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Fairshareworld.com's Terms of Service
Effective Date: 24th April, 2008
Introduction
Welcome to Fairshareworld.com, the next
generation event promotion, entertainment and social networking site where members
can stay in touch with their colleagues, friends, meet new people, find out about
up and coming events and hang out ('Fairshareworld.com Service'). Fairshareworld.com
is operated by Showmen primarily for Showmen, enthusiasts and people who enjoy events,
fairground & circus. Fairshare world is run by Fairshare World Ltd. ('Fairshareworld.com')
and may be accessed through the Internet and through WAP services provided by certain
mobile network providers. By using the Fairshareworld.com Service you accept and
agree to be bound by the following terms and conditions (the 'Terms of Service').
Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Fairshareworld.com.com
and the Terms of Service
We reserve the right, at our sole discretion,
to change, modify, add, or delete portions of these Terms of Service at any time
without further notice. If we do this, we will post the changes to these Terms of
Service on this page and we may send registered users an email notifying you of
the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE
Fairshareworld.com SERVICE. YOUR CONTINUED USE OF THE Fairshareworld.com SERVICE
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING
OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF
THE CHANGE.
Eligibility and Registration
You must be 13 years or older to use
the Fairshareworld.com Service. By registering for the Fairshareworld.com Service,
you represent and warrant that you are 13 or older and that you have the capacity
to understand, agree to and comply with these Terms of Service. You should provide
true, accurate and complete registration information to be a Fairshareworld.com.com
member ('Member'). As part of the registration process, you will be asked to select
a username and password and you will be responsible for all activities occurring
under your username and for keeping your password secure. We may refuse to grant
you a username that impersonates someone else, is or may be protected by trademark
or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as
determined by us in our sole discretion.
Member Conduct and Appropriate Content
The Fairshareworld.com Service is made
available for your personal, non-commercial use only. You may not use the Fairshareworld.com
Service for any illegal or unauthorized purpose. International users agree to comply
with all local rules regarding online conduct and acceptable content, including
laws regulating the export of data from the United Kingdom or your country of residence.
You are solely responsible for your conduct and any data, text, information, graphics,
photos, profiles, audio and video clips, links and other content ('Materials') that
you submit, post, and display on the Fairshareworld.com.com Service.
We may, but shall have no obligation
to, remove Materials that we determine in our sole discretion are unlawful, fraudulent,
threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes
or violates any party's intellectual property or other proprietary rights or these
Terms of Service. Further, under no circumstances does Fairshareworld.com have any
obligation to check the accuracy or truthfulness of the any Materials, nor to monitor
any Member's use of the Fairshareworld.com Service.
CONDITIONS
FOR USE
You agree to abide by all applicable
local, state, national and international laws and regulations and are solely responsible
for all acts or omissions that occur under your account made by you including the
content of your transmissions through the Fairshareworld.com Service. By way of
example, and not as a limitation, you agree NOT to:
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Defame, abuse, harass, stalk, threaten
or otherwise violate the rights (such as rights of privacy and publicity) of others.
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Publish, distribute and/ or disseminate
any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing,
inappropriate, hateful, or racially, ethnically or otherwise objectionable material
or information.
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Use other Members' personal data for
purposes other than establishing contact that is reasonably expected to be welcomed
by such other Members
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Submit Materials that are unlawful or
promote or encourage illegal activity or that would violate the property rights
of others.
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Submit Materials of any third party
without such third party's prior written consent, or Materials that falsely express
or imply that such Materials are sponsored or endorsed by Fairshareworld.com.com
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Create a false or misleading identity
of, including, but not limited to, a Fairshareworld.com employee, or falsely state
or otherwise misrepresent your affiliation with a person or entity, for the purpose
of misleading others as to the identity of the sender or the origin of a message
or to harvest or otherwise collect information about others.
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Transmit, email or post any material
that contains in any form software viruses or such programs as including but not
limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
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Use the Fairshareworld.com.com Service
in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the website.
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Attempt to gain unauthorized access
to the Fairshareworld.com Service, other accounts, computer systems or networks
connected to the Fairshareworld.com Service, through password mining or any other
means.
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Modify, adapt, translate, or reverse
engineer any portion of the Fairshareworld.com Service, or use any robot, spider,
site search/retrieval application, or other device to retrieve or index any portion
or the Fairshareworld.com.com Service.
-
Reformat or frame any portion of the
web pages that are part of the Fairshareworld.com.com Service.
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Disseminate content that infringes any
patent, trademark, trade secret, copyright, rights of privacy or publicity, or other
proprietary right of any party or infringes any intellectual property law or any
other applicable law.
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Remove any copyright, trademark or other
proprietary rights notices contained in or on the Fairshareworld.com Service.
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Disseminate any unsolicited or unauthorized
advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid
schemes', or any other form of such solicitation.
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Interfere with another Member's use
and enjoyment of the Fairshareworld.com Service.
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Harvest or collect email addresses or
other contact information of Members, including usernames, from the Fairshareworld.com.com
website by electronic or other means.
Proprietary Rights
Fairshareworld.com does not claim any
ownership rights in any Materials that you submit, post, or display on or through
the Fairshareworld.com Services or on the Fairshareworld.com.com Web site. After
submitting, posting or displaying Materials on or through the Fairshareworld.com
Services or on the Fairshareworld.com.com Web site, you continue to retain all ownership
rights in such Materials, and you continue to have the right to use your Materials
in any way you choose. By submitting, posting or displaying any Materials on or
through the Fairshareworld.com Service, you hereby grant to Fairshareworld.com a
limited license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Materials solely on and through the Fairshareworld.com Service.
Without this license, Fairshareworld.com
would be unable to provide the Fairshareworld.com Service. For example, without
the right to modify your Materials, Fairshareworld.com would not be able to digitally
compress music files that you or other Members submit or otherwise format Materials
to satisfy technical requirements, and without the right to publicly perform Materials,
Fairshareworld.com could not allow users and Members to listen to music posted by
Members. The license you grant to Fairshareworld.com is non-exclusive (meaning you
are free to license your Materials to anyone else in addition to Fairshareworld.com),
fully-paid and royalty-free (meaning that Fairshareworld.com is not required to
pay you for the use on the Fairshareworld.com Service of the Materials that you
post), sub licensable (so that Fairshareworld.com is able to use its affiliates
and subcontractors such as Internet and WAP content delivery networks to provide
the Fairshareworld.com Service), and worldwide (because the Internet and the Fairshareworld.com
Service are global in reach). This license will terminate at the time you remove
your Materials from the Fairshareworld.com Service, except that you agree that the
license will continue solely with respect to other Members' continued use of your
Materials that are not music or videos (i.e. photos or skins); provided, however
if you remove any of the Materials from the Fairshareworld.com Service, Fairshareworld.com
reserves the right to remove all of your Materials from other Member's pages. The
license does not grant Fairshareworld.com the right to sell your Materials, nor
does the license grant Fairshareworld.com the right to distribute your Materials
outside of the Fairshareworld.com Service. You represent and warrant that: (i) you
own the Materials posted by you on or through the Fairshareworld.com Service or
otherwise have the right to grant the license set forth in this section, and (ii)
the posting of your Materials on or through the Fairshareworld.com Service does
not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person. You agree to pay for all royalties, fees, and any
other monies owing any person by reason of any Materials posted by you to or through
the Fairshareworld.com Service.
Fairshareworld Ltd and its affiliates
and licensors own and retain all rights in the Fairshareworld.com.com Web site and
Fairshareworld.com Service, which contain proprietary and confidential information
that is protected by applicable intellectual property and other laws, including
without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5)
page layout, and (6) design presented through and as part of the Fairshareworld.com
Service by Fairshareworld.com.com. Except as expressly authorized by Fairshareworld.com.com,
you may not copy, modify, publish, transmit, distribute, perform, display or sell
any of Fairshareworld.com.com's proprietary information. 'Fairshareworld.com' and
'Fairshareworld.com.com' and 'ffART' are trademarks of Fairshareworld.com, Inc.
Privacy Policy
We take your privacy very seriously
and collection and use of personal information is governed by our Privacy Policy.
Click here to review the Fairshareworld.com.com Privacy Policy.
Copyright Policy
You may not post, modify, distribute,
or reproduce in any way any copyright material, trademarks, or other proprietary
information belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. Fairshareworld.com respects the intellectual property
rights of others and will terminate any user's access to the Fairshareworld.com.com
website according to these terms of use if Fairshareworld.com is notified that such
user's activities infringe the rights of third parties on more than one occasion.
If you believe that your work (or the work of a third party on whose behalf you
are entitled to act) has been copied in a way that constitutes copyright infringement,
please file a copyright infringement notification (Notice) with us, by sending a
written communication which should include the following information, in the same
order as is set out in (i) to (x) below- we will then investigate the matter and
remove any listings within 14 Days:
(i) statement that you have identified
material on the Fairshareworld.com.com website which infringes your copyright (or
infringes the copyright of a third party on whose behalf you are entitled to act,
if applicable); (ii) a description of the copyrighted work that you claim has been
infringed, which should include the type of work (such as a book or a sound recording)
and any relevant further details (such as the title and date of publication, as
applicable); (iii) the country or countries to which your copyright applies; (iv)
a description of the way in which the copyright material has been infringed; (v)
a description of where the material that you claim is infringing is located on the
Fairshareworld.com.com web site (including a URL and/or screen shot); (vi) your
address, telephone number, and email address so that we may get in contact with
you; (vii) the contact details that you would like us to provide to the alleged
infringer so that they may contact you directly, in order to attempt to resolve
the complaint; (viii) a statement by you that you have a good faith belief that
the disputed use of the copyright work is not authorized by the copyright owner
(or by a third party who is legally entitled to do so on behalf of the copyright
owner) and is not otherwise permitted by law; (ix) a statement by you, made under
penalty of perjury, that the above information in the Notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf
and (x) an electronic or physical signature (which may be a scanned copy) of the
copyright owner.
Once you have completed the Notice,
having included all of the information set out above, please send it to:
[Attn: Fairshareworld Ltd Copyright
Infringement Notification]
Email: info@fairsharworld.com
If you are unsure as to your rights
in respect of your copyright material, or whether there has been an infringement
of your rights, we suggest that you take legal advice before sending a Notice to
Fairshareworld.com. This 'notice and takedown' process is regulated by statute.
There may be negative consequences if you falsely allege copyright infringement
or send a Notice to Fairshareworld.com in bad faith.
If you believe that any material that
you have uploaded on to the Fairshareworld.com.com website has been removed in error,
or that the content in question does not infringe the copyright of any third party,
you may file a counter-notice (' Counter-Notice') with us, by sending a written
communication which should include the following information, in the same order
as is set out in (i) to (iv) below:
(i) specific details of the material
that has been removed or to which Fairshareworld.com has disabled access and the
accompanying location of such material; (ii) your name, address, telephone number,
email address and a statement that you will accept service from the person (or an
authorized representative of such person) who provided Fairshareworld.com with the
complaint in question; (iii) a statement by you that you believe (acting in good
faith) that the material identified above was removed as a result of a mistake or
incorrect identification of the material to be removed and (iv) an electronic or
physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice,
having included all of the information set out above, please send it to:
[Attn: Fairshareworld.com Copyright
Infringement Counter-Notification]
Email: info@Fairshareworld.com
If you are unsure as to your rights
in respect of your material, or whether there has been an infringement of copyright,
we suggest that you take legal advice before sending a Counter-Notice to Fairshareworld.com.
This 'notice and takedown' process is regulated by statute. There may be negative
consequences if you make false allegations or send a Counter-Notice to Fairshareworld.com
in bad faith.
Internet/WAP Access
Fairshareworld.com shall not be responsible
for any connection or access to the Fairshareworld.com.com website by you or the
quality of the transmission of any information passing between you and the website.
You will be responsible for providing your own communications equipment to access
the Fairshareworld.com.com website via the Internet or WAP service, and the Internet/WAP
access charges thereon. You recognize that Fairshareworld.com shall not be responsible
for any reduced functionality resulting from, or in connection with, your use of
the Fairshareworld.com Service via WAP.
Termination of the Fairshareworld.com
Service
These Terms of Service will apply to
your use of the Fairshareworld.com Service. At any time, you can terminate your
account which will remove your profile and other personal information from view.
To cancel your account click
here. We may terminate your membership immediately
at any time, for any reason. Once your membership terminates, you will have no right
to use the Fairshareworld.com Service. Our proprietary rights, disclaimer of warranties,
indemnities, limitations of liability and miscellaneous provisions shall survive
any termination of your membership.
Fairshareworld.com may also, in its
sole discretion and at any time, discontinue temporarily or permanently providing
the Fairshareworld.com Service, or any part thereof, with or without notice. You
agree that any termination of access to the Fairshareworld.com Service under any
provision of the Terms of Service may be effected without notice, and acknowledge
and agree that Fairshareworld.com 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 Fairshareworld.com Service. Where possible, Fairshareworld.com
will use reasonable efforts to give Members fair notice of termination or suspension
of their access to the Fairshareworld.com Service. Further you agree that Fairshareworld.com
shall not be liable to you or any third party for any termination or suspension
of access to the Fairshareworld.com Service or modification of the Fairshareworld.com
Service.
Disclaimer of Warranties
Fairshareworld Ltd and its affiliates,
licensors, partners, members, suppliers, employees, consultants and agents ('Fairshareworld.com')
disclaim any and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or Materials
displayed on the Fairshareworld.com Service.
Fairshareworld.com further expressly
disclaims (1) that the Fairshareworld.com Service will meet your requirements and
will be uninterrupted, error-free, timely, or secure, (2) that defects or errors
will be corrected, (3) that the Fairshareworld.com Service or the server that makes
it available are free of viruses or other harmful components, and (4) that the use
of or the results of the use of the Fairshareworld.com Service or the content made
available as part of the Fairshareworld.com Service will be correct, accurate, timely,
or otherwise reliable.
Fairshareworld.com expressly disclaims
any and all responsibility and liability for the conduct of any other Member, and
expressly disclaims that the content and Materials of the Fairshareworld.com Service
input by other Members is correct or accurate.
FAIRSHARE WORLD, ON BEHALF OF ITSELF,
AND ITS LICENSEES, PROVIDES THE FAIRSHARE WORLD SERVICE, AND ALL MATERIALS, INFORMATION
(INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS
OBTAINED OR ACCESSED THROUGH THE FAIRSHARE WORLD SERVICES), PRODUCTS, AND SERVICES
INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO
WARRANTIES WHATSOEVER. FAIRSHARE WORLD EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the
above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE FAIRSHARE
WORLD SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify,
and at Fairshareworld.com's request defend, Fairshareworld.com, its parents, subsidiaries,
and affiliates, and their respective owners, officers, managers, members, agents,
and employees, from and against any third party claim arising from or in any way
related to your use of or conduct on the Fairshareworld.com.com Service, including
any liability or expense arising from all claims, liabilities, losses, damages (actual
and consequential), suits, judgments, litigation costs, expenses, and attorneys'
fees, of every kind and nature. In such a case, Fairshareworld.com will provide
you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE FAIRSHARE WORLD SERVICE
IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL FAIRSHARE WORLD, ITS PARENTS,
SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS,
AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH USE OF, OR INABILITY TO USE, THE FAIRSHARE WORLD SERVICE, WHETHER OR NOT FAIRSHARE
WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION
OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE FAIRSHARE WORLD SERVICE, FROM INABILITY TO USE THE FAIRSHARE WORLD
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FAIRSHARE WORLD
SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE FAIRSHARE WORLD SERVICE OR ANY
PART OF THE FAIRSHARE WORLD SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE FAIRSHARE WORLD SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES
SHALL FAIRSHARE WORLD BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS
($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL
INJURY CAUSED BY THE NEGLIGENCE OF FAIRSHARE WORLD OR (II) THE TORT OF DECEIT OR
FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY
TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Notices
Fairshareworld.com may provide you with
notices regarding the Fairshareworld.com.com Service or these Terms of Fairshareworld.com
Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable
domestic and international laws, statutes, ordinances, regulations, contracts and
applicable licenses regarding your use of the Fairshareworld.com Services.
Miscellaneous
These Terms of Service will be governed
by and construed in accordance with the laws of Great Britain without giving effect
to its conflict of laws provisions or your actual state or country of residence.
The parties agree to submit to the personal and exclusive jurisdiction of the courts
located in the County of Santa Clara, California. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and effect. You
shall not assign these Terms of Service or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation of law, without
our prior written consent. Any such purported assignment or delegation will be null
and void and of no force or effect. Each of Fairshareworld.com's affiliates are
express and intended third party beneficiaries of these Terms of Service and may
enforce any of its terms and exercise any of the rights to the same extent as Fairshareworld.com.
Without limiting the foregoing, under
no circumstances shall Fairshareworld.com be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, floods, storms, explosions,
acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
These Terms of Service constitute the
entire agreement between you and Fairshareworld.com with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service by a party will be effective only if in writing
and signed by a party.
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