Welcome to ShoSar! You must read and agree to these terms and conditions
before you may access or view our sites. Please read them carefully.
By visiting the ShoSar website, you are agreeing to its terms. This
Agreement is subject to change at any time, and changes are effective
upon posting. Bookmark this page and check it frequently as it is up
to you to refer to this page for any amendments/changes to the original
Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of or use this
site. Membership in the service is void where prohibited. By using and/or
viewing this site, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by
all of its terms and conditions and that you are at least 18-years old.
(21-years old in AL, MS, NE, WY, and any other location where 18 is
not the age of majority).
2. Fees/Termination:
ShoSar's usage and/or subscription fees were provided to you upon registration
and may change from time to time upon electronic notice to you. reserves
the right to terminate your access to the site for any reason or no
reason. may terminate your membership 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 us. Even after
this Agreement is terminated, certain provisions will remain in effect
including sections 1, 3, 14, inclusive, of this Agreement.
3. Non-Commercial Use by Members/Viewers:
This ShoSar site is for the personal use of individual members and viewers
only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become members of
this site and shall not use the ShoSar service or site for any purpose
including but not limited to: sending unsolicited commercial e-mail
to members, sending advertisements for other web sites and services
in this site's chat rooms, or using member personal identifying information
for commercial purposes. Illegal and/or unauthorized uses of the site,
including unauthorized framing of or linking to the site or the sending
of unsolicited commercial email will be investigated, and appropriate
legal action will be taken, including without limitation, civil, criminal,
and injunctive redress and/or termination of membership at ShoSar's
sole discretion. In order to prevent the sending of unsolicited commercial
email or chat messages to its members, may take reasonable steps, including
the limiting of the numbers of emails or chat messages sent or received
by a member and electronically filtering or throttling or terminating
e-mail and chat messages at 's sole discretion.
4. Proprietary Rights of Content
on ShoSar:
ShoSar owns and retains other proprietary rights in the ShoSar site
and the ShoSar's service. The site contains the copyrighted material,
trademarks, and other proprietary information of , and its licensors.
Except for that information which is in the public domain or for which
you have been given permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) claims immunity from liability to the fullest extent under the law
and as provided under the Communications Decency Act for Content provided
by third parties and members and nothing in this Agreement is intended
to waive, remove, or usurp such immunity. You understand and agree that
we may delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment violates the Terms of
Use or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the ShoSar, or transmit to other
members.
C) By posting content to any public area of ShoSar, you automatically
grant, and you represent and warrant that you have the right to grant,
to and its members, an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display, and distribute such
information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information
and content, and to grant and authorize sublicenses of the foregoing.
As a visitor to ShoSar, if you provide with your email address via a
registration process or post it on ShoSar, you thereby authorize and
its affiliates and any entities that becomes involved with or merges
with, the right to use your valid email address for any marketing programs
or communications with you.
D) will investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
removing the offending communication from the site or service and terminating
the membership of such violators. The following is a partial list of
the kind of content that is illegal or prohibited on the site - it includes
content that: is patently offensive to the online community, such as
content that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual; harasses or advocates harassment
of another person or invades their privacy; involves the transmission
of "junk mail", "chain letters," or unsolicited
commercial e-mail or "spamming"; promotes information that
you know is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous; promotes
an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files; contains
restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page); displays pornographic
or sexually explicit material of any kind; provides material that exploits
people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; provides content that show,
violence, necrophilia, impersonating another member, threat of suicide
or harm to oneself or others, drug paraphernalia, or beastiality; provides
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses; solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; sending
advertisements in chat or instant messaging messages; and engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the ShoSar service in a manner consistent with any and
all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to bypass
or to interfere or attempt to interfere with the proper working of the
ShoSar Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis
and is proprietary or is licensed to by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members
to buy or sell any products or services through the service. You will
not transmit any chain letters or junk email to other ShoSar members.
Although cannot monitor the conduct of its members off the ShoSar site,
it is also a violation of these rules to use any information obtained
from the service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any member
without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
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 or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been
copied and posted on the ShoSar service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information consistent with the Digital Millennium Copyright Act (DMCA):
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of
where the material that you claim is infringing is located on the our
site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written statement by you that
you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. 's Copyright Agent for Notice of claims
of copyright infringement can be reached as follows:
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I.P. General Counsel, ,
1400 Marketplace, suite 217
Cumming GA 30041
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It is the intention of to fully comply with the DMCA, including the
Notice and "take down" provisions and to benefit from the
safe harbors immunizing it from liability to the fullest extent provided
by law, and to the extent the Notice and "take down" requirements
above deviate from the requirements under the DMCA then the Notice requirements
as provided by the DMCA shall control and are herein incorporated by
reference.
7. Member Disputes:
does not control the information provided by other users that are made
available through our system. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and safety when using our site. You are solely responsible
for your interactions with other ShoSar members. Because it is not involved
in member interactions, in the event that you have a dispute with one
or more members or those who have posted, viewed, or used information
on the ShoSar site, you release , including its officers, directors,
agents, subsidiaries and employees, from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code § 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." reserves the right, but has no obligation, to monitor
disputes between you and other members.
8. Privacy:
Use of the ShoSar site and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic notice to
you.
9. Disclaimers:
, including its officers, directors, agents, subsidiaries and employees
is not responsible for any incorrect or inaccurate content posted on
the site or in connection with the ShoSar service, whether caused by
users, members or by any of the equipment or programming associated
with or utilized in the service, nor for the conduct of any user and/or
member of the ShoSar service whether online or offline. assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user and/or member communications.
is not responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet or at any
website or combination thereof, including injury or damage to users
and/or members or to any other person's computer related to or resulting
from participating or downloading materials in connection with the ShoSar
site and/or in connection with the ShoSar service. Under no circumstances
, be responsible for any loss or damage resulting from anyone's use
of the site or the service and/or any content posted on the ShoSar site
or transmitted to ShoSar Members. The site and the service are provided
"AS-IS" and expressly disclaims any warranty of fitness for
a particular purpose or non-infringement. cannot guarantee and does
not promise any specific results from use of the site and/or the ShoSar
service.
Note to WebTV users: Our current site technology
does not support WebTV access for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in
that event liability is disclaimed to the fullest extent permitted by
law), in no event will be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site
or the ShoSar service, even has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein,
's liability to you for any cause whatsoever, and regardless of the
form of the action, will at all times be limited to the amount paid,
if any, by you to ShoSar for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use
and/or your relationship with and/or your use of this site shall be
submitted to binding arbitration according to the rules of the American
Arbitration Association. The parties to the arbitration shall evenly
divide any and all costs of the arbitration. Neither party shall be
entitled to attorney fees. All parties submit to exclusive jurisdiction
in Atlanta, GA. The arbitration shall take place exclusively in Atlanta,
GA before a retired judge and shall be governed by Georgia law without
regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold , 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 service in violation
of this Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by
postal mail to:
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I.P.
1400 Marketplace, suite 217
Cumming GA 30041
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or to the email address you provide to
ShoSar during the registration process. Notice shall be deemed given
24 hours after email is sent, unless the sending party is notified that
the email address is invalid. Alternatively, may give you notice by
certified mail, postage prepaid and return receipt requested, to the
address provided to ShoSar during the registration process. In such
case, notice shall be given 3 days after the date of mailing. You agree
that this Agreement and all incorporated Agreements may be automatically
assigned by , in our sole discretion, to a third party. Headings are
for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. References to shall include
its subsidiaries, affiliates, officers, agents, and other partners and
employees. 's failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or similar
breaches. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect.
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I.P.
1400 Marketplace, suite 217, Cumming,
GA 30009