End user agreement for Shelfster Desktop Tool
By using the Shelfster community that WebSprint operates on its site www.shelfster.com, you agree to be bound by these Terms of Service, whether or not you register as a member of the Shelfster Community. The Shelfster "Services" consist of the Community and the Site.
If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership. Shelfster reserves the right to modify the Agreement from time to time. Shelfster will post any modified version of the Agreement on the Site and your continued use of the Services after such a modified version of the Agreement has been posted constitutes your acceptance to such modified version.
If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, please do not use the Services.
When you sign up to become a Member and create a Shelfster Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile.
This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time (you have to contact us for that). Shelfster may terminate your access to the Sites. Shelfster may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to Shelfster. If Shelfster terminates your membership in the Community because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees, if any.
4.PROPRIETARY RIGHTS IN THE SERVICE.
Shelfster owns and retains all proprietary rights in the Services. The Services may contain copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Shelfster, and its licensors, including other Shelfster Members. Except for Intellectual Property Rights which are being public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein.
5.CONTENT POSTED ON THE SERVICES.
You understand and agree that Shelfster may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Shelfster violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Shelfster an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). Shelfster reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
You further agree to NOT:
(a) use our products or the Service for illegal purposes or for promotion of dangerous activities;
(b) impersonate any person or entity, including, but not limited to, an Shelfster staff member, or falsely state or otherwise misrepresent your affiliation with Shelfster or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(j) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(i) “stalk” or otherwise harass another person or company, or take any action invasive to another's privacy (by posting, for example, another's photograph, address, email, phone number or any other contact information) without permission from such other person;
(j) collect or store personal data about other users for commercial purposes;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble explosive device or other weapons or incendiary devices;
(l) use the Service as a forwarding means to another website;
(m) allow usage by others in such a way as to violate these Terms of Service;
(n) engage in commercial activities within the Service or on behalf of Shelfster without prior approval, including but not limited to the following activities:
(i) displaying a banner that is designed to profit you or any other business or organization; or
(ii) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;
(o) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service;
(p) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
(q) access (or attempt to access) any of the Service by any means other than through the interface that is provided by Shelfster (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
(r) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement); and
(s) for public Items, you further agree NOT to upload or display content that:
(i) contains nudity, sexually graphic material, or material that is otherwise deemed explicit by Shelfster; or
(ii) contains threatening, abusive, harassing, defamatory, libelous, invasive, hateful, or racially, ethnically or otherwise objectionable.
You understand that, notwithstanding our efforts and these Terms of Service, you may be exposed to offensive, indecent or objectionable Content when using the Service. There are commercially available services and software to limit access to material that you may find objectionable. We may, but shall have no obligation, to provide such services and software, or enable such services or software to work with the Service.
As indicated above, you retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. Shelfster acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that Shelfster has no obligation to do so on your behalf.
Shelfster hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Shelfster as part of the Service as provided to you by Shelfster, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
7.YOUR MEMBER PROFILE
Any Content used for or materials posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us such information (firstname.lastname@example.org)
Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Shelfster will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Shelfster is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
10.THIRD PARTY CONTENT
Content from other Members, advertisers, and other third parties may be made available to you through the Services.(a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
To the extent permitted under applicable laws, you hereby release Shelfster from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Site and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Site user or Member communications.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SHELFSTER EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND SHELFSTER DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. SHELFSTER DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
13.LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SHELFSTER SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SHELFSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW
Any claim relating to Shelfster shall be governed by International laws without regard to its conflict of law provisions.
15. ELECTRONIC COMMUNICATIONS
The communications between you and Shelfster use electronic means, whether you visit the Site or send us emails, or whether Shelfster posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Shelfster in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shelfster provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
You agree to hold Shelfster, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement contains the entire agreement between you and Shelfster regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Shelfster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
Copyright 2009-2010, Shelfster. All rights reserved. The trademarks, logos and service marks displayed on the Services might be our property or the property of other third parties. You are not permitted to use any of these Marks without prior written consent of such third party which owns the respective Mark.