BEFORE REGISTERING AN ACCOUNT, RENTERS AND LISTERS MUST READ AND ACCEPT THE TERMS & CONDITIONS AND THE POLICIES. BY USING THE SITE IN ANY WAY, USERS ARE AGREEING TO COMPLY WITH THE TERMS & CONDITIONS AND THE POLICIES.
Should you object to any of the Terms & Conditions or Policies, or any subsequent modifications thereto or become dissatisfied with Spinlister in any way, your only recourse is to immediately discontinue use of Spinlister. Spinlister has the right, but is not obligated, to strictly enforce the Terms & Conditions through self-help, community moderation, active investigation, litigation and prosecution.
Spinlister is not a party to any Rental Agreement. Spinlister does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of putting people who want to rent things in touch with people who have things to rent. We never intervene in the physical transaction between the Customer and the Business. Spinlister cannot thus be considered part of the Rental Agreement between users of the Site. Spinlister exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Listings, or over the ability of Listers to rent the Items listed or over the ability of Renters to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction.
PUBLIC VS. PRIVATE AREAS
The Site contains an area open to the public and a private area accessible only by Users. The public area allows access to the Users' Rental Listings. The private area is the part of the site that is accessible only after User authentication. Users must enter his/her password to enter the private area. The private area allows Users to:
2. Create and manage Product Listings; (for Listers)
3. Create and manage Business Listings; (for Listers)
4. Make a Reservation;
5. Pay for their Reservation;
6. Receive payment; (for Listers)
7. Publish communication (comments and reviews);
8. Provide access to collaboration tools; and
9. Create an alias (user name) to be identified on the site.
OWNERSHIP OF SITE AND CONTENT
The website, including any subdomains, and any replacement or successor website, or portions thereof (hereinafter referred to as the "Site") is the property of Spinlister. All content, including, but not limited to, all text, including descriptions and feedback, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, "Content"), and the design and arrangement of such Content, on the Site is owned, controlled or licensed by or to Spinlister, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. If you post Content on the Site, you grant Spinlister a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable right to use, modify, perform and/or display, reproduce and distribute and any other copyright rights you have in such Content, in any media and any form. By posting Content on the Site, you represent and warrant to Spinlister that you have the right to grant Spinlister the rights above.
CONDITIONS OF USE OF SITE AND SERVICES
Our services are reserved to persons lawfully capable, or authorized to be part of a rental contract in the United States. Our services are not available to minors. You agree that you must be legally an adult to use our services. If you do not comply with these conditions, you cannot use our services. In addition, we reserve the right to suspend or close User Accounts without notice for any reason, including, but not limited to:
• Inability to identify, verify or authenticate the origin of a Rental Listing;
• Making false statements;
• Diffusion of confidential, illegal or offensive content (For example, pornography, libel, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred);
• Breaches in moral standards;
• Use, copying or diffusion of copyright protected works without express authorization ;
• Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc);
• Diffusion of unsolicited commercial messages ("Spam").
• Post or rent any items or services that are on our Prohibited Items List
• Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, or Services;
• Manipulate the price of any item or interfere with other Spinlister Users' (hereinafter a "User") listings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Spinlister;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Interfere or attempt to interfere with the proper working of the Site, Services, or any activities conducted on or with the sites, services, or tools;
• Bypass any measures we may use to prevent or restrict access to the Site;
• Post false, inaccurate, misleading, defamatory, or libelous Content (including personal information);
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or using it for purposes unrelated to Spinlister);
• Transfer your Spinlister Account (including feedback) and User ID to a third party without our consent;
• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Spinlister, or the interests or property of Spinlister users;
• Export or re-export any Spinlister tools except in compliance with the export control laws of any relevant jurisdictions;
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display rights or Content (except your own information) from the Site, Services or Spinlister's copyrights and trademarks without Spinlister's express written permission and the appropriate third party, as applicable; or
• Harvest or otherwise collect information about users and/or Users, including email addresses, without their consent.
You will not hold Spinlister, its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a User Account.
The User Account is personal and cannot be transferred to a third party.
The user commits to keep confidential the password he or she chooses for accessing his or her User Account. The User Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.
The user recognizes and accepts being solely responsible for use of his password and User Account.
The User accepts being held solely responsible for all consequences and obligations generated by use of his/her password and User Account by a third party.
The user recognizes and accepts as well that the site can consider usage of his User Account, username or password as proof of the usage of the Site by this User. All usage of the Site by way of these elements attributable to the User are considered as being made by the User. All evaluations, ratings information and comments are also specific to the User.
USER ACCOUNT ACCESS AND PASSWORD
You shall keep your password to your User Account confidential. Your User Account and your password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law. You recognize and accept to be solely responsible for use of your password and User Account. You accept being held solely responsible for all consequences and obligations generated by use of your password and User Account by a third party. You recognize and accept that Spinlister considers the usage of your User Account, username or password as proof of the usage of the Site by you and any actions made by a User Account, including but not limited to, all evaluations, ratings information and comments, are considered to be made by you.
USER ACCOUNT INFORMATION
Upon registration of a User Account, you shall provide a valid email address that will be used to communicate between you and the Site, and will be used as the unique identifier for the User Account. All notifications for your attention will be sent to the email address that is associated with your User Account. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.
You accept to provide your physical address, which is required by Spinlister upon registration of the User Account. You hereby grant Spinlister permission to post a general description of your physical address (i.e. City, State and Zip Code) to be displayed on any public content posted by your User Account. Further, you hereby grant Spinlister permission to deliver your physical address to (1) the rental business after the completion of a rental transaction.
TERMINATION OF USER ACCOUNT
BILLING, FEES, TAXES, AND COMMISSIONS
Access, registration and usage of the website are free.
Spinlister reserves the right to change the Rental Policy at any time.
Spinlister does not pay any taxes on behalf of the Users of the Site. Listers are solely responsible to: (i) determine what taxes resulting from any use of our Services or Site, if any, apply to them; and (ii) pay such taxes.
The Pricing Policy describes and specifies billing conditions.
USER SAFETY AND FEEDBACK
Spinlister cannot confirm the identity of each user. It's very important to take the same precautions online as you would offline.
Spinlister makes available to Users a system of "Comments" or "Reviews" which allows them to evaluate leave feedback about the Business with whom they are doing or have done a transaction.
Listers who list an Item for rent and Users who upload or otherwise post Content on the Site are solely responsible for the content they upload and publish under the law and under Spinlister's Policies. Spinlister does not carry out or guarantee the existence of editorial control of the Content published by its Users.
Exercising the right to withdraw any Content that is under dispute does not at all affect the validity, pertinence, quality or legality of any Content that remains online.
GROUNDS FOR CONTENT REMOVAL
Spinlister cannot be aware of all the Content published on the site in all the Rental Listings or in the comments. However, Spinlister commits to remove as quickly as possible any copyright protected material once notified.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512©, our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
5695 Marsh Pointe
MN 55331 USA
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
PRODUCT LISTINGS AND RENTAL TRANSACTIONS
DESCRIPTION OF THE PRODUCT LISTINGS
Product Listings describe Items offered for rent. Product Listings can only include text, documents and images that the Listers decide to upload, at their sole responsibility. All the Items listed for rent must be in the appropriate category and the Business is solely responsible for choosing the category in which they will place the Rental Listing.
All fees must be disclosed in the Rental Agreement and in the Product Listing. The Rental Agreement is not Spinlister's responsibility, it is a document at the disposal of the Business.
Extra payments related to the rental of an Item, such as delivery, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the Product Listing.
Specific rental conditions which are not covered in the rental agreement or contract that may be available online, the security deposit conditions or the available days for rental information, must be mentioned somewhere in the product description.
ADDITIONAL LISTER REPRESENTATION AND WARRANTY SOLELY TO SPINLISTER
Lister hereby represents and warrants solely to Spinlister that it is authorized and qualified to do business and is in good standing in each of the jurisdiction in which it operates and maintains all applicable licenses and permits. Lister also represents solely to Spinlister that Lister will continuously retain during the term of this Agreement the services of one or more qualified mechanics and that the bicycles listed by Lister are all in proper working order and are maintained in accordance with the manufacturers' specifications. Lister also represents solely to Spinlister that Lister will continuously retain during the term of this Agreement, proper liability insurance for rentals. No person other than Spinlister may rely on the representations and warranties contained herein.
BUSINESS MUST HAVE RIGHTS TO THE ITEM OFFERED FOR RENT
The Business must have either own the Item, or be lawfully allowed to rent the Item which he or she lists for rent.
BUSINESS CANNOT CHANGE PRICE OF TRANSACTION ONCE COMPLETED
The Business cannot in any case change the price of a rental after a transaction has occurred on Spinlister.
The Business is committed to charge the price published at the time of the reservation.
SPINLISTER MAY PUBLISH RENTAL LISTINGS ON PARTNER WEBSITES
GUARANTEE REGARDING PROPRIETARY RIGHTS
The Business guarantees that it possesses all the intellectual rights on the Content of the Product Listings, texts (Title, subtitle, description), and visual elements. The Business also guarantees that it possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Product Listing.
LINKS TO THIRD PARTY SITES
Furthermore, the Content available on or through the Site may contain links to other websites that are completely independent of Spinlister. Spinlister makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will Spinlister be liable for 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 made available on or through the Site.
YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE SERVICES AND ANY RENTAL TRANSACTION YOU ENTER INTO. YOUR SOLE REMEDY AGAINST SPINLISTER FOR DISSATISFACTION WITH THE SITE, THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SITE AND THE SERVICE. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. SPINLISTER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPINLISTER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENTS, SERVICES, OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS, OR THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Spinlister DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING OTHER USERS, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ITEMS RENTED TO OR FROM YOU IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OBTAINED OR GIVEN BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, AND/OR ANY SPINLISTER SERVICES. SPINLISTER SHALL NOT BE LIABLE FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE.
SPINLISTER WILL NOT PROVIDE LEGAL ADVICE REGARDING ANY SERVICES YOU USE (OR PROPOSE TO USE). NO ACT OF SPINLISTER SHALL BE INTERPRETED AS PROVIDING LEGAL ADVICE, INCLUDING BUT NOT LIMITED TO PROVIDING LEGAL DOCUMENT TEMPLATES OR PERMITTING A RENTAL TRANSACTION TO OCCUR. SPINLISTER ENCOURAGES YOU TO SEEK YOUR OWN LEGAL COUNSEL IF YOU HAVE ANY QUESTIONS REGARDING YOUR PERSONAL LIABILITY FOR ANY PARTICULAR TRANSACTION OR IF YOU WOULD LIKE A SPINLISTER AGREEMENT DRAFTED AND/OR REVIEWED.
Under no circumstances shall Spinlister be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Spinlister has been advised of the possibility of such damages), resulting from your use of the Site or the Service, or resulting from any rental transaction, including, but not limited to, damages or injury resulting from a rented item or non returned item, damages which arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site, the Service or user account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the Site. These limitations shall apply to the fullest extent permitted by law.
INDEMNIFICATION AND RELEASE
If you have a dispute with another user(s), you agree to release Spinlister and its officers, directors, agents, employees and representatives from any claims, demands, actions, losses, damages of every kind and nature, whether known or unknown, arising out of such dispute. If you are a California resident, you are to waive the application of California Civil Code Section 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, MN, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
If a dispute arises out of or relates to this Agreement, or the breach thereof, you agree to try in good faith to settle the dispute by contacting the Spinlister directly.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, you agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot not be solved through negotiation, or mediation, you agree to settle the dispute by arbitration administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures and its Consumer-Related Disputes Supplementary Procedures before resorting to litigation, or some other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. Any offer for any feature, product or service made on the Site is void where prohibited. You are solely responsible for complying with applicable local laws.
UPDATES; TERMINATION OR SUSPENSION OF ACCESS
Spinlister reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.
You may not use the Site or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING` CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.