Sharingpet Buy & Give 1.0.7.1-signed

End-User License Agreement

Sharingpet Buy & Give requires that you accept the following End-User License Agreement before installation can proceed:

Effective date: 05/01/12


Hey, we know this legal stuff can be dry, but it’s important. So please read this End-User License Agreement (“EULA”) carefully. By downloading, accessing, installing, or using The Sharingpet Buy & Give App, or any subsequent version of the tool, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, Do Not Download, install, access, or use The Sharingpet Buy & Give App. This agreement contains disclaimers of warranties and limitations of liability. These provisions form an essential basis of our agreement. You agree to be bound by the terms of this agreement between you and Sharingpet Inc. The term “Software”, as used in this agreement, includes The Sharingpet Buy & Give App “browser extension” any upgrades to the software that may be made from time to time.

License and Intellectual Property

Under this Agreement, we grant you a limited, personal, non-transferable, non-exclusive license, to install and use one copy of the current version of the Software, free of charge without the right to sublicense. Your use of the Software must be for non-commercial purposes and you must be 18 years of age or over. When we say your "use" of the Software, that includes installation, upgrading, and uninstallation of the Software.

As between you and Sharingpet Inc. all title and copyrights in and to The Sharingpet Buy & Give App (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated in The Sharingpet Buy & Give App, but excluding any trademarks or copyrighted images or text owned by third parties, which belong to the respective third parties), the accompanying printed materials, and any copies of The Sharingpet Buy & Give App, are owned by Sharingpet Inc. Except as expressly permitted by this EULA, you may not copy The Sharingpet Buy & Give App or any other materials related to The Sharingpet Buy & Give App.

You agree that limited use of this Software as described in the EULA is granted and not sold to you, and that the Software is owned by us, our affiliates, suppliers or licensors, including all intellectual property rights in the Software including, without limitation, all patents, copyrights, trademarks, trade secrets or other proprietary rights. To the maximum extent permitted by applicable law, you may not modify, translate, reverse engineer, decompile or otherwise disassemble the Software in any way. You may not create derivatives of the Software, and you agree not to attempt, or allow others to attempt, to reverse engineer or modify the Software. Any modifications, enhancements and derivative works of the Software shall remain our sole and exclusive property. You further agree not to access or attempt to access the Software by any means other than the interface we provide to you.

When installed on your computer, the Software periodically communicates with our supplier's servers, as more fully described in the Sharingpet Privacy Policy. We may update The Sharingpet Buy & Give App on your computer when a new version is released or when new features are added or offered. These updates may occur automatically or you may be prompted to accept them. However, we have no obligation to make available to you any subsequent versions or new features of the Software. You agree not to remove or alter our or any third party's trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.

You represent and warrant that you are the owner of the computer onto which you have downloaded and installed the Software, or the owner of the computer has authorized you to do so. You agree not to use the Software to conduct any business or activity or solicit the performance of any illegal activity. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.

DISCLAIMER OF WARRANTY

The Sharingpet Buy & Give App is provided as is without representation or warranty of any kind, express or implied. To the maximum extent permissible by law, Sharingpet disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of title, merchantability and fitness for a particular purpose and non-infringement. Sharingpet does not represent or warrant any specific performance or results from the use of The Sharingpet Buy & Give App, that the Tool content is accurate, complete, current, reliable, error-free, free of viruses or other harmful elements.

All access and use of the software is at your sole risk. You should exercise caution in accessing, viewing, and downloading content and software from the internet and use industry standard security and protection software to guard against online risks. You agree to accept full responsibility for all liability, damages and other harm and losses that may result from you access and use of the software.

Without limiting the above, Sharingpet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or tramsmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications or user content. Sharingpet Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to you or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading content and materials in connection with the web and/or in connection with The Sharingpet Buy & Give App. Under no circumstances will the Sharingpet Inc. be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the Software, Software content, user content, or third-party content posted on or through the software or transmitted to other users, or any interactions between users of the software whether online or offline.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, neither Sharingpet nor its officers, directors, members, managers, employees or agents shall be liable under any theory of law for any direct, special, indirect, incidental, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of use, business interruption, loss of goodwill or other intangibles, loss of profits or loss data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or related in any way to the use of the software, the software content, the user content or the materials contained in or accessible through The Sharingpet Buy & Give App, including without limitation any damages caused by or resulting from the reliance on any software content or other information obtained from the site or accessible through the Software, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Sharingpet’s records, programs or services, even if Sharingpet is aware or has been advised of the possibility of such damages.

Privacy Policy

We respect the privacy of our users and members. Please see our Privacy Policyto learn more about our privacy policy and practices. By accessing or using The Sharingpet Buy & Give App, you consent to the transfer and processing of your personal information in the United States. By registering with Sharingpet, you agree to our use of your personal contact information and email address to contact you regarding your use of The Sharingpet Buy & Give App and its features and services. By accessing or using The Sharingpet Buy & Give App, you acknowledge and agree with our use of all secure, personal, and general information as outlined in our Privacy Policy.

How Does It Work?

When visiting a retailer website, through following a link or by entering the website URL in your web browser, The Sharingpet Buy & Give App recognizes whether the URL is that of a Sharingpet Retailer Partner. Please note that The Sharingpet Buy & Give App is not designed to work with Affiliate Links from other websites that may direct you to a retailer page. The Sharingpet Buy & Give App may also interact with search engines, Affiliate Stores and other web sites to identify Sharingpet Retailer Partners. The Sharingpet Buy & Give App may then redirect you through the affiliate network site and Sharingpet Retailer Partners to the Sharingpet version of the website, at which time, a tracking cookie will be placed in your browser. This cookie allows Sharingpet to be notified of your purchase with the Retailer Partner, and to allow for donation credit to the cause(s) of your choice. You should see The Sharingpet Buy & Give App slide out on the right side of the Sharingpet Retailer Page to notify you that The Sharingpet Buy & Give App is working. The Sharingpet Buy & Give App will then collapse and remain in that state as you go through the your shopping experience.


Upon completing a purchase with a Sharingpet Retailer Partner, you should receive a confirmation email from Sharingpet confirming the purchase and notifying you of your Sharingpet donation. This email will often be sent once your item has shipped, or been picked up in store. In the case of travel, car rental, and hotel sites you may not receive confirmation or credit until you complete you flight, car rental, or hotel stay. As Sharingpet must receive this information from the Retailer Partner, this usually takes 24-48 hours from shipping or pick-up but it may take as long as 90 days to be notified of a purchase.

All Buy & Give Thru Sharingpet donations offered through The Sharingpet Buy & Give App are subject to the Sharingpet Terms of Service and Privacy Policy.

Registration

To use certain features and services of The Sharingpet Buy & Give App, you may need to register and/or log-on or create an account with Facebook Connect and/or, twitter login and/or Sharingpet Direct Log In with a unique user name and password and provide other information ("Registration Information"). When submitting Registration Information, you agree to:

(a). Provide a user name that is personal to you and not a known user name of another person;
(b). Provide current, accurate and complete Registration Information;
(c). Keep your Registration Information current and accurate;
(d). Keep your password to yourself and not share it with anyone else except as may be expressly allowed by us in these terms or any membership or account;
(e). Accept full responsibility for any and all use of your account;
(f). Immediately notify us of any disclosure or use of your user name or password that is not authorized by the EULA and to change your password to stop any such further use;
(g). NOT register for more than one account;
(h). NOT create member accounts by any automated means, which are hereby expressly prohibited;
(i). NOT use an account for any purpose other than the purpose for which it was created and intended to be used by Sharingpet;
(j). NOT use an account for any unlawful purpose; and
(k). NOT use an account for any commercial purpose except as may be expressly permitted by these terms.

Prohibited Actions

You are prohibited from making any changes or asking others to make changes to The Sharingpet Buy & Give App, or using The Sharingpet Buy & Give App together with any third party products or services. Any enhancements, adaptations, alterations or modifications to The Sharingpet Buy & Give App shall remain the exclusive property of Sharingpet, Inc.

You shall not use The Sharingpet Buy & Give App to provide or send information or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violates any applicable law, rules, regulations or Sharingpet policies. You shall not use The Sharingpet Buy & Give App to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.

Sharingpet, Inc. may in its sole discretion and for any reason at any time without notice discontinue your right to access and use The Sharingpet Buy & Give App. Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving The Sharingpet Buy & Give App or this EULA.

You must be at least 18 years of age in order to enter into this EULA for the licensing of The Sharingpet Buy & Give App and install and use of The Sharingpet Buy & Give App. As a condition of your using The Sharingpet Buy & Give App, you represent and warrant that you are at least 18 years old.

Sharingpet, Inc. has no control over third party sites which you may access, including those sites which are linked to our Software. Therefore, Sharingpet, Inc. is not responsible for the content or function of any other site, and disclaims any liability for any aspects of any sites you access via direct access or access through our Site or The Sharingpet Buy & Give App. You may be subject to terms and conditions by such third party sites.

Please note The Sharingpet Buy & Give App is not designed to be used in conjunction with other browser apps or competing affiliate programs. Additional browser apps or extensions may affect the way The Sharingpet Buy & Give App functions, and donations may not be earned while shopping. Therefore if other browser apps or extensions are installed or if the user either willingly or unwillingly uses other affiliate programs and sites, Sharingpet cannot guarantee the user will receive the earn donation credit. Filed earned donation disputes will be submitted by Sharingpet and reviewed by of the retailer and the affiliate program.

Termination

You understand we may, in our sole discretion, modify, discontinue or suspend your right to access the Software at any time. If we do, we may, in our sole discretion, uninstall the Software from your computer or require you to do so. You may terminate this Agreement at any time by uninstalling the Software from your computer and destroying all copies of the Software in your possession or control. The License will terminate automatically if you fail to comply with the limitations and obligations described herein. On termination, you must destroy all whole and partial copies of the Software. Sections 2, 3, 4, 6, 8, 10, 11 and 13 of this Agreement will survive termination.

Uninstalling The Sharingpet Buy & Give App

You can uninstall The Sharingpet Buy & Give App at any time and at your discretion by following the directions provided in our FAQs as may be updated from time to time. Uninstalling The Sharingpet Buy & Give App is your sole responsibility and the information provided is for your convenience only and creates no liability or responsibility of Sharingpet, Inc. if you are unable to uninstall The Sharingpet Buy & Give App by following the provided directions.

It is very important that you use these procedures if you wish to uninstall The Sharingpet Buy & Give App. You agree to accept all risks if you uninstall The Sharingpet Buy & Give App.

For specific instructions on uninstalling The Sharingpet Buy & Give App from Internet Explorer, Firefox for Mac and Chrome, please visit our FAQs.

Please be aware that if a method other than the uninstall procedures described above is used to remove The Sharingpet Buy & Give App (e.g. anti-virus software), inoperable trace files may be left on your computer that continue to be detected by some anti-virus software. If you have used some other method to remove The Sharingpet Buy & Give App, please check the Add/Remove Programs function on your computer. If The Sharingpet Buy & Give App is no longer in your Add/Remove Programs, The Sharingpet Buy & Give App is no longer functioning and has been uninstalled. Even though trace files may remain and could trigger a security warning on your computer, these trace files are not functioning in any way.

If you encounter difficulties removing The Sharingpet Buy & Give App, please contact us at contact: info@Sharingpet.org.

Updates to The Sharingpet Buy & Give App and Modification to EULA

Sharingpet, Inc. may, in its sole discretion, update or upgrade The Sharingpet Buy & Give App at any time without notice. You are responsible for ensuring that you are using the most current version of The Sharingpet Buy & Give App. Sharingpet, Inc. shall have no responsibility or liability for the use of The Sharingpet Buy & Give App other than the most recently available Tool.

Sharingpet, Inc. reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA. Continued use of The Sharingpet Buy & Give App indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must uninstall The Sharingpet Buy & Give App from your computer. Failure to uninstall The Sharingpet Buy & Give App constitutes acceptance of the successor EULA.

Dispute Resolution

You and Sharingpet agree that the sole and exclusive forum and remedy for any and all disputes and claims arising from or relating in any way to these terms of service, the access and use of The Sharingpet Buy & Give App or any site content shall be final and binding arbitration, except:

(a) to the extent that you or Sharingpet asserts a claim for violation of an intellectual property or other proprietary right or a violation of these Terms pertaining to user conduct, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought in a court of competent jurisdiction; and
(b) no disputes or claims relating to any third party transactions arising from or related to the use of the Software must be arbitrated.
Arbitration under this Agreement shall be conducted before a retired judge with "JAMS" (see http:/www.jamsadr.com), under its then-existing Rules and Procedures. The arbitration shall be held in the City of San Francisco, California. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, No arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the software, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you arising from or related in any way to these Terms or the use of the Software be instituted more than one (1) year after the cause of action arose.
You and Sharingpet agree that the prevailing party in any action to resolve a dispute between the parties will be entitled to an award of reasonable attorneys' fees and costs (including consultant and expert witness fees) incurred in the action.

The provisions of this section shall survive the termination of your license to access and use the Software.

Copyright Complaints

If you believe that any content or material on The Sharingpet Buy & Give App infringes any copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA):

Designated Agent for Receiving Notification of Claimed Infringement: Luis Cifuentes, Co-Founder
Full Address of Designated Agent to Whom Notification Should be Sent: 350 Townsend st, ste 315, San Francisco, CA 94107
Telephone Number of Designated Agent: 415-758-8684
Email Address of Designated Agent: luis@Sharingpet.org

To be valid under the DMCA, your notice must be in writing and include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This information is neither intended nor should not be construed as legal advice. For further details on the information required for valid notifications under the DMCA, see 17 U.S.C. 512(c)(3).

Under Federal Law, if you knowingly misrepresent that online content or material is infringing your copyrights, you may be subject to criminal prosecution for perjury and civil penalties including monetary damages, court costs, and attorney’s fees incurred by us, any copyright owner, or any copyright owner’s licensee that is injured as a result of reliance upon your misrepresentation.

This information is provided exclusively for notifying Sharingpet that content or material(s) on The Sharingpet Buy & Give App or transmitted via the Software may be in violation of your copyright(s). Sharingpet does not respond to other inquiries using this process. Please use contact: info@Sharingpet.org for these inquiries.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Sharingpet to terminate (at its sole discretion and without prior notice) users or members who are deemed or suspected by Sharingpet to be repeat infringers. Sharingpet may also at its sole discretion limit access to The Sharingpet Buy & Give App and/or terminate access and use by any user or member who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

General Terms of EULA

These Terms and the resolution of any dispute between you and Sharingpet will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree and Sharingpet agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. If you are located outside the United States, you access and use The Sharingpet Buy & Give App voluntarily and at your own risk and compliance with all local laws pertaining to you. In no event shall Sharingpet or its affiliates be responsible for compliance with your local laws or liable for the failure to so comply. No Sharingpet Buy & Give App content may be downloaded or otherwise exported by a User in violation of any U.S. export control law, regulation or restriction. The application of the United Nations Convention on the International Sales of Goods shall not apply and its application is hereby expressly excluded.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Sharingpet or its affiliates in any respect whatsoever. Sharingpet may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings in this EULA.
These Terms contain the entire agreement between you and Sharingpet regarding the use of The Sharingpet Buy & Give App. These Terms may not be modified except in writing by Sharingpet. These Terms supersede any prior agreements between you and Sharingpet relating to the use of The Sharingpet Buy & Give App.

The failure of Sharingpet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Legal Notices: You consent and agree to receive legal notices from us electronically to the last known email addresses provided by you and/or by the prominent posting of legal notices on Sharingpet and Sharingpet.com.com and that any such electronic notices satisfies any legal requirement that a legal notice be in writing. You may withdraw this consent to the receipt of electronic notices by notifying us and terminating all use of The Sharingpet Buy & Give App, its content and services.

If any provision of the Terms shall be deemed unlawful, void, or otherwise unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms are not assignable or transferable by you except with the prior written consent of Sharingpet.

The section titles are for convenience only and shall not be used to construe or interpret these Terms.

The provisions of this section shall survive the termination of your license to access and use The Sharingpet Buy & Give App.

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