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In Loving Memory of Stephan K. MillerSearch

Terms and Conditions

User Agreement

  1. eSeekers (California), Inc. ("us", "we", "our") provides the ShareNow.com network of Web sites and services (the "Service") which includes the ShareNow desktop client software application (the "Application"), the Web site currently located at www.ShareNow.com and encompasses all Web sites and Web pages with ShareNow.com residing in it as a domain or sub-domain (collectively, the "Site") and from time to time other associated Web sites, features, content or applications to you subject to this User Agreement (this "Agreement").
  2. Acceptance. Please read this Agreement carefully before using the Service. Use of the Service indicates your understanding and agreement to be bound by the terms of this Agreement. If you do not agree to this Agreement, you may not use the Service. You affirm that you are the applicable age of majority or older, or that you have obtained the consent of your parent or legal guardian or that you are an emancipated minor. You also affirm that you are fully able and competent to enter into this Agreement and to abide by and comply with it.
  3. Ownership. The content on the Service, other than Submissions (defined below), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the SHARENOW word mark and the SHARENOW design mark, as well as certain other of the names, logos, and materials displayed on or through the Service that constitute trademarks or logos ("Marks") are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Service or any portion of the Service, including, without limitation, Content and Marks, except as authorized by this Agreement or as otherwise authorized in writing by us and our applicable licensors. The Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with the Service or any Content.
  4. Service Changes. We reserve the right to modify or discontinue the Service with or without notice to you and we shall not be liable to you, or any third party, should we exercise our right to modify or discontinue the Service.
  5. Your Conduct On The Service. In order to access some features of the Service, you may have to register to become a member of the Service. When you register to become a member, we collect certain personal information about you. You agree that we may use any information we obtain about you in accordance with the provisions of our Privacy Policy. You also agree to provide true, accurate, current, and complete information as prompted by the registration form and maintain and update such information so that it is accurate, current, and complete at all times. The following is a partial list of the kind of content and activity that is illegal or prohibited on or through the Service, including, without limitation, in connection with chat areas, message boards, e-mail or other communication features available on or through the Service. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities and suspending or terminating your account on the Service. Prohibited content and activities include, but is not limited to:
    • Violating any local, state, national, or international law or regulation.
    • Transmitting any material or content that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy or other rights, hateful, racially, ethnically or otherwise objectionable.
    • Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
    • Knowingly transmitting any material or content that contains adware, malware, spyware, software viruses, or any other computer code, files, programs or software designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    • Stalking, harassing, threatening, or harming another individual.
    • Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
    • Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Service.
    • Launching any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
  6. User-Generated Content. The Service may enable you to submit your photos, videos, other personal media content, text, comments, and other materials and content on or through the Service for hosting, display or distribution to other users of the Service (collectively "Submissions"). You retain all of your ownership rights to your Submissions. When you provide us with a Submission, you grant to us and our affiliates a non-exclusive, fully-paid, world-wide, transferable, sublicenseable, royalty-free license to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works from, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in connection with the Service. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. We are not required to host, display or distribute any Submission, and may refuse or remove them at any time for any reason or for no reason. You represent and warrant that: (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) you are the individual pictured or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your Submissions to grant the rights to us described herein; (d) you will make such permissions available to us upon request; and (e) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to us upon our request. You further agree that we and our affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions ("Feedback"), whether oral or written, that you may send to us or our affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duties to you, with respect to such Feedback. When you make a Submission on the Service, you may elect to make the Submission "public" or "private." Public Submissions are available to all users of the Service; Private Submissions are available only to those people with a link to the Submission. Any person who receives a link to a private Submission may forward the link to others. Accordingly, we cannot and do not guarantee that a private Submission will remain private.
  7. RSS Feeds. We may restrict, suspend or terminate your access to part or all of the RSS Service at any time without liability. Unless otherwise consented to in writing by us, you may not, directly or indirectly: (a) sell, resell, lease, license, assign, redistribute or otherwise transfer any portion of the RSS Service; (b) remove, conceal or modify any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the RSS Service; (c) make any representation or warranty on behalf of us; (d) use the RSS Service on any Web site, or in connection with any materials or content, that is obscene, defamatory, libelous, invasive of personal privacy or otherwise illegal or in violation of any third party's rights or otherwise violates this User Agreement; (e) archive or display any of the RSS Service after you or we terminate access to the RSS Service or a particular feed; or (f) display the RSS Service in such a manner that does not allow for successful linking and redirection to, and delivery of, the feed as intended by the RSS Service. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of the RSS Service or any particular feed; nor do we make any representations or warranties, express or implied (including warranties of merchantability, fitness for a particular purpose, title and non-infringement) and we will not be liable for any lack of the foregoing. Nothing herein shall be interpreted to mean, and we do not grant you, any right or license in any Marks or other identifying characteristics owned by or associated with us, our affiliates or the Service, in any manner whatsoever, except and only to the extent that any of the foregoing are included in the RSS Service.
  8. Copyrights. Upon proper notice, we will remove Submissions that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. 512, we have implemented procedures for receiving written notice of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent a notice of claimed infringement with all of the following information:
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
    • Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service.
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    • Your physical or electronic signature.
    • Please send a notice of claimed infringement with all of information above to:Legal Dept.. Please do not send notices or inquiries unrelated to alleged copyright infringement to our copyright agent.
  9. The Application. Subject to this Agreement, we grant you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Application on your personal computer system in machine-executable object code form only. When you download and install the Application you must accept any additional software license terms presented to you during installation; such additional software license terms are incorporated into this Agreement by reference as though fully set forth herein. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Application without our prior written consent. You may not assign, rent, lease, or lend the Application to any person or entity. Any attempt by you to sublicense, transfer, or assign the Application will be void. You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Application by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. We retain all right, title, and interest in and to the Application (including any changes, modifications, or corrections thereto) and any related documentation. You understand and agree that you will gain no right, title, or interest in or to the Application by virtue of any Feedback provided by you and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Application (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Application (or any changes, modifications, or corrections thereto) for any reason whatsoever, then you hereby irrevocably assign to us all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement world-wide of such rights against us and hereby grant to us an exclusive license, with the unlimited right to sublicense, to use, reproduce, distribute, create derivative works from, perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights. You acknowledge that the laws and regulations of the U.S. restrict the export and re-export of commodities and technical data of U.S. origin, including the Application. You agree that you will not export or re-export either the Application or any directly related materials to or into any country in violation of such controls or any other laws, rules or regulations of any country, state or jurisdiction.
  10. Third-Party Links. The Service may provide, or third parties may provide, links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that we are not responsible for the availability of such Web sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such Web site or resource.
  11. Monitoring. We do not, as part of a regular, established practice, monitor, control, or have knowledge of any materials or content transmitted using the Service. You agree that you are solely responsible for all materials and content you transmit and receive using the Service.
  12. Protect Your Password. You are responsible for maintaining the confidentiality of your Service password, and you are solely responsible for all activities that occur under your password.
  13. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE AND OUR AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE. WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE AND OUR AFFILIATES 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  14. Limitation of Liability. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICE.
  15. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations may not apply to you.
  16. Indemnification. You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Service; (b) your (or anyone using your account's) use of the Service; (c) your (or anyone using your account's) violation of this Agreement; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  17. Termination. Your right to use the Service automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Service. We reserve the right, in our sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.
  18. Change of Control. You consent to the disclosure to, and use by, a subsequent owner or operator of the Service, of any information, Submissions and Feedback you provided to us and your continued use of the Service signifies your agreement to be bound by any terms of use or privacy policies of the subsequent owner or operator of the Service.
  19. Changes To This Agreement. We may, in our sole and absolute discretion, change this Agreement from time to time. We will post a copy of this Agreement as changed on the Site. Your continued use of the Service constitutes your agreement to abide by this Agreement as changed.
  20. General Legal Terms. This Agreement shall be governed and construed as to all matters including validity, construction and performance by and under the laws of the State of California, without regard to any choice of law or conflict of laws principles or provisions, regardless of where you live. You agree that any dispute arising out of or relating to the Service, the Application or this Agreement is subject to the exclusive jurisdiction of the courts of Los Angeles, California. This Agreement (together with any other rules or guidelines posted in connection with the Service, such as any additional license terms and conditions respecting the Application) represents the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement. To the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion. Any third party contest, sweepstakes or other promotion available on or through the Services is governed by the third party's terms and conditions; we makes no representation or warranty regarding, and are not responsible for, any third party promotions. If any term or provision of this Agreement is for any reason held invalid, such invalidity will not affect any other term or provision, and this Agreement will be interpreted as if such term or provision had never been contained in this Agreement. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.

Effective Date: 3/1/2008

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