Terms of Use

MOBILE APPLICATION AND WEBSITE TERMS OF USE

ShareThing is provided to you by Fulmentech LLC, also referred to below as we or us. By accessing or using the Mobile Application (the Application), you agree to be bound by this Mobile Application and Website Terms of Use (these terms). If you do not agree to these terms, please do not access or use the Services and uninstall the Application. Certain features of the Services may require you to register for an account or otherwise provide personal information in order to access or use those features of the Services.

PRIVACY NOTICE

BY INSTALLING, USING, REGISTERING WITH OR OTHERWISE ACCESSING OUR SERVICES, YOU GIVE US EXPLICIT CONSENT FOR THE COLLECTION, USE, DISCLOSURE AND RETENTION OF YOUR PERSONAL INFORMATION BY US, AS DESCRIBED IN THESE TERMS AND IN OUR PRIVACY NOTICE. IF YOU DO NOT AGREE TO OUR POLICIES AND PRACTICES AS SET FORTH IN OUR PRIVACY NOTICE, PLEASE DO NOT INSTALL, USE, REGISTER WITH OR OTHERWISE ACCESS OUR SERVICES.

TERMS OF USE

1.   Use of the Application. We grant you the nonexclusive right to use the Application only for your personal use, subject to these terms. You are solely responsible for all content and other information that you post or submit via the Application (including your listings and any communications you make through the Application with us or other users) and any consequences that may result from your content and other information. You must comply with applicable third party terms of agreement when using the Application (e.g. your wireless data service agreement). Your right to use the Application will terminate immediately if you violate any provision of these terms.

2.   Restrictions on Use. As a condition of your use of the Application, you agree that you will not:

o    modify, copy, publish, license, sell, or otherwise commercialize the Application or any information or software associated with the Application (including, but not limited to, underlying technology, content, or source code);

o    rent, lease or otherwise transfer rights to the Application;

o    use the Services in any manner that could impair any of our websites or applications in any way or interfere with any partys use or enjoyment of any such site or application;

o    violate any contracts or laws, including intellectual property laws;

o    violate our posting rules or any other policies in force from time to time;

o    post any threatening, abusive, defamatory, obscene or indecent material;

o    be false or misleading;

o    infringe any third-party right;

o    distribute or contain spam, chain letters, or pyramid schemes;

o    distribute a virus, worm, contaminated file, Trojan horse, or any other technologies that may harm the Application or the interests or property of Application users;

o    impose an unreasonable load on our infrastructure or interfere with the proper working of the Application;

o    copy, modify, or distribute any other persons content without their consent;

o    use the Application to spam, stalk, harass, or otherwise harm another user;

o    use any robot spider, scraper or other automated means to access the Application and collect content for any purpose without our express written permission;

o    use any information available from the Application to contact any users for purposes other than negotiations to get or give away items listed by the user;

o    post any private information of any third party (including, but not limited to, contact information or financial information)

o    harvest or otherwise collect information about others, including email addresses, without their consent; and/or

o    bypass measures used to prevent or restrict access to the Application.

3.   Abusing the Application. We work together to keep the Application working properly and the community safe. Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue warnings, limit or terminate the Application, remove hosted content and take technical and legal steps to keep users off the Application if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies, at our sole discretion. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Application or not, we do not accept any liability for monitoring the Application or for unauthorized or unlawful content on the Application or use of the Application by users. You also recognize and accept that we are not under any obligation to monitor any content or other information that is communicated through or available on the Application.

4.   Fees and Services. Using the Application is free. Well notify you of changes to our policy by posting such changes on the site.

5.   Intellectual Property & Content. We own, or are the licensee to, all right, title and interest in and to the Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Application and you will not remove, obscure or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Application

Our Application contains content from us, you, and other users. Content displayed on or via the Application is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute, modify, reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Application (other than your own content) without our express written consent.

When providing us with content or causing content to be posted using our Application, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, for any purpose, including, but not limited to, use in marketing materials or posting on social media channels. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

6.   Infringement. Do not post content that infringes the rights of third parties, including, but not limited to, intellectual property rights such as copyright and trademark (e.g. offering counterfeit items). Entitled parties (e.g. the owners of copyright, trademark or other rights) may submit a request for any listing that infringes on their rights to be removed. If the entitled party submits this request to us in the manner set forth below, listings infringing on the intellectual property rights of the entitled party will be removed by us.

7.   Reporting Intellectual Property Infringements (Notice and Take Down Program). The following steps are for reporting a listing to us that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report potentially infringing items or listings through our Notice and Take Down Program. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property right, please email us at: info@fulmentech.com. We reserve the right to share, in accordance with applicable law, the request with the third party that originally posted the potentially infringing listing.

We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of ours and/or others.

8.   Other Users; Release. You agree not to hold us responsible for anything that other users post or do. We do not review users postings and (except as may be expressly set out in these terms) are not involved in the actual transactions between users. As most of the content on the Application comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of whats offered. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Once you have exchanged the item with the other party, you agree that all transactions are final, and that the giver is under no obligation to provide a refund unless otherwise agreed between the parties. We disclaim all responsibility for facilitating disputes between users.

9.   Disclaimer of Warranties. WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE APPLICATION. THE SERVICES, INCLUDING OTHER SERVICE(S) ACCESSED BY THE APPLICATION ARE PROVIDED AS IS AND AS AVAILABLE. WE EXPRESSLY DISCLAIM 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, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION. YOU DOWNLOAD THE APPLICATION AND USE IT AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE APPLICATION OR USE OF THE SERVICES. WE CANNOT GUARANTEE CONTINUOUS, ERROR-FREE OR SECURE ACCESS TO THE APPLICATION OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NOTIFICATION FUNCTIONALITY IN THE APPLICATION MAY NOT OCCUR IN REAL TIME. SUCH FUNCTIONALITY IS SUBJECT TO DELAYS BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, DELAYS OR LATENCY DUE TO YOUR PHYSICAL LOCATION OR YOUR DATA SERVICE PROVIDERS NETWORK.

10.               Limitation of Liability. We are not liable to you or any user for any use or misuse of the Application. This exclusion: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Application, from inability to use the Application, or from the interruption, suspension, or termination of the Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether based on contract, tort, negligence, strict liability or otherwise) is limited to $100 US dollars.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the disclaimers in the preceding section and the above limitations and exclusions of liability may not apply to you.

11.               Indemnification. You agree that you will indemnify and hold harmless us (Fulmentech LLC), our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents, against and from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your conduct, your use of the Services, any alleged violation of these terms, and any alleged violation of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

12.               Security. We reserve the right at our discretion to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-end applications.

13.               Changes to the Application or Terms of Use. We reserve the right to make changes to the Application and/or these terms from time to time. Any material changes will take effect when you next use the Application or after 30 days, whichever is sooner. If you do not agree to any change, please uninstall the Application. No other amendment to these terms will be effective unless made in writing, signed by users and by us. We may discontinue the Application at any time, in our sole discretion, with or without notice to you.

14.               Feedback. You hereby agree that any testimonials, comments, ideas, suggestions or similar feedback that you provide to us through any medium regarding the Application (Feedback) may be used by us for any purpose, and that we may use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support and create derivative works from your Feedback without limitations. You agree to assign and hereby assign to us all rights in and to the Feedback (including intellectual property rights, artists rights, or moral rights), and waive any and all claims and rights of any nature whosoever (including moral rights) that you may have with respect to the Feedback. In the event any rights you may have in the Feedback cannot be assigned or waived, you hereby unconditionally and irrevocably grant to us an exclusive, worldwide, fully-paid, royalty-free, sublicenseable, transferable, assignable and perpetual license to use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support, and create derivative works of such Feedback in any medium or format.

15.               Compliance with Certain Laws. You are responsible for complying with trade regulations and both foreign and domestic laws.


 

Posting Rules

Here are some general rules to follow when posting and replying to an ad:

1.   You are responsible for ensuring compliance with all applicable laws relating to items that you list on ShareThing.

2.   Ads that are on prohibited items list are not permitted.

3.   Ads or replies that contain any text that violates the spirit of ShareThing, contains inappropriate or discriminatory language in ads, and/or "hate speech" directed at individuals or groups, is threatening or abusive, infringes on another user's privacy, or could disturb, harm, or offend our users, may be rejected.

4.   It is prohibited to post a duplicate or similar ad for the same item or service.

5.   Ads that are intentionally misleading, deceptive, deceitful, misinformative, or found to be using "bait and switch" tactics are not permitted.

6.   You can only post one ad for an item in the area that the item is actually

7.   It is prohibited to post pornography, nudity, or other related material that is obscene or adult in nature.

8.   It is prohibited to post ads relating to personals, dating or adult themed events or services, missed connections, or adult services.

9.   It is prohibited to infringe upon the rights of third parties. This includes, but is not limited to, infringing upon intellectual property rights such as copyright and trademark.

10.               It is prohibited to post ads that serve no other purpose than to send traffic to another web site. Ads must describe a specific item in order to be allowed on the application.

11.               Use of content and/or functionality of ShareThing to make unsolicited contact of any kind with its users is strictly prohibited.

12.               Rules may change periodically to reflect our ongoing commitment to providing the safest and best user experience possible. We reserve the right to enforce these rules at our discretion and change these rules at any time. We reserves the right to remove any ad at any time at our discretion. By posting an ad on the site you understand and have agreed to these rules.

Prohibited Items List

The list below details a partial list of what can't be posted on ShareThing. ShareThing reserves the right to remove an ad at our discretion, and to alter this list at any time: