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Sharemation Terms of Service

1. By clicking the "I Accept" button, you are accepting these terms of service as a binding contract with Xythos Software, Inc. ("Xythos") regarding your use of the Sharemation Service (including all files, pages and scripts on servers in the sharemation.com domain, and any other resources Xythos makes available to users of the service).

2. When using Sharemation Service, you agree to comply with the federal and state laws of the United States (and of the country in which you live, if not the United States) regarding the storage, transmission, distribution, and publication of data in all respects.  You further agree not to: (a) use the Sharemation Service for any illegal purpose;(b) use the Sharemation Service to store, transmit, distribute or publish any vulgar, obscene, harmful, libelous, abusive, or unlawful material; (c) attempt to gain access to areas of the Sharemation Service not intended to be accessed by you, or to gain access to any other Xythos or third party computer systems; d) interfere with anyone else who is a member of Sharemation in their use and enjoyment of the Sharemation Service or other Xythos products; (e) store, transmit, distribute or publish anything using the Sharemation Service which could create any legal liability for Xythos, or violate any applicable local, state, national, or international laws or regulations.

3. You agree that you are solely and completely responsible for all data stored on and transmitted to, from or through the Sharemation Service by you, regardless of whether you created that data, and for all use of your user name and password. Xythos shall have no obligation to recall or cancel any transmission by you to, from or through the Sharemation Service. You agree to indemnify and hold Xythos and its affiliates, officers, directors, shareholders, agents and employees harmless from and against any claim, loss, proceeding, liability, judgment, cost, or expense (including without limitation attorneys' fees) of any kind and character suffered or incurred by Xythos arising out of or relating to your use of the Sharemation Service.

4. You agree that Xythos is not liable for any data stored, transmitted, distributed or published through the Sharemation Service, regardless of whether it is considered obscene, offensive, illegal, or to infringe any third party rights. You agree that Xythos may, in its sole discretion, delete any data alleged to violate any law or infringe any third party right, but that Xythos is not obligated to do so.

5. The Sharemation Service is provided and licensed to you on an "as is" and "as available" basis only. XYTHOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  You agree that no statement made by an employee or agent of Xythos, orally or in writing, shall be construed as a warranty of any kind.

6. You assume all risks associated with a service of this kind, including the possibilities of catastrophic data loss due to server or storage media failure or destruction, breaches of security, and interruptions in Internet access.  Xythos takes no responsibility for any of the following: (a) damage done to your property as a result of using the Sharemation Service; (b) any breach of security of data you stored on the Sharemation Service. XYTHOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SHAREMATION SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF XYTHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. IN NO EVENT SHALL XYTHOS' LIABILITY EXCEED THE SERVICE FEES ACTUALLY PAID BY YOU FOR YOUR USE OF THE SHAREMATION SERVICE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Xythos assumes no liability for advertisements or communications between you and third parties who advertise on or through the Sharemation Service. Xythos cannot be responsible for and does not warrant any goods or services advertised by or purchased from any third parties on or through the Sharemation Service.

8. All Sharemation content, including text, graphics and sounds, scripts and software, and any other content, is protected by United States and international copyright laws and treaties, and may also be protected by patent, trademark, and other laws. You may not copy, modify, alter, or transmit such content without the express written permission of Xythos or the copyright owner.

9. Anytime any copyright infringement is alleged, Xythos will immediately remove the material in question.  If the party who posted the material in question is able to demonstrate that the material in question has violated no copyright or other material protection provisions and that they have reached an agreement with the complaining party and the complaining party agrees that an agreement has been reached (with a written affirmation), Xythos will allow the material to be re-posted.  Xythos will not be involved in any disagreement between the parties.  Xythos suggests that the parties in disagreement contact each other directly, as it will not act as an intermediary in any way.  All users of the site are obligated by this rule and by using the site agree to this and all other use provisions.

10.  Xythos reserves the right to terminate your access to the Sharemation Service at any time, with or without cause, at Xythos' sole discretion. After access is terminated, Xythos shall have no obligation to provide you access to the Sharemation Service, or to any data which you have stored, transmitted, distributed or published on or through the Sharemation Service.

11. Xythos reserves the right to change or discontinue the Sharemation Service at any time with or without notice to you. Xythos shall have no liability for changing, or discontinuing this service, and shall have no obligation to continue, reverse, or make further changes, or to provide you access to any data which you have stored, transmitted, distributed or published on or through the Sharemation Service should the service be discontinued.

12. Xythos may change these terms of service from time to time. You will be notified of such changes around the time they occur [using the e-mail address you have provided to Xythos].  Your use of the Sharemation Service after notification is sent shall signify your acceptance of the changed terms of service.

13. In the event that any provision of these Terms of Service or the application of any provision hereof is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect and this Agreement shall be interpreted as if such invalid provisions were omitted.

14. Any failure by Xythos to strictly enforce any provision of these Terms of Service shall not be construed as a continuing waiver or relinquishment thereof, and Xythos may at any time demand your strict and complete compliance therewith. Xythos shall not be bound by any waiver not signed by an authorized agent of Xythos.