Terms and Conditions of Use
Last updated: January 2, 2017
Welcome to Shary.org, a members-only e-commerce site that provides a platform for its members to post goods to give away for free, and where members can contact posting members to arrange for pick-up or delivery of said goods. A Shary member is an individual or business who pays a membership fee to Shary for access to and the right to use and post to the Shary Website.
This is a legal agreement between you, as a member and/or user of the Shary Website, anyone who visits the Shary Website or who directly avails himself or herself of Shary’s products or services (“User,” “you” and “your”), and Linking Forward, Inc. d/b/a Shary (“Shary”, “we”, “us” or “our”) governing the use of all internet-based properties owned and operated by Shary, including but not limited to its mobile and web applications, and website and services located at https://www.shary.org (the “Shary Website”).
- By registering for a Shary User account accessing or using the Shary Website, you acknowledge that you have read, understand, and agree to be bound by the following Terms and Conditions of Use, as they may be modified from time to time (collectively, the “Terms”). If at any time you don’t agree to these Terms, immediately discontinue your use of the Shary Website and any pending transactions with Shary Users.
- NO USERS UNDER AGE 13: Our service is not for persons under the age of 13. If you are under 13 years old, then please do not use the Shary Website. If you are over 13, but under the age of consent where you live, then you must get the consent of your parents prior to using the Shary Website and, if you do use the Shary Website, you represent to us that you have done so.
- Modification of the Terms. Because the Shary Website changes from time to time, Shary reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check the Terms periodically for changes. Your continued use of the Shary Website after the posting of changes will constitute your acceptance of such changes. While non-material changes to these Terms are effective immediately, any material changes to these Terms will automatically be effective thirty (30) days after they are initially posted on the Shary Website.
- Access to Your Account. You must register for a Shary User account and pay periodic membership fees to Shary in order to access your account. By using the Shary Website, you acknowledge that you are responsible for maintaining the confidentiality of your account login and password for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Shary is not responsible for third party access to your account that results from theft or misappropriation of your account.
- Fees. The fees we charge for Shary memberships are listed on Membership Fees page. (https://www.shary.org/membership-account/membership-levels/) We may change our membership fees from time to time by posting the changes on the Shary Website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If your payment method fails or your account is past due, we may terminate your Shary membership and access to the Shary Website.
Your membership subscription, both monthly or yearly, extends automatically.
- Cancellation Policy & Refunds. If you choose to cancel your membership subscription, you can do so by clicking Membership Cancel under MY SHOP section.
Any amounts paid prior to your cancellation will not be refunded or credited toward future memberships.
Membership fees are non-refundable.
- Electronic Communications. Visiting the Shary Website or sending emails to Shary or its Users constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Shary Website, satisfy any legal requirement that such communications be in writing.
- Ownership of Shary Materials. The Content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Shary Website that are provided by us (“Shary Materials”) are protected by copyright, trade dress, patent and trademark laws, international conventions, all other relevant intellectual property and proprietary rights, and applicable laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the Shary Website strictly in accordance with these Terms.Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Shary Website or Shary Materials. You shall not acquire any right, title or interest to the Shary Website, Shary Materials, Shary’s or its licensors’ intellectual property, or any User-submitted Content, except for the limited rights set forth in these Terms or any express license from us or our licensors. You may not use our marks, logos, designs and phrases without Shary’s express prior written permission.
- Materials Provided to Shary or Posted on the Shary Website. Shary does not claim ownership of any text, images, videos, feedback, suggestions, and other materials Users provide to Shary or post, upload, input or submit on the Shary Website, to their individual User profiles, or through the Communication Services or our other associated services (“Content”). However, by posting, uploading, inputting, providing or submitting Content, you are granting Shary, its affiliates, successors and assigns (and Third Party service providers, where applicable) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use your Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; and to publish your User name in connection with your Content. To the fullest extent permitted under applicable law, you waive your right to enforce against Shary, our assignees, our sublicensees, and their assignees your intellectual property rights in that Content in connection with our, those assignees’, and those sublicensees’ use of that Content. No compensation will be paid with respect to the use of your Content. Shary is under no obligation to post or use any Content you may provide and may remove any Content at any time in Shary’s sole discretion. By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.
- Use of Shary Communication Services. The Shary Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. You specifically agree not to use the Communication Services for any Prohibited Uses, as described below.
Shary has no obligation to monitor the Communication Services. However, Shary reserves the right to review materials posted or a Communication Service and to remove any materials in its sole discretion. Shary revered the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
- Use of the Shary Website by Users Offering Goods. When listing an item, you agree to comply with Shary’s rules for listing and best practices (https://www.shary.org/dos-and-donts/). You further agree that:You are responsible for the accuracy and Content of the listing and item offered. You will not post, list or upload Content that contains false, inaccurate, misleading, deceptive or defamatory Content, or post items in inappropriate categories.
- You will not upload items that are recalled.
- You will not advertise or offer to sell or buy any goods or services for any business purpose.
- You will not use our services if you are not able to form legally binding contracts (for example, if you are under age 18), or are temporarily or permanently suspended from using the Shary Website or our services.
- Your listing may not be immediately searchable by keyword or category for several hours. We cannot guarantee exact listing durations, or the existence or placement of listings in our search results.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- You will not fail to deliver items offered by you, unless you have a valid reason for doing so, for example, the accepting User fails to comply with the posted terms in your listing or you cannot contact the acceptor.
- ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. EXERCISE CAUTION AND IMPLEMENT SAFETY MEASURES WHEN MEETING PEOPLE YOU DO NOT KNOW. Please visit our guidelines for security best practices.
- Use of the Shary Website by Users Accepting Goods. When accepting or picking up an item from another User, you agree to Shary’s rules for acceptance of listings and best practices.
You further agree that:
- You are responsible for reading the full item listing before accepting the item.
- Depending on circumstances, you may be entering into a legally binding commitment to receive the item if your offer is accepted.
- We do not transfer legal ownership of items from the offeror to the acceptor.
- You will not fail to pick-up or arrange for shipping or delivery of items accepted by you, unless you have a valid reason, for example, the offeror has materially changed the items description or the terms of acceptance after you bid, or you cannot contact the offeror.
- ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. EXERCISE CAUTION AND IMPLEMENT SAFETY MEASURES WHEN MEETING PEOPLE YOU DO NOT KNOW. Please visit our guidelines for security best practices.
- Availability of Website or Content. Shary and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or discontinue any Content or Shary Materials in whole or in part at any time for any reason or no reason, with or without notice, and without liability of any kind. The Content or Shary Materials on the Shary Website may be out of date, and Shary makes no commitment to update these items. Shary may also in its sole discretion and at any time discontinue providing access to the Shary Website, or any part thereof, with or without notice.
- Prohibited Uses.
- As a condition of your use of the Shary Website, you will not use the Shary Website or the Communication Services for any purpose that is unlawful or prohibited by these Terms or any site rules. You will not use the Shary Website to sell or transfer prohibited items.
- You agree not to manipulate items or listings in a way that interferes with other Users’ listings. You further agree not to take any action that may undermine the Shary Website’s feedback or ratings system.
- You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any part of the Shary Website or Content obtained through the Shary Website in any medium, for any purpose other than as the Shary Website is offered by Shary, without Shary’s prior written permission.
- You agree not to defame, harass, abuse, threaten, stalk, defraud or otherwise violate the legal rights (such as rights to privacy and publicity) of Users of the Shary Website, or collect, or attempt to collect, personal information about Users or third parties without their consent. You will not publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information. You agree not to use the Communication Services or Users’ contact information to conduct or forward surveys, contests, pyramid schemes or chain letters.
- You agree not to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; to download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; or to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- You agree not to intentionally interfere with, restrict, damage, impair, or disable the operation of the Shary Website, the Communication Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, malware, spyware, adware, corrupted files, or other malicious code.
- You agree not to remove, circumvent, disable, damage, or otherwise interfere with any technical or security-related features of the Shary Website, features that prevent or restrict the use or copying of any Content accessible through the Shary Website, or features that enforce limitations on the use of the Shary Website. You agree not to interfere with the working of the Shary Website, including by imposing an unreasonable or disproportionately large load on our infrastructure. You agree not to breach or circumvent any or our policies or determinations of your account status.
- You agree not to attempt to gain unauthorized access to the Shary Website or any part of it, or other Users’ accounts, computer systems, or networks connected to the Shary Website, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Shary Website, the Communication Services, or any other activities conducted on or through the Shary Website.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Shary Website. You agree neither to modify the Shary Website in any manner or form, nor to use modified versions of the Shary Website, including (without limitation) for the purpose of obtaining unauthorized access to the Shary Website.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Shary Website for any purpose without our express written permission, or to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Shary Website. You agree not to deep-link to the Shary Website and will promptly remove any links that Shary finds objectionable in its sole discretion.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other Shary Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Shary’ name or trademarks without our express written consent.
- You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Shary Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to alter, modify, adapt, translate or create unauthorized derivative works based upon the Shary Website or any part thereof, other than as may be reasonably necessary to use the Shary Website for its intended purposes, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Limited Disclosure of Information. You acknowledge, consent and agree that Shary may access, preserve and disclose your account information, if any, other information relating to you, and information you provide to Shary, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with any requirement of law, regulation, legal process, or enforceable governmental request; (b) enforce or investigate a potential violation of these Terms; (c) detect, prevent or otherwise respond to fraud, security or technical concerns; (d) protect the rights, property or safety of Shary, its Users, or the public against harm, or (e) respond to your requests for customer service.
Shary has no control over such Third Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Third Party Sites linked to by the Shary Website. Shary provides links to you only as a convenience, and the inclusion of any link on the Shary Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Shary Website, our Terms and policies no longer govern. You should review applicable the terms and policies, including the privacy and data gathering practices, of any Third Party Sites.
- Interactions and Disagreements Between Users. Shary is a members-only platform that allows Users to offer, accept and exchange goods without compensation, in a variety of formats and locations. The actual contract for exchange of goods is directly between the User offering the goods and the User accepting the goods. Your interactions with other Users, including offer 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 User. You are solely responsible for your involvement with other Users.
- On behalf of Shary. You agree that Shary, in its sole discretion and for any or no reason, may terminate any User or User account (or any part thereof) you may have at the Shary Website or your use of the Shary Website, and discard all or any part of your account or any of information you provide to Shary, at any time, with or without notice, without liability to you or any third-party for any such termination. We do not permit infringing activities on the Shary Website, and we reserve the right to terminate access to the Shary Website, and remove all Content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Shary may have at law or in equity.
- On behalf of User. If you are dissatisfied with the Shary Website, please let us know at email@example.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (I) the Shary Website, (II) any term of these Terms, (III) any policy or practice of Shary in operating the Shary Website, or (IV) any Content or information transmitted through the Shary Website, is to terminate your use of the Shary Website and your account, if any. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Shary Website, and providing Shary notice of termination at firstname.lastname@example.org.
- International Users. The Shary Website is controlled and offered by Shary from its facilities in the United States of America. Shary makes no representations that the Shary Website is appropriate or available for use in other locations. Access to the Shary Materials and the Shary Website from territories where access or use thereof is illegal is strictly prohibited. Shary Website Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and privacy.
- Indemnification; Hold Harmless. You agree to indemnify and hold harmless Shary and its subsidiaries, affiliates, and any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of the foregoing, from any and all claims, losses, obligations, damages, liabilities, costs, debts and expenses (including attorneys’ fees) arising out of: (I) your use or misuse of the Shary Website; (II) your violation of these Terms; (III) your violation of the rights of any other person or entity; and (IV) your breach or alleged breach of any representations, warranties, and covenants herein. Shary reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Shary is a named party without Shary’s prior written consent. Shary will use reasonable efforts to notify you of any such claim, action, or proceeding upon receiving notice of it.
- Disclaimers; No Warranties.
- “As is”, “As available”, and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE SHARY WEBSITE IS AT YOUR SOLE RISK. THE SHARY WEBSITE AND ANY MEDIA, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SHARY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHARY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SHARY WEBSITE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Content Disclaimer. You understand that when using the Shary Website, you will be exposed to Content from a variety of sources, including User-submitted Consent, and that Shary is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shary with respect thereto. Shary does not endorse any Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Shary be liable in any way for or in connection with any Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Content, any intellectual property infringement with regard to 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 displayed or transmitted via the Shary Website.
- Not Responsible for Interactions Between Users.
- While we may provide listing, shipping and other guidance on the Shary Website and through linked Third Party Sites, such guidance is solely for your information. You may decide to follow it or not.
- Shary does not control or endorse the Content, messages or information found in any Communication Service and, therefore, Shary specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Manager and hosts are not authorized Shary spokespersons, and their views do not necessarily reflect those of Shary.
- If there is a dispute between you and any User or other third party, Shary is under no obligation to become involved. We may help facilitate the resolution of disputes, but Shary does not have control over and does not guarantee the existence, quality, safety or legality of items offered or advertised, the truth or accuracy of Users’ Content or listings, the ability of offerors to give away items, the ability of acceptors to arrange for pick-up or delivery of items, or that an offeror and acceptor will actually complete a transaction or return an item.
- No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHARY AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. No advice or information, whether oral or written, obtained by you from Shary or the Shary Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in the sections titled “Disclaimers; No Warranties” and “Limitations of Liability, Damages and Claims”, the term Shary includes Shary’s partners, officers, directors, employees, shareholders, agents, service providers, suppliers, licensors, affiliates and subcontractors.
- Limitations of Liability, Damages and Claims
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL SHARY OR ITS OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD PARTY PARTNERS, OR SUPPLIERS (“SHARY RELEASEES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE, OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SHARY WEBSITE, THE CONTENT THEREON, OR OTHER INTERACTIONS WITH SHARY OR ANY THIRD PARTY SITES, EVEN IF SHARY OR A SHARY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO RELEASE THE SHARY RELEASEES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH INTERACTIONS OR DISPUTES YOU HAVE WITH ONE OR MORE OTHER USERS. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you are not a California resident, you waive any applicable state statutes of a similar effect.
- Limitation of Damages.
IN NO EVENT SHALL SHARY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SHARY WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID SHARY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
- Limitation of Claims.
- YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHARY WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Class Action Waiver. Any dispute resolution under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU AGREE THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINSTSHARY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION. Further, your claims against Shary may not be consolidated with another person’s claims without Shary’s consent. YOU WILL ONLY BE PERMITTED TO SEEK RELEIF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- Limitations by Applicable Law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The
11limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the applicable jurisdictions.
- 23.DMCA Copyright Policy
- Shary has adopted the following policy toward copyright infringement on the Website in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf (the “DMCA”)). The address of Shary’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.
- Reporting Instances of Copyright Infringement: If you believe that Content residing or accessible on or through the Shary Website infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Shary is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, Shary willimmediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Shary reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated DMCA notifications.
- Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Shary by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that Shary has removed or to which Shary has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the Federal District Court, District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your physical or electronic signature.
Upon receipt of a valid counter-notification, Shary will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Shary does not receive any such notification within ten (10) days, we may restore the material to the Website.
- Shary’s Designated Agent:
Shary / Linking Forward, Inc.
Attn: Copyright Agent [Mailing Address]
- Miscellaneous Provisions.
- Notice. Shary may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Shary Website. Notice will be deemed given twenty-four (24) hours after the email is sent, unless Shary is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Shary Website. In such case, notice will be deemed given three (3) days after the date of mailing.
- Governing Law.You agree that (i) the Shary Website and any services provided by the Shary Website shall be deemed solely based in New York; and (ii) the Shary Website shall be deemed a passive website that does not give rise to personal jurisdiction over Shary, either specific or general, in jurisdictions other than New York. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Shary to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shary without restriction. Any assignment attempted to be made in violation of this Terms shall be void.
- No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shary as a result of these Terms or your use of the Shary Website. You further acknowledge that by submitting information to Shary, no confidential, fiduciary, contractually implied or other relationship is created between you and Shary other than pursuant to these Terms.
- Survival Sections 8 (Ownership of Shary Materials), 9 (Materials Provided to Shary or Posted on the Shary Website), 14 (Prohbitied Uses), 15 (Limited Disclosure of Information), 16 (Links and Third Party Content), 17 (Interactions Between Users), 20 (Indemnification, Hold Harmless), 21 (Disclaimers; No Warranties); 22 (Limitations of Liability, Damages and Claims), and 24 (Miscellaneous Provisions) will survive any termination of these Terms.
- Headings The heading references herein are for convenience only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and Shary relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing signed by both parties or by a change to these Terms made by Shary as set forth in these Terms.
- Disclosures. The Shary Website is offered by Linking Forward, Inc., d/b/a Shary, located at [Mailing Address], email: email@example.com.