Terms
of Use
Your
Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the Sharmota.com domain
name, the "Sharmota Website", "Sharmota
Websites", "Website", or "Websites"),
YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS
OF Sharmota's PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.Sharmota.com/privacy.php,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you
do not agree to any of these terms, then please do not
use the Sharmota Websites.
Sharmota Website
These Terms of Service apply to all users of the Sharmota
Website, including users who are also contributors of
photo and/or video content, information, and other materials
or services on the Website. The Sharmota Website may contain
links to third party websites that are not owned or controlled
by Sharmota. Sharmota has no control over, and assumes
no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition,
Sharmota will not and cannot censor or edit the content
of any third-party site. By using the Website, you expressly
relieve Sharmota from any and all liability arising from
your use of any third-party website. Accordingly, we encourage
you to be aware when you leave the Sharmota Website and
to read the terms and conditions and privacy policy of
each other website that you visit.
Website Access
Sharmota hereby grants you permission to use the Website
as set forth in this Terms of Service, provided that:
(i) you are 18 years of age, or older; (ii) you will not
copy or distribute any part of the Website in any medium
without Sharmota's prior written authorization; (iii)
you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website
for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of
Service.
In order to access some features of the Website, you will
have to create an account. You may never use another's
account without permission. When creating your account,
you must provide accurate and complete information. You
are solely responsible for the activity that occurs on
your account, and you must keep your account password
secure. You must notify Sharmota immediately of any breach
of security or unauthorized use of your account. Although
Sharmota will not be liable for your losses caused by
any unauthorized use of your account, you may be liable
for the losses of Sharmota or others due to such unauthorized
use.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website
in a manner that sends more request messages to the Sharmota
servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line
web browser. Notwithstanding the foregoing, Sharmota grants
the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the
materials, but not caches or archives of such materials.
Sharmota reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information,
including account names, from the Website, nor to use
the communication systems provided by the Website for
any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
Intellectual Property Rights
The content on the Sharmota Website, except all User Submissions
(as defined below), including without limitation, the
text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed
to Sharmota, subject to copyright and other intellectual
property rights under United States and foreign laws and
international conventions. Content on the Website is provided
to you AS IS for your information and personal use only
and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.
Sharmota reserves all rights not expressly granted in
and to the Website and the Content. You agree to not engage
in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use,
copying, or distribution of User Submissions of third
parties obtained through the Website for any purpose.
If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features
of the Sharmota Website or features that prevent or restrict
use or copying of any Content or enforce limitations on
use of the Sharmota Website or the Content therein.
User Submissions
The Sharmota Website may now or in the future permit the
submission of photos, videos or other communications submitted
by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User
Submissions. You understand that whether or not such User
Submissions are published, Sharmota does not guarantee
any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent,
and/or warrant that:
you own or have the necessary licenses, rights, consents,
and permissions to use and authorize Sharmota to use all
patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service;
and
you have the written consent, release, proof of age, and
permission of each and every identifiable individual person
in the User Submission to use the name or likeness of
each and every such identifiable individual person to
enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of
Service.
For
clarity, you retain all of your ownership rights in your
User Submissions. However, by submitting the User Submissions
to Sharmota, you hereby grant Sharmota a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection
with the Sharmota Website and Sharmota's (and its successor's)
business, including without limitation for promoting and
redistributing part or all of the Sharmota Website (and
derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of
the Sharmota Website a non-exclusive license to access
your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through
the functionality of the Website and under these Terms
of Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the Sharmota
Website.
In connection with User Submissions, you further agree
that you will not:
POST, ALLOW ANOTHER TO POST OR BE IN ANY WAY INVOLVED
IN THE POSTING OF ANY MATERIAL THAT DEPICTS OR IMPLIES
PERSONS UNDER THE AGE OF 18;
submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from
their rightful owner to post the material and to grant
Sharmota all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage
Sharmota or any third party;
submit material depicting or implying rape, forced sexual
acts, beastiality or death;
submit material that is unlawful, defamatory, libelous,
threatening, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered
a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
encourage or otherwise depict glamorized drug use (including
alcohol and cigarettes);
characterize violence as acceptable, glamorous or desirable,
or;
transmit any of your personal contact information other
than your email address;
impersonate another person.
Sharmota
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Sharmota expressly disclaims
any and all liability in connection with User Submissions.
Sharmota does not permit copyright infringing activities
and infringement of intellectual property rights on its
Website, and Sharmota will remove all Content and User
Submissions if properly notified that such Content or
User Submission infringes on another's intellectual property
rights. Sharmota reserves the right to remove Content
and User Submissions without prior notice. Sharmota will
also terminate a User's access to its Website, if they
are determined to be a repeat infringer. A repeat infringer
is a User who has been notified of infringing activity
more than twice and/or has had a User Submission removed
from the Website more than twice. Sharmota also reserves
the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations
of intellectual property law, such as, but not limited
to, obscene or defamatory material.
Sharmota
may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these
Terms of Service at any time, without prior notice and
at its sole discretion. In addition, Sharmota will, without
exception, notify the proper authorities, disclose all
account information related to Users who violate Section
5. item C number (i) of this document.
In particular, if you are a copyright owner or an agent
thereof and believe that any User Submission or other
content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
A statement that you have 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; and
A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Sharmota's
designated Copyright Agent to receive notifications of
claimed infringement is: Lance Cassidy, 184 Shorting Road,
Toronto, Ontario, M1S 3S7, Canada, email: dmca@Sharmota.com,
telephone: 416.321.0588, fax: 416.913.4212. For clarity,
only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support,
and other communications should be directed to Sharmota
customer service through support@Sharmota.com. You acknowledge
that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
You understand that when using the Sharmota Website, you
will be exposed to User Submissions from a variety of
sources, and that Sharmota is not responsible for the
accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have
or may have against Sharmota with respect thereto, and
agree to indemnify and hold Sharmota, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to
your use of the site.
Sharmota permits you to link to materials on the Website
for personal, non-commercial purposes only. In addition,
Sharmota provides an "Embeddable Player" feature,
which you may incorporate into your own personal, non-commercial
websites for use in accessing the materials on the Website,
provided that you include a prominent link back to the
Sharmota website on the pages containing the Embeddable
Player. Sharmota reserves the right to discontinue any
aspect of the Sharmota Website at any time.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Sharmota WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, Sharmota, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Sharmota
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE Sharmota WEBSITE. Sharmota DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE Sharmota WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND Sharmota WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL Sharmota, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE Sharmota WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Sharmota SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
The Website is controlled and offered by Sharmota from
its facilities in the United States of America. Sharmota
makes no representations that the Sharmota Website is
appropriate or available for use in other locations. Those
who access or use the Sharmota Website from other jurisdictions
do so at their own volition and are responsible for compliance
with local law.
Indemnity
You agree to defend, indemnify and hold harmless Sharmota,
its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising
from:
your use of and access to the Sharmota Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without
limitation any copyright, property, or privacy right;
or
any claim that one of your User Submissions caused damage
to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the
Sharmota Website.
Ability to Accept Terms of Service
You affirm that you are more than 18 years of age and
are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service. In
any case, you affirm that you are over the age of 18,
as the Sharmota Website is not intended for persons under
18. If you are under 18 years of age, then please do not
use the Sharmota Website - there are lots of other great
web sites for you. Talk to your parents about what sites
are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you,
but may be assigned by Sharmota without restriction.
General
You agree that:
the Sharmota Website shall be deemed solely based in Ontario,
CA; and
the Sharmota Website shall be deemed a passive website
that does not give rise to personal jurisdiction over
Sharmota, either specific or general, in jurisdictions
other than Ontario. These Terms of Service shall be governed
by the internal substantive laws of the Province of Ontario,
without respect to its conflict of laws principles. Any
claim or dispute between you and Sharmota that arises
in whole or in part from the Sharmota Website shall be
decided exclusively by a court of competent jurisdiction
located in Toronto, Ontario. These Terms of Service, together
with the Privacy Notice at http://www.Sharmota.com/privacy.php
and any other legal notices published by Sharmota on the
Website, shall constitute the entire agreement between
you and Sharmota concerning the Sharmota Website. If any
provision of these Terms of Service is deemed invalid
by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain
in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Sharmota's
failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right
or provision. Sharmota reserves the right to amend these
Terms of Service at any time and without notice, and it
is your responsibility to review these Terms of Service
for any changes. Your use of the Sharmota Website following
any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND
Sharmota AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE Sharmota WEBSITE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED