By accessing this website you agree to be bound by these Terms of Use, please read them carefully. If you do not agree to be bound by these Terms of Use you should not access or view this website. These Terms of Use are subject to change by Shift Actions from time to time , effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.
In the event that any or any part of these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Acceptable Use Policy
The Service may provide you with an opportunity to interact with others and share your thoughts, information and materials. Shift Actions expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Shift Actions.
You are solely responsible for the content, information and other materials (together the “Content”) that you post on the Service or transmit to other users and agree that you will not hold Shift Actions responsible or liable for any Content from other users that you access on the Service.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Shift Actions will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorised copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (i.e., F*@&#);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You may not include in your member profile or Content any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.
Shift Actions is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. Shift Actions will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Shift Actions is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.
Termination of Access
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
Privacy Policy
Shift Actions respects the privacy of visitors and users of this website, and will only collect personally identifiable data, such as your name or email address, when it is voluntarily submitted to us at this website. Please read our Privacy Policy in full.
Links
This Service may contain links to other web sites not maintained by us. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.
Our Proprietary Rights
Shift Actions or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Shift Actions.
No Warranties
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE IN TORT, CONTRACT, OR OTHERWISE IN LAW OR IN EQUITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL EXEMPLARY AND/OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, PERSONAL INJURY/WRONGFUL DEATH (SAVE AS SET OUT BELOW), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES HOWEVER NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR PERSONAL INJURY/WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY LIABILITY WHICH MAY BE EXCLUDED OR LIMITED AS A MATTER OF LAW .
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.