Help / Info : TERMS AND CONDITIONS OF USE liftshare Membership Agreement

IMPORTANT - READ CAREFULLY: The School-Run services (the "Service") are provided by liftshare.com Ltd. ("liftshare.com") to you ("You") under the terms and conditions of this Membership Agreement (this "Agreement"). This Agreement includes liftshare.com's Privacy Policy, which is available here and is incorporated herein by reference, and governs Your use of liftshare.com's web sites as well as the Service. BY ACCESSING THE SERVICE OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT AND WARRANT THAT YOU:

1. ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND
2. AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY, OR OTHERWISE DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS AND USE THE SERVICE.

I. SERVICE DESCRIPTION

liftshare.com provides a hosted journey matching service which enables users of the Service (also referred to as members) to find travel companions and arrange shared travel on the World Wide Web where other members can visit and use to add and search for matching journeys.

II. USE OF SERVICE

All use of the Service, including but not limited to the posting of journeys, searching for matches and adding the service to another web site, is governed by this Agreement.

A. YOUR ACCOUNT

All MEMBER accounts are governed by and subject to the following rules: 1. All members completing the registration process must provide us with current, complete and accurate information as prompted by the registration process. You will choose a user id and we will designate you a password. We have the right to refuse to grant You an account in our sole discretion. Registration is necessary for those members who wish to look for travel companions. Regardless of whether You register, You agree to the terms of this Agreement and are responsible for Your posted journeys. 2. Use of Your Account is expressly limited to You. Your Account may not be transferred or shared with any other party, temporarily or permanently. 3. You are entirely responsible for all use of Your Account and for the confidentiality of Your password. You are entirely responsible for any and all statements made and activities that occur through Your account. You agree to notify us immediately of any unauthorized use of Your account. To protect Your privacy, liftshare.com will suspend access or change access to Your Account immediately upon notification by You that Your password has been lost, stolen or otherwise compromised. 4. To cancel Your Account, You agree to delete yourself from our database by contacting us. In the event of termination, You will remain obligated not to violate the rights of any person or entity with respect to any materials You may have received or downloaded via SCHOOL-RUN.ORG. 5. You are responsible for all telephone or Internet access charges related to connecting to SCHOOL-RUN.ORG.

B. JOURNEY MATCHING

1. The liftshare.com Service is designed to accommodate a diversity of interests and opinions. Just like any community, however, hosts group administrators and participants must conduct themselves in an appropriate manner. The Service may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm liftshare.com's business interests, constitute a criminal offence, exploit children, violate rights of others, or otherwise violate any applicable local, state, national, or international law. liftshare.com reserves the right to remove any participant, who in its sole judgement, violates these guidelines.
2. Members can request to create and/or subscribe to private groups on the liftshare.com NETWORK. Each member who requests to create a private group must designate a manager, who is a registered member of liftshare.com and who is referred to as the " Group Administrator ". Each request for the setting up of a private group will be dealt with on an individual basis. Private groups restrict the entry of members to assigned criteria, - these can be, but are not restricted to, location, business, network, occupation specific. There may be a charge for setting up private groups.
3. Cancellation - the Group Administrator agrees to notify liftshare.com upon decision to discontinue the group, and liftshare.com reserves the right to continue with the group and assign a new group administrator as well as the right to terminate groups at any time in the event of misuse or abandonment.
4. liftshare.com and its affiliates are under no obligation to monitor or review discussions, chats, postings, transmissions, and groups.
5. liftshare.com and its affiliates do not control the information available in the chat rooms. Any opinions, advice, statements, services, offers or other information or content presented or disseminated in any chat room are those of the respective authors who are solely liable for their content. liftshare.com and its affiliates reserve the right, in their sole discretion, to edit or remove any material from the chat rooms.
6. Further, liftshare.com reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. liftshare.com shall not be liable to You or any third party should liftshare.com exercise its right to modify or discontinue the Service.

C. RULES OF ONLINE BEHAVIOR

You agree to the following terms and conditions:

1. You are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, transmitting or linking to other Web sites that contain material which
   1. Is unlawful, defamatory, fraudulent, libellous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene material;
   2. would violate the privacy, publicity proprietary or other rights of any person or entity;
   3. constitutes or promotes a criminal offence, or otherwise violate any local, state, national, or international law.
   4. Contain corrupted files, viruses, Trojan horses, worms, time bombs or any other harmful contaminating, or destructive features.
   5. Contain contests, pyramid schemes, chain letters, junk mail, spamming or flaming;
   6. Advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and services. Use of liftshare.com for advertising or promotion of a commercial product or service without the express, written consent of liftshare.com is prohibited.
2. You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given You express consent to copy and redistribute online or otherwise, may be uploaded to liftshare.com, including any software files or libraries.
3. You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including but not limited to names, email addresses, passwords, usage information without their consent.
4. You are prohibited from stalking or harassing others. You are further prohibited from creating a user id to creating a false identity for the purpose of misleading others of Your identity or to impersonate another person.
5. You may not attempt to gain unauthorized access to, tamper with, modify, or hack the Service.
6. Information and materials which You find published on liftshare.com may be the property of liftshare.com or an Information Provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
7. You may not violate any applicable law or regulation of any relevant jurisdiction.

D. POLICIES FOR MEMBERS UNDER 16 YEARS OF AGE

1. For those users under 16, You may not use this Service.
2. If You are under 18, You must have parental consent to use this Service.

III. MEMBER REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT

1. You warrant that all material that You submit for publication or posting on liftshare.com will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. You grant liftshare.com a non-exclusive, irrevocable, right to copy, display, sublicense, transmit, and create derivative works to, the information or materials You have published or posted on, or distributed through the Service. liftshare.com reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that You submit or enter onto liftshare.com, including but not limited to electronic message boards, databases, and software libraries. You agree that You will not hold, nor seek to hold, liftshare.com liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but limited to any copyright or moral right) to which You claim ownership.
2. You acknowledge and agree that neither liftshare.com nor its third party service providers endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that liftshare.com and its third party service providers do not pre-screen content, but that liftshare.com and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Service. liftshare.com does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will liftshare.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.
3. Any links included within the Service may permit You to leave the liftshare.com web site. You acknowledge that these linked sites are not under the control of liftshare.com and liftshare.com shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. liftshare.com is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site.
4. If ordering merchandise and/or services from anyone other than liftshare.com, through any commercial service accessible via liftshare.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between You and the seller of the merchandise or services. You are solely responsible for fulfilling any contractual/e-commerce or other obligations You assume using the Service. liftshare.com makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
5. You acknowledge that liftshare.com has the right to archive or delete any of Your journeys on liftshare's service which are older than 6 months.
6. You acknowledge that liftshare.com does not represent or warrant the Service will be uninterrupted or error-free, that defects will be corrected.
7. You acknowledge and agree that liftshare.com shall retain all title, copyright and other proprietary rights in its software and all aspects of the Service. You shall not acquire any rights, express or implied, in the Service, other than those specified in this Agreement.

IV. PRIVACY POLICY

liftshare.com may collect and disclose data in accordance with the liftshare.com's Privacy Policy located at Privacy Policy . You expressly consent to any use or disclosure of Your personal identification and other personal information in accordance with the Privacy Policy. Due to the existing legal and regulatory environment, liftshare.com cannot ensure that Your personally identifiable information or Your private communications will not be disclosed to third parties. By way of example (and without limiting the foregoing), liftshare.com may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, liftshare.com can (and You hereby authorize liftshare.com to) disclose Registration Data or any information about You to law enforcement or other government officials as liftshare.com, in its sole discretion, believes necessary or appropriate. Therefore, liftshare.com does not promise, and You should not expect, that personally identifiable information or private communications will always remain private. More information on liftshare.com's current privacy policy can be found at Privacy policy

V. TERMINATION

liftshare.com may terminate Your account if it believes, in its sole discretion, that You have violated any of the Rules of Online Behavior. liftshare.com may also immediately terminate Your membership and right to use the Service if:

1. You breach this Agreement
2. liftshare.com is unable to verify or authenticate any information You provide to liftshare.com
3. such information is inaccurate
4. liftshare.com decides, in its sole discretion, that You have abandoned Your account or
5. liftshare.com decides, in its sole discretion, to discontinue offering the Service. liftshare.com shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately:
   1. discontinue use of the Service;
   2. cancel Your account as provided in Section II; and
   3. notify liftshare.com of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases.

VI. NO REPRESENTATION OR WARRANTIES

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE liftshare.com SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO liftshare.com OR ANY INFORMATION OR SOFTWARE THEREIN. liftshare.com MAKES NO WARRANTY THAT THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES liftshare.com, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

VII. LIMITED LIABILITY

IN NO EVENT SHALL liftshare.com, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, HOWEVER CAUSED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF liftshare.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER liftshare.com SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT liftshare.com WILL NOT BE LIABLE FOR THE CONDUCT, ADVICE OR STATEMENT OF OTHER MEMBERS, ADVERTISER OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. [IN NO EVENT SHALL liftshare.com'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE STERLING AMOUNT PAID UNDER THE AGREEMENT. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.]

VIII. INDEMNIFICATION.

1. You agree to indemnify and hold liftshare.com, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to Your use of the Service, including any content provided under Your account;
2. any breach of Agreement, including any abusive or unlawful behavior on the part of You or Your dependents; or
3. breach of any warranty or representation.

IX. MODIFICATION OF AGREEMENT

liftshare.com may amend this Agreement at any time by

1. posting a revised liftshare.com Terms of Service document on the SCHOOL-RUN.ORG World Wide Web site, and/or
2. sending information regarding the Agreement amendment to the email address You provide to liftshare.com. You are responsible for regularly reviewing the SCHOOL-RUN.ORG World Wide Web site to obtain timely notice of such amendments. Any continued use of the Software or Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms. Otherwise, this Agreement may not be amended except in writing signed by both parties.

X. ENTIRE AGREEMENT

GENERAL TERMS. This Agreement is governed in all respects by English Law and the courts of England shall have jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. liftshare.com's failure to act with respect to a breach by You does not waive liftshare.com's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. liftshare.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond liftshare.com's reasonable control. Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail the email address provided by You during registration. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.