions or displays shall constitute notice to User. 5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: iShareStuff may modify or discontinue the Service with or without notice to User. iShareStuff shall not be liable to User or any third party should iShareStuff modify or discontinue the Service. iShareStuff may change the terms and conditions of the iTS from time to time. Upon any change in the terms and conditions of the iTS, iShareStuff may notify User via email, and/or by posting an announcement of the changes and a link to the new iTS on the start-up screen upon User's subsequent use of the Service. User will be asked to review the new iTS. User acknowledges and accepts the iTS by continuing to use the Service. 6. PRIVACY POLICY: It is iShareStuff’s policy to respect the privacy of its users. Therefore, iShareStuff will not edit or disclose the contents of User's private communications unless required to do so by law, or as otherwise stated in iShareStuff’s Privacy Policy, or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on iShareStuff; (2) protect and defend the rights or property of iShareStuff; or (3) act under exigent circumstances to protect the personal safety of its users or the public. User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. 7. USER ACCOUNT, PASSWORD, AND SECURITY: Once User registers for the Service, User will receive a password and an account. User is responsible for maintaining the confidentiality of that password and account. Furthermore, User is entirely responsible for any and all activities that occur under that account. User may change his/her password at any time by following instructions; User may also set up a new account at his/her convenience. User agrees to immediately notify iShareStuff of any unauthorized use of User's account or any other breach of security known to User. 8. DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iShareStuff EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. iShareStuff MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES iShareStuff MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. iShareStuff MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES LENT, BORROWED OR OTHERWISE SHARED, OBTAINED, OR RELINQUISHED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM iShareStuff OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9. LIMITATION OF LIABILITY: iShareStuff SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF iShareStuff HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES LENT, BORROWED, OR OTHERWISE SHARED, OBTAINED, OR RELINQUISHED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA. USER SPECIFICALLY AGREES THAT iShareStuff IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of iShareStuff. 11. USER CONDUCT: iShareStuff reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with applicable law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes (including without limitation, gambling or betting); (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User agrees not to:
13. INDEMNIFICATION: User agrees to indemnify and hold iShareStuff, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this iTS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity. 14. TERMINATION: Either party may terminate the Service with or without cause at any time and effective immediately upon written notice to the other party. iShareStuff may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at iShareStuff’s sole discretion, including but not limited to immediate termination of User's use of the Service should User's conduct fail to conform with these terms and conditions of the iTS, including but not limited to the terms of conduct set forth in Section 10. iShareStuff shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the iTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify iShareStuff of termination. Upon termination of the Service, User's right to use the Service and Software shall cease immediately. User shall have no right and iShareStuff will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9, 13, and 14 - 19 shall survive termination of the iTS. 15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on the iShareStuff Site ("Advertiser"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. iShareStuff assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. 16. PROPRIETARY RIGHTS TO CONTENT: User acknowledges that Content, contained in either sponsor advertisements or distributed via email, commercially produced information presented to User by the Service by iShareStuff or iShareStuff’s Advertisers ("iShareStuff Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the iShareStuff Content or Advertiser Content as expressly authorized by iShareStuff or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the iShareStuff Content or Advertiser Content without expressly being authorized to do so by iShareStuff or Advertiser. User may make a copy of the iShareStuff Content or Advertiser Content for User’s personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact. 17. CONTENT PROVIDED BY USER: User agrees that upon posting any Content on the Service or the iShareStuff Site, including but not limited to text and photographs, User grants to iShareStuff, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under User’s copyrights or other intellectual property rights, if any, in and to the content, to distribute, display, and reproduce such content to other users of the Service. User also grants iShareStuff the right to authorize the downloading and printing in whole or in part of any content that User has posted to the iShareStuff Site, by end users for their personal use. 18. GENERAL PROVISIONS: The iTS shall be governed by and construed in accordance with the laws of the state of Michigan, excluding its conflict of law provisions. User and iShareStuff agree to submit to the exclusive jurisdiction of the courts of the state of Michigan. If any provision(s) of the iTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. iShareStuff’s failure to exercise or enforce any right or provision of the iTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iShareStuff in writing. User and iShareStuff agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the iTS are solely used for the convenience of the parties and have no legal or contractual significance. |