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Terms of Use Agreement

Read This "Terms of Use Agreement" Before Accessing The GoodSharing Website.

Effective Date: This Terms of Use Agreement was last updated on Sunday, May 06, 2007

This Terms of Use Agreement sets forth the standards of use of the GoodSharing Incorporated (GoodSharing) Online Service for Registered Members (Service). By using the GoodSharing.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the GoodSharing.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service
GoodSharing is providing you, the Member with a limited, revocable, subscription to an online-based information service. By using the Service you acknowledge that GoodSharing may establish limits to the amount of Content that will be retained by the Service. You further acknowledge that GoodSharing is not responsible for retrieving accidentally or deliberately deleted data. GoodSharing also reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice and that GoodSharing will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.

Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties
The site is provided by GoodSharing on an "as is" and on an "as available" basis. YOU AGREE THAT THE USE OF GOODSHARING.COM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. To the fullest extent permitted by applicable law, GoodSharing makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise, including goods received as a result of this Service or accessed via links on GoodSharing.com. GoodSharing Incorporated shall have no liability for any interruptions in the use of this Website. GoodSharing disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability
GOODSHARING INCORPORATED SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOODSHARING INCORPORATED SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, LOSS OR DAMAGE OF PROPERTY, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GOODSHARING INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification
Member agrees to indemnify and hold GoodSharing Incorporated, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

Content
You understand that all text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the GoodSharing Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post. You understand that GoodSharing does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GoodSharing site and Content available through the Service may contain links to other websites, which are completely independent of GoodSharing. GoodSharing makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site and you access said site completely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GoodSharing be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that GoodSharing does not pre-screen or approve Content, but that GoodSharing shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for violating this Terms of Use Agreement or for any other reason.

Third-Party Sites, Services, and Content
The GoodSharing site and content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GoodSharing. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. It is solely your responsibility to take whatever precautions necessary and appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that GoodSharing shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GoodSharing is under no obligation to assist or become involved in the dispute in any way. In the event that you have a dispute with one or more other users, you hereby release GoodSharing, its officers, employees, agents and successors in rights from claims, demands and damages (direct and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. If you are a California resident, you waive California Civil Code Section 1542, which says:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Code of Conduct
You agree not to post or otherwise make available via the Service Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, sexually explicit, profane harmful to minors, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, or federal law;
  • that is hateful toward individuals (or groups) on the basis of race, color, religion, sex, national origin, disability, age, or any other group protected by local, state, or federal law;
  • that represents you as another person or entity or misrepresents your affiliation to another person or entity;
  • that is false and deliberately misleading;
  • that includes information that identifies another person or entity without that person or entity's explicit permission to post or make otherwise available said information;
  • that infringes the intellectual property rights of another person or entity including but not limited to any patent, End User License Agreement (EULA), trademark, service mark, copyright, trade secret, or other proprietary information without the owner having given prior consent or contractual authorization;
  • that is advertising or solicitation for paid services or other commercial interests;
  • that advertises or promotes the use or sale of any illegal service or item which is prohibited or restricted by any local, state, or federal law;
  • that is known to be faulty in such a way that could cause injury or other damage to anyone accessing and using an item made available via the Service;


  • In addition you agree not to:

  • use automated means to download data from the Service or other Members of the Service;
  • Use automated means to attempt to gain access Member accounts;
  • Use automated means to add items to the service;
  • post any malicious software code such as viruses and trojans designed to interrupt, destroy, or limit the functionality of any computer software or hardware or other electronic or telecommunications equipment;
  • attempt to gain access to any of GoodSharing's systems via manual or automated methods, including in such a way as to deliberately impair the functionality of the Service or the GoodSharing website.

GOODSHARING WILL ROUTINELY INSPECT CONTENT PLACED ON THE WEBSITE. GOODSHARING RESERVES THE RIGHT TO REMOVE, WITHOUT NOTICE OR REASON, ANY ITEM, TEXT, PHOTO, OR OTHER MATERIAL THAT IS FOUND TO BE INCONSISTENT WITH THIS CODE OF CONDUCT. GOODSHARING ALSO RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE OR REASON TERMINATE SERVICE TO ANY MEMBER WHO INFRINGES THIS CODE OF CONDUCT.

Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify GoodSharing of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of GoodSharing.

Modifications and Interruption to Service
GoodSharing reserves the right to modify or discontinue the Service with or without notice to the Member. GoodSharing shall not be liable to Member or any third party should GoodSharing exercise its right to modify or discontinue the Service. Member acknowledges and accepts that GoodSharing does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While GoodSharing makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

GoodSharing makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2007 GoodSharing Incorporated, with all rights reserved, or is the property of GoodSharing Incorporated and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GoodSharing Incorporated is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of GoodSharing Incorporated.

GoodSharing™, one degree of separation™, ShareCircle™, ShareCircles™, ShareBuddy™, ShareBuddies™, ShareItem™, ShareItems™, and GoodSharing.com™ are proprietary marks of GoodSharing Incorporated. GoodSharing's trademarks may not be used in connection with any product or service that is not provided by GoodSharing Incorporated, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoodSharing Incorporated.

All other trademarks displayed on GoodSharing's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GoodSharing Incorporated.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, GoodSharing Incorporated designates the following as its agent for receipt of notifications of claimed copyright infringement.

By mail to the Agent of Record:
My Corporation Business Service Inc.
Attn: GoodSharing Inc.
26520 Agoura Road
Calabasas, CA 91302


Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by GoodSharing Incorporated, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Acceptance of Term and Conditions
I have read and understand the terms and conditions set forth above. I agree to abide by the terms and conditions of the GoodSharing Terms of Use and I understand that if I fail to abide by these terms GoodSharing Incorporated may, in its sole and absolute discretion, take certain actions to address the situation, including the termination of my membership.

© Copyright 2007, GoodSharing Inc. All Rights Reserved.