When
using Shoosha, you agree to the following terms and conditions
(the "Legal Notice"). You can always check out the most
current version of this notice at this page. In addition, when
using particular Shoosha services, you shall be subject
to any posted guidelines applicable to such services, including
the any applicable sweepstakes rules and any terms or conditions
applicable to Shoosha services provided in conjunction with any
of Shoosha's content and service partners. All such rules and
guidelines are hereby incorporated by reference into the Legal
Notice. If you do not agree to this notice please do not use the
site and do not register to be a member of Shoosha Mail or any
other service that requires registeration. We reserve the right,
at our discretion, to change, modify, add, or remove portions
of this legal notice at any time. Please check this notice periodically
for changes. Your continued use of the Shoosha site following
the posting of changes to these terms will mean you accept those
changes.
By using Shoosha, you agree to be legally bound and to abide by
the Legal Notice, just as if you had signed this Agreement. If
you do not comply with the Legal Notice at any time, Shoosha reserves
the right to terminate your access
to any Shoosha service. Shoosha may discontinue or alter any aspect
of the use of Shoosha, including, but not limited to, (i) restricting
the time the Shoosha "product" is available, (ii) restricting
the amount of use permitted, and (iii) restricting or terminating
any user's right to use the Shoosha web site, at Shoosha's sole
discretion and without prior notice or liability. You are responsible
for all charges associated with connecting to Shoosha through
an available access number. You are also responsible for obtaining
or providing all access lines, telephone and computer equipment
(including modem), or other device, necessary to access the Shoosha
web site. You further certify that you are an individual.
1
- General: You acknowledge that Shoosha contains information,
software, photos, video, text, graphics, music, sounds or other
material (collectively, "Content") that are protected
by copyrights, patents, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all
forms, media and technologies existing now or here after developed.
All Content is copyrighted as a collective work under the U.S.
copyright laws, and Shoosha owns a copyright in the selection,
coordination, arrangement and enhancement of such Content. The
Shoosha name and logo are
exclusively licensed to the Shoosha LLC. All other trademarks
appearing on Shoosha are trademarks of their respective owners.
Shoosha's partners may also have additional proprietary rights
in the content which they make available through Shoosha. You
may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any
of the Content, in whole or in part, except that you may download
one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials
or use of the materials for any other purpose, including use
of any such material on any other web site or networked computer
environment is strictly prohibited. In the event you download
software provided
by Shoosha, the software, including any files, images incorporated
in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you
by Shoosha. Shoosha does not transfer title
to the Software to you. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the Software
to a human-readable form.
2 - Registration: If you elect to register
to use Shoosha and/or participate in any sweepstakes, contest,
or other services offered by Shoosha you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Shoosha Service's registration form (such
information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it
accurate. If you provide any information that is untrue, inaccurate,
or incomplete,
or Shoosha has reasonable grounds to suspect that such is the
case, Shoosha has the right to suspend or terminate your account
and refuse any and all current or future use of Shoosha services
(or any portion thereof, inlcuding the site itself).
By posting or submitting content to this site, you grant Shoosha
and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed,
and promote the content in any form, anywhere and for any purpose;
and warrant and represent that you own or otherwise control
all of the rights to the content and that public
posting and use of your content by Shoosha will not infringe
or violate the rights of any third party.
3
- Submissions: If you send us creative suggestions,
ideas, notes, drawings, or other information (collectively,
the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of Shoosha. None of the Submissions
shall be subject to any obligation of confidence on the part
of Shoosha, and Shoosha shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, Shoosha
shall exclusively own all now known or hereafter existing rights
to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions.
4 - Links: Shoosha provides, or third parties
may provide, links to other World Wide Web sites or resources.
Because Shoosha has no control over such sites and resources,
you acknowledge and agree that Shoosha is not responsible for
the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Shoosha shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods
or services available on or through any
such site or resource.
5 - DISCLAIMER: Shoosha uses diligent efforts
to maintain it's Service, but Shoosha is not responsible for
any defects or failures associated with the Shoosha webiste
and services, or any damages (such as lost profits or other
consequential damages) that may result from any such defects
or failures. In addition, Shoosha makes no guarantees as to
the sites
and information located worldwide throughout the Internet to
which you may access as a result of the use of the Shoosha Web Site,
including as to: (i) the accuracy, currency, content, or quality
of any such sites and information, or (ii) whether any search
using Shoosha Web Search may locate unintended and objectionable
content.
SHOOSHA IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK
SHOOSHA EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT
LIMITATION, SHOOSHA MAKES NO WARRANTY THAT THE SHOOSHA SERVICE
WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM
THE USE OF THE SHOOSHA SERVICE WILL BE ACCURATE OR RELIABLE,
OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED THROUGH SHOOSHA WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHOOSHA
IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER,
PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM
SHOOSHA
PERSONNEL OR THROUGH SHOOSHA SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVICED FOR IN
THESE TERMS OF SERVICE.
6 - Financial Info: Shoosha allows you to obtain
information on companies, stock prices, bonds, and other investments
or financial matters. Shoosha's content, including all such
financial information, is provided for informational purposes
only, and no information you may obtain is intended by Shoosha
to be used for trading or investing purposes. Shoosha shall
not be responsible for the accuracy, usefulness or availability
of any information transmitted via the Shoosha web site, and
shall not be liable for any trading or investment decisions
made based on such information.
7 - Disclaimer regarding Shoosha Shopping:
Shoosha provides shopping services to help you locate and potentially
purchase products from online and offline retailers. Shoosha
does not, however, control these independent retailers and does
not provide any assurance, warranty or guarantee of any kind
that you will be satisfied with their products or services.
When shopping at the Shoosha you acknowledge and agree that:
Shoosha does not endorse any of the products or services ("Merchandise")
linked to from or through the Shoosha web site, nor has Shoosha
taken any steps to confirm the accuracy or reliability of any
of the information provided by third parties through Shoosha
or their own web sites. Shoosha expressly disclaims any and
all representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party. We advise you to exercise your own judgment and
investigate as you deem necessary before proceeding with any
online or offline transaction with any of these third parties.
8 - Limitaion of Liability: YOU EXPRESSLY UNDERSTAND
AND AGREE THAT SHOOSHA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOOSHA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE ANY SHOOSHA SERVICE
AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SHOOSHA; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
SHOOSHA ; OR (v) ANY OTHER MATTER RELATING TO A SHOOSHA SERVICE.
9 - Indemnification: YOU ARE ENTIRELY RESPONSIBLE
FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD SHOOSHA LLC
HARMLESS, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM
ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM
YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE
OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR
ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY
PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SHOOSHA OF
ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF
SECURITY KNOWN TO YOU.
10 - Termination and Modification: You agree
that Shoosha, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Shoosha Service,
and remove and discard any Content within Shoosha, for any reason,
including, without limitation, for lack of use or if Shoosha
believes that you have violated or acted inconsistently with
the letter or spirit of the Legal Notice. Shoosha may also in
its sole discretion and at any time discontinue providing the
"Shoosha Service", or any part thereof, with or without
notice. You agree that any termination of your access to any
Shoosha Service under any provision of this Legal Notice may
be effected without prior notice, and acknowledge and agree
that Shoosha may immediately deactivate or delete your account
and all related information and files in your account and/or
bar any further access to such files or the Shoosha Service.
Further, you agree that Shoosha shall not be liable to you or
any third-party for any termination of your access to said services.
11 - Miscellaneous: These terms shall be governed
by and construed in accordance with the laws of the State of
Maryland, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the
state or federal courts located in Montgomery County in the
State of Maryland and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any
such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This
is the entire agreement between you and Shoosha relating to
the subject matter herein and shall not be modified by you except
in writing, signed by both parties. The Legal Notice will inure
to the benefit of Shoosha's successors, assigns and licensees.
Shoosha's
Privacy Policy: Pursuant to Shoosha's privacy policy,
we may disclose to third parties certain information contained
in your Registration Data or related data unless you choose
to opt out from such disclosures or in the good faith belief
that such action is reasonably necessary to comply with the
law, legal process, or to enforce the Terms of Service. For
more information, please see our full Privacy
Policy.
|