The Privacy Policy
The Privacy Policy
These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the " Shares 2 Care Services" or "Services") provided by Shares 2 Care Inc. (" Shares 2 Care", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 21 OR 22.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
From time to time Shares 2 Care introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
If you have any questions about these Terms or our Services, please contact us at shares2care@gmail.com
1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. Eligibility
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Shares 2 Care Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Shares 2 Care Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
3. User Accounts and Account Security
You may need to register for an Shares 2 Care account with Shares 2 Care or a payment account with Shares 2 Care's Payment Provider (see section 4(C) for more information) to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for an Shares 2 Care account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Shares 2 Care account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
4. The Shares 2 Care Services
A. Posting Items
The Shares 2 Care Services allow you to post items for Free by uploading pictures and providing item descriptions. You can post most items through the Services without charge. Shares 2 Care.Promoted items are also identified within the feed. Shares 2 Care offers various pricing packages, including subscriptions, to post and promote items.Attempting to sell will result in termination of your account
B. Giving and Receiving
When a giver and receiver agree to give and take As is. It is free nothing further is needed for completing the transaction.
6. User Consent
Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Shares 2 Care.
You grant Shares 2 Care a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Shares 2 Care Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Shares 2 Care uses third parties to provide services such as user verification and the Shares 2 Care Payment Solution. When You provide User Content in connection with these third party tools, You may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Shares 2 Care Services any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in Shares 2 Care's judgment, disrespectful, inappropriate, or may expose Shares 2 Care, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
Shares 2 Care assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Shares 2 Care has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Sell, resell or commercially use the Shares 2 Care Services except as expressly permitted by us;
Sell or offer for anything that violates our Prohibited Items Guidelines;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Provide false, inaccurate or misleading information to Shares 2 Care or our service providers, including when registering for an Shares 2 Care account, Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Develop or use any third-party applications that interact with the Shares 2 Care Services without Shares 2 Care's prior written consent;
Use any type of automated means to utilize the Shares 2 Care Services or to collect or extract data from Shares 2 Care, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Shares 2 Care; or
Use the Shares 2 Care Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Shares 2 Care).
You will establish and use your Shares 2 Care account only in accordance with any guidelines issued by Shares 2 Care. Without limiting the forgoing, you will not:
Create more than one account;
Transfer your account to another user;
Attempt to obtain the password, account information, or other security information of another user; or
Attempt to use another user's account without authorization from that user and Shares 2 Care.
If you engage in any of the conduct described above or similar conduct, Shares 2 Care may suspend or terminate your right to access the Services. Enforcement of this Section 7 is solely at Shares 2 Care's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Shares 2 Care does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Limitation of Liability
To the fullest extent permitted by applicable law, Shares 2 Care and the other Shares 2 Care Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Shares 2 Care or the other Shares 2 Care Parties have been advised of the possibility of such damages.
The total liability of Shares 2 Care and the other Shares 2 Care Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to OfferUp in the 12 months preceding the event that gave rise to the claim.
The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Shares 2 Care or the other Shares 2 Care Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Shares 2 Care and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
From time to time Shares 2 Care introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
If you have any questions about these Terms or our Services, please contact us at shares2care@gmail.com
1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. Eligibility
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Shares 2 Care Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Shares 2 Care Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
3. User Accounts and Account Security
You may need to register for an Shares 2 Care account with Shares 2 Care or a payment account with Shares 2 Care's Payment Provider (see section 4(C) for more information) to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for an Shares 2 Care account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Shares 2 Care account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
4. The Shares 2 Care Services
A. Posting Items
The Shares 2 Care Services allow you to post items for Free by uploading pictures and providing item descriptions. You can post most items through the Services without charge. Shares 2 Care.Promoted items are also identified within the feed. Shares 2 Care offers various pricing packages, including subscriptions, to post and promote items.Attempting to sell will result in termination of your account
B. Giving and Receiving
When a giver and receiver agree to give and take As is. It is free nothing further is needed for completing the transaction.
6. User Consent
Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Shares 2 Care.
You grant Shares 2 Care a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Shares 2 Care Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Shares 2 Care uses third parties to provide services such as user verification and the Shares 2 Care Payment Solution. When You provide User Content in connection with these third party tools, You may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Shares 2 Care Services any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in Shares 2 Care's judgment, disrespectful, inappropriate, or may expose Shares 2 Care, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
Shares 2 Care assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Shares 2 Care has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Sell, resell or commercially use the Shares 2 Care Services except as expressly permitted by us;
Sell or offer for anything that violates our Prohibited Items Guidelines;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Provide false, inaccurate or misleading information to Shares 2 Care or our service providers, including when registering for an Shares 2 Care account, Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Develop or use any third-party applications that interact with the Shares 2 Care Services without Shares 2 Care's prior written consent;
Use any type of automated means to utilize the Shares 2 Care Services or to collect or extract data from Shares 2 Care, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Shares 2 Care; or
Use the Shares 2 Care Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Shares 2 Care).
You will establish and use your Shares 2 Care account only in accordance with any guidelines issued by Shares 2 Care. Without limiting the forgoing, you will not:
Create more than one account;
Transfer your account to another user;
Attempt to obtain the password, account information, or other security information of another user; or
Attempt to use another user's account without authorization from that user and Shares 2 Care.
If you engage in any of the conduct described above or similar conduct, Shares 2 Care may suspend or terminate your right to access the Services. Enforcement of this Section 7 is solely at Shares 2 Care's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Shares 2 Care does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Limitation of Liability
To the fullest extent permitted by applicable law, Shares 2 Care and the other Shares 2 Care Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Shares 2 Care or the other Shares 2 Care Parties have been advised of the possibility of such damages.
The total liability of Shares 2 Care and the other Shares 2 Care Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to OfferUp in the 12 months preceding the event that gave rise to the claim.
The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Shares 2 Care or the other Shares 2 Care Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Shares 2 Care and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Shares 2 Care agree that any dispute arising out of or related to these Terms or our Services is personal to you and Shares 2 Care, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Shares 2 Care related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
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