Terms of Use
Last Updated: October 31, 2014
These terms of use (“Terms of Use,” or “Agreement”) apply to all users of the Shari Acts 4 U website, including, but not limited to, users who purchase products from the Shari Acts 4 U website. By doing so, you hereby agree to the following:
1. BINDING EFFECT
This is a binding agreement between you the website user (“User,” or “you”) and Find Me I’m Yours Interactive, LP, as through its Shari Acts 4 U website (collectively, (“Company,” “us,” “our,” or “we”). By using the Shari Acts 4 U website located at www.shariacts4u.com (“Site”) or any services provided in connection with the Site (collectively and individually, the “Service”), you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Company will either post a notice on this Site or send an email message to registered users of the Company’s family of sites, which includes this Site, any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR HAVE THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO ENTER INTO THIS AGREEMENT.
2. AVAILABILITY
The Service provided by the Site is on an "AS IS" and "AS AVAILABLE" basis and Company reserves the right to modify, alter, change, suspend or discontinue the Service, in its sole discretion, at any time and without notice. YOU AGREE THAT COMPANY AND SITE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
3. PRIVACY POLICY
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found on company’s website. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. In order to purchase goods from use the Site and/or Service, you are required to register and create an account. You must complete the registration process by providing all of the complete and accurate information requested on the registration form. You will also be asked to provide and/or create a user name and password. You are solely and entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use or suspected unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. Company or its licensors owns all trademarks and logos and you may not copy or use them in any manner. You hereby agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Company 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. Company hereby reserves the right to revoke these exceptions either generally or in specific cases.
5. USE OF SITE
You acknowledge and agree that the operation of the Site may occasionally encounter technical or other problems and/or on occasion may not necessarily continue uninterrupted or without technical or other errors. Company shall not be responsible to you or others for any interruptions, errors or problems or even for an outright discontinuance of the Site or Service.
6. E-COMMERCE/ONLINE STORE
The following terms and conditions are applicable to any and all products and services, which may be made available by Company, on the Site, including but not limited to through any online storefront that Company may operate in connection with the Site:
All payments are to be made in U.S. dollars. Postage fees (e.g., shipping and handling) as well as any applicable sales taxes will be added to your order during the checkout process. All prices listed on the Site do NOT include any foreign import duties or taxes that may be added or required by law by the destination country, outside of the United States. All delivery dates on the Site, if any, are provided as an estimate only, and are not binding. Company reserves the right to modify or change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. For re-occurring payments and subscriptions, such new fees, charges, or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by email. Company is not responsible for any error in copy or images relating to any services/products offered for purchase through the Site. In order to purchase services/products offered for purchase through the Site now or in the future, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit card information or alternative payment information (e.g., PayPal account, Apple Pay account, etc.) and billing address. Company’s Privacy Policy explains how such information collected via the Site, may be used by Company.Your ability to purchase services/products offered through the Site is subject to limits established by your credit card issuer and/or alternative payment company. If payment cannot be charged to Customer’s credit card or alternative payment method, or Customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Company hereunder. You must notify Company immediately of any change in your credit card or other payment information, including any change to your home address. By utilizing a credit or debit card or alternative payment method such as Apple Pay or PayPal account for purchase of any of the services/products offered for purchase through the Site, you authorize Company and its merchant provider to charge such payment method in the amount described on the services/products purchase path(s). If the service/product has a recurring or on-going payment, you hereby authorize the Company and its merchant provider to charge your selected payment method in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. For clarity, you are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. Company reserves the right to terminate any account at any time for any reason. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit, alternate payment account information, or charge card number stored), you must notify Company of the problem IMMEDIATELY to avoid possible liability for any unauthorized charges to your account.
If applicable, Company agrees that it will terminate your account upon notice from you. If cancellation is received within the first 30 days of signing up for a service, you will be refunded the prorated fees for that service for the remaining period of the service, but you will still be obligated to pay any other charges incurred. If you cancel a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If you have a balance due on any account, you hereby agree that the Company can charge any unpaid fees to the credit card or other selected payment method on file. Your subscription will be automatically renewed. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance by the Company by email to you or as posted on the Company’s site.
You may now or in the future be able to buy certain products and services from third-party operated storefronts available within the Site ("Third Party Stores"). For the purposes of clarity, even if any Third Party Stores may have the look and feel of the Site, please be aware that such Third Party Stores may be governed by additional terms of use agreements. You should read the Terms of Use agreements applicable to such Third Party Stores. Company hereby expressly disclaims any and all responsibility or liability for any damage, loss, or injury arising out of the activities of any Third Party Store or any product or service provided therein.
For our return policy, please visit our Customer Service FAQ page.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of Company as well as other users. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to not upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “IP Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any IP Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any IP Content does not violate any laws or third party rights rests solely with you. You hereby agree to not collect, store, or harvest any personally identifiable information, including but not limited to account names or user profile images, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You also agree to not solicit, for commercial purposes, any other users of the Site with respect to their User Content.
8. COMPANY INTELLECTUAL PROPERTY
The content on the Site and Company’s affiliated websites and series, including, without limitation, the text, software, scripts, graphics, photos, videos, sounds, songs, music, posts, essays, tips and tools, articles, and interactive features ("Company Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content and/or Marks hosted and displayed on Site are provided 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 Company. The Company reserves all rights not expressly granted in and to the Websites and the Company Content therein. For the purposes of clarity, you hereby acknowledge, affirm, and agree that without prior written consent and agreement: you have no authorized right in any way to use, submit, host, display, or exhibit, in any media now known or hereafter devised, including on any third party website, any Company Content and/or Marks; by using the Site and/or Service you are not a licensee or affiliate of Company and thus not entitled to use, exhibit, display, broadcast, transmit, or submit any Company Content and/or Marks, nor falsely claim you are an affiliate or have a business relationship with Company; and that violation of the above shall be considered an unauthorized use of Company Content and/or Marks. You shall be solely liable and responsible for any such unauthorized use of any Company Content and Marks, and shall be fully persecuted to the fullest extent of the law for any such unauthorized use.
9. INAPPROPRIATE CONTENT
You shall not make the following types of Content available: You agree to not upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, racist, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. It is your responsibility, not Company’s, to know, understand and abide by this code of conduct. By accessing and using Site, you also agree that you will not publish, post, upload, transmit, distribute or disseminate content that is abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, derogatory, libelous or slanderous, obscene, infringing, invasive of another's right of privacy or publicity (including distributing personal information if he or she has not made such information public on the host site (if applicable), prejudicial (including, but not limited to, racist, homophobic, bigoted, or sexist), or otherwise offensive or objectionable; make any threats or threatening remarks including, but not limited to, threats directed at minors, threats against another individual or their family, threats of violence and bodily harm, threats of financial loss and/or blackmailing, and other such remarks as deemed threatening solely at our discretion and in our opinion; and promote, encourage, or otherwise advocate the use of illegal drugs and substances. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
10. CONDUCT
You agree not to interfere with or otherwise disrupt, or attempt to interfere with or otherwise disrupt, the running of the Site, the Service, or any of the Site’s servers and/or networks used in connection with the Service. You agree to obey any and all requirements, procedures, policies, rules or regulations of the Site and any and all other networks used in connection with the Service. You agree that you shall not provide any information to Company that is false or misleading, that hides or attempts to hide your identity, or that you do not have the right and/or authority to disclose.
11. COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent, at the following address:
Maxine Lapiduss
Find Me I’m Yours Interactive, LP
11271 Ventura Blvd., #324
Studio City, CA 91604
(818) 509-7792
Maxine at FMIYInteractive dot com
12. ALLEGED VIOLATIONS
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
13. THIRD PARTY SERVICES
Third parties other than Company may operate stores, provide services, or sell product lines, which are linked to and/or displayed in connection with the Site. If applicable, Company may provide links to the sites of affiliated companies and certain other businesses. Company is not responsible for examining or evaluating the products, services, or third party companies, and does not warrant or guarantee the offerings of any of these businesses or individuals or the content of their websites. Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. For clarity, Company does not, unless expressly stated otherwise, endorse any advice or opinion of third parties, and the opinion and beliefs of third parties are not necessarily that of Company.
14. USER WARRANTIES
As a user of the Site, you hereby represent and warrant the following:
i. You have the full right, power, authority, and capacity to enter into the Agreement. You have obtained all necessary third party consents and permissions, if any, to purchase products on the website.
ii. Any and all information provided by you to Company is correct, complete, and true.
15. NO COMPANY WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. COMPANY DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF USER CONTENT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
17. THIRD PARTY WEBSITES
Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, articles, images, videos, series, or websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
18. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
19. INDEMNITY
You hereby agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, partners, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
20. COPYRIGHT AND TRADEMARKS
All contents of this or any of the Find Me I’m Yours Storyverse of sites or services, are: Copyright © 2014 Find Me I’m Yours Interactive, LP, 11271 Ventura Blvd., #324, Studio City, CA 91604. All rights reserved. The copyright and trademarks for Shari Acts 4 U are owned by Schmillionares Un-LTD, LP. 2014 All rights reserved
21. GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. In the event of any dispute arising out of or in connection with this agreement or out of use of the Site or Service, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, USA in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of California, USA, or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this agreement, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of this agreement, and shall be final and binding. Each party shall bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury trial. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this agreement or any other agreement between the parties, you hereby acknowledge and agree that your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this paragraph, and in no event will shall you be entitled to seek rescission, or injunctive or other equitable relief whatsoever. For any dispute arising out of or in connection with this agreement, or out of use of the Site or Service that is not subject to arbitration, shall be submitted to the United States federal courts and the California state courts located in Los Angeles, California, USA. You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and thus hereby irrevocably waive all rights to claim, punitive, incidental or consequential damages.
22. SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. NO LICENSE
Nothing contained on this Site should be understood as granting you a license to use any of the intellectual property, copyrights, trademarks, service marks, design or logos licensed to Company, owned by Company or by any third party associated with Company.
24. CALIFORNIA USE ONLY
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
25. MODIFICATIONS
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
26. ENTIRE AGREEMENT
This constitutes the entire agreement and your complete understanding of the terms of use for use of the Site. All prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written agreement. If a conflict of terms should arise, the terms of this Terms of Use shall take priority and shall control.
27. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.