a. The term “App” shall mean the self-contained program and software provided by ShareTown that provides support and allows users to enter into private transactions for the sale or rental of local goods and services.
b. The term “Content” shall mean all listings, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the App.
c. The term “Item” shall mean any good, service or product listed on the App.
d. The term “Listing” shall mean advertisements placed on ShareTown’s website to buy or sell Items by Users.
e. The term “Personal Information” shall mean any personally identifiable information collected through the App about the individual, including but not limited to the individual’s name, address, credit card information, email address and telephone number.
g. The term “Registered User” shall mean a User who has provided the Registration Data (defined below) to complete the signup process.
h. The term “Services” shall mean any services offered through the ShareTown App that Users may utilize to improve their experience such as but not limited to the App’s Safe Payment option, ShareTown products, and software that facilitates and supports transactions for the sale of local goods and services.
i. The term “User” shall mean all individuals or entities that access or use the App, whether the user is a registered User or not.
- Representations. Both parties agree to observe all applicable standards of professionalism and ethics, and certify that they are and will continue to be in compliance with all applicable Federal and State laws, rules and/or regulations. ShareTown does not itself offer any services, products or items. The App is an online marketplace only, designed for the unique purpose of facilitating transactions between private parties. We do not intervene in the transactions between Users. ShareTown cannot thus be considered part of the any agreement between Users of the App. ShareTown exercises no control over the quality, safety or legality of Items or services listed, or over the truthfulness or accuracy of the Listings, or over the ability of Users to transact with regard to the Items listed. We do not guarantee that Users will complete any or all terms of any transaction.
- Revisions and Errata. The materials appearing on ShareTown’s web site could include technical, typographical, or photographic errors. ShareTown does not warrant that any of the materials on its web site are accurate, complete, or current. ShareTown may make changes to the materials contained on its web site at any time without notice. ShareTown does not, however, make any commitment to update the materials.
- Public v. Private Functionality. The App contains functions open to the public use and functions accessible only by Registered Users. The public functions allow access to view User listings. The private functions within the App are only accessible after a User registers. Registered Users must enter the Registration Data to enter the private area. The private area allows Users to access various App functions such as search, categories, listings management, etc. We reserve the right to change registration procedure or the information required from time to time, in our sole discretion. Each User is responsible for the security and privacy of his or her own security verification information, and agrees to hold ShareTown harmless for any breach of security of his or her account as a result of a User’s or third party’s acts or omissions related to such information.
- Account Security. By registering with ShareTown, you are the sole authorized user of your account and are solely responsible for any and all activities that take place with respect to your account. You are solely and fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must take steps to ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, you agree to notify us immediately. Also, you may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. ShareTown must be notified of any change of your personal information within five (5) days of the change. Registration of a User Account requires that the User provide a valid email address that can be used to communicate between the User and ShareTown. All email communications sent to the email address provided by the User is deemed to have been received by the User.
b. Make false statements;
c. Take any action which, in our reasonable belief, breaches in moral standards;
d. Transmit any worms, viruses or any code of a destructive nature;
e. Disseminate any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, infringing on another’s copyright, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
f. Use, copy or disseminate copyright protected works without express authorization;
g. Engage in abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks, etc.); and
h. Engage in the dissemination of unsolicited commercial messages (“Spam”).
Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the App and the Services. ShareTown shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension, including the removal and deletion of your information that may be in our possession.
11. Proprietary Rights; License.
a. Proprietary Rights. All intellectual property on our website or within the App (except for Customer Content (defined below)) is owned by ShareTown or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the ShareTown name and logo) are owned, registered and/or licensed by ShareTown. All content on our website or within the App (except for Customer Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, Apps, interactive features and all other content is a collective work under the United States and other copyright laws and is the proprietary property of ShareTown. Any reproduction without ShareTown’s written authorization is strictly prohibited.
12. App Content and Use.
a. Use of App and Services. Your use of the App and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the App and Services is in compliance therewith. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, use of the Services, or access to the Services without the express written permission of ShareTown.
c. Listings. While the overwhelming majority of ShareTown App Users are trustworthy and well-intentioned, it is very important to take the same precautions in these transactions online as you would offline. Users who list an Item on the App and Users who upload or otherwise post Customer Content on the App are solely responsible for what they upload and publish under the law and under ShareTown’s Policies. ShareTown does not carry out or guarantee the existence of editorial control of Customer Content. Users are strongly discouraged from exchanging (whether or not through the App) their Personal Information unless and until they are comfortable with the User with whom any such exchange takes place. The User is solely responsible for any consequences or actions which may result from the exchange of Personal Information.
e. Taxes. ShareTown does not pay any taxes on behalf of the Users of the App. Users are solely liable for any taxes payable to any federal, state, local, or other entity resulting from any use of our Services or the App. Whether you are a business entity or individual, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. ShareTown recommends that you seek advice from a tax professional when making this determination. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or the App. ShareTown is not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or the App, or for conducting a transaction. ShareTown makes no representation or guarantee about licensing or certification of its Users.
f. License. We claim no intellectual property ownership rights over the Customer Content. However, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or unknown) in which it is used, including but not limited to, display through the Services, and display on the App for the purpose of demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the Customer Content you need for your purposes before your account is terminated.
- Disruption of Services. You acknowledge and agree that from time to time the Services and the App may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which ShareTown may undertake from time to time, service malfunctions and causes beyond the reasonable control of ShareTown or which are not reasonably foreseeable by ShareTown, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
14. Third Party Applications. Usage of the application Google Maps is subject to implicit acceptance of the Terms and Conditions for Google Maps (http://maps.google.com/help/terms_maps.html). Information displayed on the maps obtained via the Google Maps service is for general information about the locality of a Listing only and should not be used or relied upon for any other purpose. ShareTown does not provide the specific address for any User. The Google Maps tool used to display local search results uses an arrow to show approximately where the Item is located in order to protect the User’s privacy.
17. Violations of Your Intellectual Property. We respect the intellectual property of others, and we ask you to do the same. If you or any User of the App believes its copyright, trademark or other property rights have been infringed by a posting on the App, you or the User should send notification to ShareTown immediately. To be effective, the notification must include:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an email address at which the complaining party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
e. 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, agent, or the law; and
f. 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 alleged to have been infringed.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimers. THE SERVICES AND THE APP ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. SHARETOWN DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. SHARETOWN SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD-PARTY DATA, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA IS OUTSIDE OF SHARETOWN’S CONTROL. SHARETOWN DOES NOT WARRANT THAT THE SERVICES WILL ACCOMPLISH ANY OF YOUR SPECIFIC OBJECTIVES OR WILL OPERATE ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, YOU WILL NOT HOLD SHARETOWN LIABLE FOR ANY FAILURE OF THE APP OR SERVICES OR FOR ANY LOSS OF DATA. YOU AGREE THAT YOU WILL NOT HOLD SHARETOWN LIABLE FOR ANY THIRD-PARTY INFORMATION EVEN IF SUCH INFORMATION IS DISPLAYED ON, THROUGH, OR IN CONNECTION WITH THE APP OR SOFTWARE. YOU FURTHER AGREE THAT SHARETOWN WILL NOT BE LIABLE TO YOU FOR THE FAILURE OF THE APP’S PRIVACY SETTINGS TO LIMIT THE DISTRIBUTION AND SHARING OF YOUR CONTENT WITH OTHERS. YOU ALSO AGREE THAT SHARETOWN SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING THE TERM OF THIS AGREEMENT THAT CANNOT BE PREVENTED OR MITIGATED BY SHARETOWN.
- Limitation of Liability. You acknowledge and agree that in no event shall ShareTown be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use the App, even if ShareTown has been advised of the possibility of such damages. You further acknowledge and agree that ShareTown is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App. In the event that ShareTown is found to be liable to you for any damage or loss which is in any way connected with your use of the App or the Services, ShareTown’s liability shall not exceed $100. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Service Provider. You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the App. You accept responsibility for any such charges that arise.
23. General Provisions.
d. Business Regulations. You commit to comply with all state, national and international laws and regulations currently applicable to the use of our services and to your activities on the App. In addition, you recognize and accept that your usage of the App may legally qualify as a business, subjecting you to certain specific obligations, such as, and without limitation, registering the business, keeping books and accounting records in compliance with applicable regulations, payment of sales taxes and other applicable taxes, as well as legal dispositions in case of insolvency. In addition, if you have commercial activities on the App, and in particular if you are a professional user, you must comply with the regulations regarding billing, invoicing, sales, and more generally to all commerce laws and regulations. We recommend that you seek advice from a professional counselor or attorney on these matters.
f. Notice. All notices, requests, and other communications or approvals required by this Agreement shall be in writing and addressed/directed to the other party at the address provided in the Registration Data or at such other address of which the notifying party hereafter receives notice in conformity with this section. All such notices, requests, and approvals shall be deemed to have been duly given if delivered in person, by facsimile transmission or by registered or certified mail (postage prepaid, return receipt requested) to User at the address provided in that User’s Registration Data. Emails are considered received 24 hours after the email has been sent to the email address provided by User, unless we receive a notification stating that the email address is not valid or functioning.
g. Mandatory Arbitration. The parties shall submit any dispute that cannot be resolved to binding arbitration according to the then prevailing rules and procedures of the American Arbitration Association, where the findings and decision of the arbitrator shall be binding upon all parties to such dispute. All fees and costs (including reasonable attorneys’ fees) incurred pursuant to the resolution of any dispute to which this section applies shall be allocated to the losing party.