TERMS OF SERVICE AND USE AGREEMENT
This platform, web-portal and/or service (the “Service”) has
been developed Shimon Presents, Inc. (“Shimon”). By accessing
and using the Service, you agree to be bound by the Terms of
Service and Use Agreement (hereinafter, the “Terms” or
“Agreement”) in effect at the time of each such access or other
use. You also acknowledge that Shimon may, from time to time, in
its sole discretion and without notification to you, change
these Terms. You should review the Terms each time you use the
Service. If you do not agree to these Terms, do not use the
its parents, subsidiaries, affiliates (including, without
limitation, Work Exchange Team, LLC), and any third-party
vendors we hire to assist in the administration of the Service,
the collection, cataloging and/or analysis of data, and/or the
processing or handling of any visitor transactions.
License and Access to the Service
No person under the age of eighteen (18) is authorized to access or use this Service. User access to, and use of, the Service is subject to all applicable federal, state and local laws and regulations. Use of this Service is void where prohibited. By using this Service, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
himon grants you a limited, non-transferable license to access and use for non-commercial purposes the Service. Such limited license shall enable you to use the Service for informational purposes. This license shall not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Shimon’s, text, page layout, or form) of Shimon or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Service. Furthermore, we reserve the right, within our sole discretion, to discontinue the Service. You agree that we will not be liable to you for any such discontinuance or modification of the Service. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Service and may temporarily or permanently cease using the Service without notice to Shimon. Any use of the Service, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Service or any portion thereof.
Before using the Service you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
Account Registration, Fees and Payments
In order to use the Service, you may be required to register and create a membership account (“User Account”) with Shimon or log-in with your Facebook account. Information gathered through the registration process and any other information related to your User Account will be subject to these Terms as well as to our Privacy
. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your User Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your User Account. Information related to your User Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your User Account by any third parties with respect to the Service. It is your responsibility to advise us if you are aware of any unauthorized access to your User Account or if your User Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the User Account. In our sole and absolute discretion, we may terminate your User Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your User Account or any data or information that you may have stored by means of the User Account.
To register for certain events or programs (“Event”), you may be required to (i) complete a survey or application, (ii) execute a waiver or release agreement, and/or (iii) pay a deposit and/or various fees applicable to or associated with such Event (“Fees”). All Fee information, including payment methods, amounts and payment deadlines are specified in the applicable Event web-portal or FAQ page linked at the Service (the “Event Page”). All such Fee payments will be processed and charged by the third party or company designated by Shimon in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder. All amounts specified on the Event Page are inclusive of any applicable sales taxes and related fees.
Cancellations and Fee refunds, if applicable, shall be governed by the terms and conditions set forth on the applicable Event Page. Please review all such information carefully before submitting any fee payments.
Restrictions on Your Use
All content within the Service and any materials made available on these pages for downloading, if any, are the property of Shimon and/or its affiliates or other third parties. The Service and portions of the Service are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Service that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Service.
To the extent applicable, when accessing the Service, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Service. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Service. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Service (other than User Generated Content), including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Shimon or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Service in any way without the express written consent of Shimon or the express written consent of the appropriate third party, as applicable. Except as provided herein, Shimon does not grant to you any express or implied rights to Shimon or any third party’s Intellectual Property.
Content License From You
As between you and Shimon, you may possess certain copyright intellectual property rights you have under law in content that you may submit, display and/or post via the Service. This content, which includes, but is not limited to your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Service and your submission and/or posting of User Generated Content grants Shimon, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to Shimon with respect to the use of such User Generated Content in connection with the Service and any subsequent version or modification thereof, and is subject to limitation only by your removal or Shimon removal of such User Generated Content from the Services.
You agree and acknowledge that the forgoing license grants to Shimon and its affiliates the full right and authority to use User Generated Contents for any purpose related to the Service, including the marketing, sale, syndication, and development of the Service and any successors thereto. This license includes an unrestricted right and authority for Shimon to make the User Generated Content available to sublicense to other companies, organizations or individuals with whom we have a relationship.
You agree and acknowledge that Shimon and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Service and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Shimon and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
Your use of the Service and your submission and/or posting of User Generated Content confirms your representation and warranty that you posses all necessary legal rights, power and authority to grant to Shimon the forgoing license granted to Shimon and its affiliates and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
Shimon is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is any way sponsored or endorsed by Shimon.
Shimon reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion. Reasons we may refuse to post or remove such User Generated Content may include, without limitation, any of the following:
Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Political campaigning, chain letters, mass mailings of any kind or any forms of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail.
Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings.
Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and other personally identifiable information.
Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form.
Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity.
Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and competitors.
Reviews that are exclamatory or otherwise appear to by purposefully deceptive, as determined by Shimon in its sole discretion.
Messages that are promotional or commercial in nature, or are inappropriate based on the applicable subject matter, location or topic.
Language that violates the standards of this Site, the Services and policies of Shimon and its affiliates as determined by Shimon in its sole discretion.
Any content that impersonates, disguises or conceals any person or entity or otherwise misrepresents a user’s affiliation with a person or entity.
Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming routines and code that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information.
This Service may provide or include links to other world wide web sites or resources. While Shimon attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Shimon’s standards, please understand that the content on these third-party websites is subject to change without notice to Shimon. Because we have no control over such sites and resources, you acknowledge and agree that Shimon is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Shimon SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAShimon OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Shimon prohibits caching of any portion of the Service and any unauthorized hypertext links to the Service. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Service, you must contact Shimon to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
Any use of the Service or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. Shimon disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Service.
SHIMON MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SHIMON DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHIMON DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SHIMON, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEB SITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEB SITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEB SITE; OR (4) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
SHIMON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGESS, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL SHIMON BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.
Although this Service is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Service is controlled and operated by Shimon from its offices within Atlanta, Georgia. Shimon makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using this Service, you agree to indemnify Shimon and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Service. By using the Service, you are hereby agreeing to release Shimon and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Service.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Shimon with respect to this Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Shimon with respect to this Service. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Service, and any use of the Service after such revisions have been posted signifies your consent and agreement to the modified Terms.
This Agreement was last modified and is effective as of April, 2013.