Sharingpet, Inc. and its related entities (collectively, "Sharingpet", "us", "our" or "we") is committed to maintaining and protecting
describes how we collect, store, use and manage the information you provide by
accessing our websites (including, but not limited to www.Sharingpet.com (the
"Site")) or any Sharingpet application provided on other websites, such as
Facebook or other third party sources (collectively, the "Services"). By using
collected by Sharingpet directly through your use of the Services.
When you register for the Services, we may collect "Personal
Information," (which includes, but is not limited to information about you
that can be used to contact or identify you such as your name, phone number,
credit card or other billing information, email address, home address, visited
retailers, and designated causes), as well as anonymous information. Personal Information
is collected out of necessity so that we can distribute donations to your
causes, track your shopping and giving history, which allows for better account
management tools and accountability. If you so desire and our system supports
it, we may also allow you to send your Sharingpet donations to the causes you
care about via direct donations on Sharingpet.com. Personal Information can
also be used to contact or identify you. Personal Information, once collected,
is never shown on the Site. It may be emailed only to the address provided with
the Personal Information, but never to a different address even if that
different address is believed to be a new address for the same person. By
supplying such information, you acknowledge that we have your affirmative
consent and may use such information for promotional, marketing or any other
such use that we consider appropriate. We will make commercially reasonable
efforts to prevent any sensitive personal information from becoming publicly
available.We also collect "Anonymous Information," which includes, but is
not limited to, application use data and IP addresses. How we collect such
anonymous information is discussed below.
How We Collect Information
In addition to registration for the Services, we collect information in the following ways:
Profiles and postings: We offer features that allow you to share your opinions and information with others, such as your friends, your causes and other Sharingpet users, who visit the Site and access the Services. We will not share this information with other organizations. However, this information may be visible to all users of our Services. We may reuse and modify this information in other places on the Site and any other sites we may own, manage and control.
Surveys: We may conduct occasional online surveys. For example, when you're within our Site, you may see a pop-up window offering you the opportunity of participating in a survey. These surveys are entirely voluntary, and you may decline to participate.
Web site usage information: We automatically collect IP addresses and web site usage information from you when you visit our Site. This information helps us evaluate how our visitors and subscribers use and navigate the Site on an aggregate basis, including the number and frequency of visitors and subscribers to each web page, and the length of their visits.
Browsing History: If you elect to download our Sharingpet Shopping Tool, you may receive special alerts based on your browsing activity. These alerts may notifiy you when you are shopping with a Sharingpet Site, when you are not shopping with a Sharingpet Site, when there are deals available for the Site, and what donations are available through the Site. A history of links to our Sites may be kept in order to better personalize you shopping alerts.While using the Sharingpet Shopping Tool, Sharingpet may alter your browsing destination in order to direct you to a Sharingpet version of your desired site. This is done in order to track your purchases and direct commissions to Sharingpet, which we then use to benefit your causes. By using the Sharingpet Shopping Tool, you acknowledge and consent to this procedure in its entirety.
We may use your Personal Information in the following ways:
We may use Anonymous Information in the following ways:
We may use Personal Information together with Anonymous Information in the following ways:
Registration: When you register through our Site and submit your Personal Information to create a profile webpage or access the Services, users may see your username and the other information about you. We may display your Personal Information in your profile page and elsewhere on the Site according to the preferences you set in your account. Any information you choose to provide should reflect how much you want other users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.Service Providers: We may employ third party companies and individuals to facilitate the Services we provide on our Site or through the Sharingpet Shopping Tool, to provide those Services on our behalf, to perform tasks, (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site and the Services) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Our Services may include third-party advertising and links to other web sites. We do not send any Personal Information to these advertisers or web sites. These third-party advertisers or web sites may send or serve the advertisements that appear on our web site directly to your browser, and they may place or recognize a unique cookie on your browser. These companies may use information (excluding your name, zip code, or email address) about your visits to our Site and Services to provide advertisements on our Sites and Services about goods and services that may be of interest to you. If you would like more information about how to opt out of this practice, please click here.Because we cannot control the activities of third parties, we cannot accept responsibility for your use of their services or for any use of your Personal Information by such third parties and we cannot guarantee that they will adhere to the same privacy and security practices as ourselves. The presence of a third party link within the Services does not represent an endorsement of the content of that third party?s link and Sharingpet disclaims all liability arising from such content.
Identity theft and the practice currently known as "phishing" are of great concern to us here at Sharingpet. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's web site.
We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of the Site and the Services or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
The Services are not directed to children under 18. We do not knowingly collect Personal Information from children under the age of 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files. By using the Services, you and represent and warrant that you are at least 18 years old.
You may review, update, correct or delete Personal Information we receive from you. If you elect to register with us and you would like to review, update, correct or delete that Personal Information, you may do so by contacting us by clicking the "Contact Us" or FEEDBACK link at Sharingpet.com and include sufficient detail in your communication so that we may identify you and your profile.
Sharingpet, Inc. reserves the right to make changes to this
or the Services indicates your acceptance of such successor Privacy Policies.
by clicking on the "Contact Us" and or FEEDBACK link at
Sharingpet.com or mail us at:Sharingpet Inc.27 Maiden Lane, Suite 700
San Francisco, CA 94115
If you have any questions, comments or concerns about our Privacy
Policy, you may contact us by clicking on the "Contact Us" or the
FEEDBACK link at Sharingpet.com or mail us at:
Sharingpet Inc.27 Maiden Lane, Suite 700
San Francisco, CA 94115California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at the above address or contact us by clicking on the "Contact Us" or FEEDBACK link at Sharingpet.com.© 2011 Sharingpet, Inc. All Rights Reserved.
No. In fact, with our promotions and featured retailers who use special offers to help you raise donations, you might even save money!Is there a limit on the amount of donations I can raise?
No. Your good deeds here are free and accumulate based on your desire to do more. So, shop all you want. The more you buy, the more you will give back to the Pets Unlimited.How do I cancel or change my travel plans?
To change or cancel your booking, please contact the retailer that you chose from our Travel Shop. You should have received a confirmation email or other communication after completing your booking that you can refer to in order to find out additional information regarding changing or cancelling your booking. If you need any further help please contact us firstname.lastname@example.org.Do I have to register to use the Pets Unlimited Travel Shop?
No. We recommend you do so you can track donations that you have made through your purchases. If you don't sign up we will ask you for your email to notify you when the donation to Pets Unlimited has been completed. If you choose to, you can skip registration or tracking and move ahead with your purchase.How much money goes to Pets Unlimited?
With each transaction, a percentage of the purchase price will go back to Pets Unlimited. The percentage of your purchase price that goes to Pets Unlimited varies from deal to deal and is worked out with each Merchant through our affiliate programs.How long does it take Pets Unlimited to receive a donation from my purchase?
It takes between 30 to 90 days before we receive donations (for some bookings we must wait 90 days in case of returns and credits). Once the donations hit the 90 day mark, they are eligible to be paid out at the end of the next fiscal quarter. You can go to our Terms and conditions for more information on donation and payment policies.
At the end of each month an automatic deposit is made directly to Pets Unlimited bank account.
If the total donation for the month is under $50, the amount will be held and applied to the following month’s deposit once the total exceeds $50.
Pets Unlimited and the purchaser are notified within a week of receipt of the donation. Notifications include details of the donation.Will I know when Pets Unlimited receives my donation?
We will inform you when Pets Unlimited receives the deposit into their account.Is my donation tax deductible?
No, Sharingpet is the designated donor to Pets Unlimited, so it will not be tax deductible.How is the donation percentage determined?
Sharingpet always gives back 66% of the proceeds. Transparency is one of our core principles so we will indicate the exact donation amount given to Pets Unlimited. We work with each retailer to set a donation percentage based on numerous factors. Obviously, we try to get the biggest percentage we can. These percentages will occasionally change, so don't forget to look at them before each purchase. Also, you can sort the list of products by the percentage we will donate, so you can choose to shop at retailers generating a higher percentage of the purchase price.How can I track how much I have donated?
Once you are registered and logged in at Sharingpet.com your donations will always appear in the header, but also you can see more details on the statistic page.How do I report fraud or abuse?
If you see evidence of fraud or abuse please contact us at email@example.com with "abuse" as the subject line.How safe is my personal information?
cause we believe that thousands of passengers booking through Pets Unlimited Travel Agency, can really change the lives of thousands of AnimalsWhat do I do if I have more questions or need help?
You can just write us at firstname.lastname@example.org.
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 represent and warrant that you are at least 18 years old.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
Except at provided above for copyright complaints, please direct inquiries or comments concerning this Terms of Service to us via mail email@example.com
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