If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Trusted Sharing, acceptance is expressly limited to these terms.
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Trusted Sharing account, which must be in your real name; (3) you are not already restricted by Trusted Sharing from using the Services; and (4) Accounts registered by "bots" or other automated methods are not permitted.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Trusted Sharing to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
You agree to provide your legal name and to not use the Services with a pseudonym without requesting and receiving permission by Trusted Sharing, which will be granted at Trusted Sharing’s sole discretion, for example, based on Trusted Sharing’s belief that you have a valid need for a high level of safety and security, that is not intended to mislead other Trusted Sharing members.
You are responsible for maintaining the security of your account and password and you agree that you will not provide your password and other login information to another party. Trusted Sharing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Trusted Sharing of any unauthorized uses of your account, or any other breaches of security. Trusted Sharing will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
If you coordinate a group, comment in a discussion, post links in a discussion, or otherwise make (or allow any third party to make) material available through Trusted Sharing (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software.
By making Content available, You represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your group is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other groups and web sites, and similar unsolicited promotional methods; your group is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your group’s name is not the name of a company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Trusted Sharing or otherwise. Without limiting any of those representations or warranties, Trusted Sharing has the right (though not the obligation) to, in Trusted Sharing’s sole discretion:
We reserve the right to modify these Terms at any time and modified terms are effective upon posting to this website. We will make every effort to inform you of these changes via email or through the Service. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Trusted Sharing may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Trusted Sharing may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Trusted Sharing account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
The Services are provided “as is”. Trusted Sharing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Trusted Sharing nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted; or that Your content will not be deleted or otherwise unrecoverable from Trusted Sharing’s data back-ups. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
TO THE EXTENT ALLOWED UNDER LAW, TRUSTED SHARING (AND THOSE THAT TRUSTED SHARING WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TRUSTED SHARING HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TRUSTED SHARING (AND THOSE THAT TRUSTED SHARING WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TRUSTED SHARING (AND THOSE THAT TRUSTED SHARING WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRUSTED SHARING AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TRUSTED SHARING HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Trusted Sharing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to Your violation of this Agreement.
This Agreement constitutes the entire agreement between Trusted Sharing and You concerning the subject matter hereof, and terms of this Agreement may only be modified by a written amendment signed by an authorized Trusted Sharing representative, or by the posting by Trusted Sharing of a revised version of this Agreement on the Trusted Sharing website.
You agree that the laws of the State of North Carolina, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Buncombe County, North Carolina, USA, and we each agree to personal jurisdiction in those courts.
Trusted Sharing is made with care for the good of all by the Trusted Sharing Company:
108 Lakewood Drive
Asheville, NC 28801
Please Contact Us if you have any questions or feedback.