Legal
Terms of Use
By using the Shustir.com web site ("Shustir" or the "Site"), a service of Shustir LLC, you (the "user" or "you") agree to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site.
Before you may become a member of Shustir, you must read and accept all the terms and conditions in, and linked to, this Agreement.
Shustir acts as a venue to allow users who comply with Shustir's policies to (1) offer, sell, and buy certain goods and services within a fixed price format, and (2) connect people around the world through various social utility functions. Shustir is not directly involved in the transactions between buyers and sellers or the communications and interactions between users. As a result, Shustir has no control over the quality, safety, morality or legality of any aspect of the goods or services listed, the truth or accuracy of the listings, the ability of sellers to sell items or provide services, or the ability of buyers to pay for items or the services. Shustir does not pre-screen users or the content or information provided by users. Shustir cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Shustir does not transfer legal ownership of items from the seller to the buyer. Shustir cannot guarantee the true identity, age, and nationality of a user. Shustir encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that Shustir is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Shustir. You use the Shustir service at your own risk.
1. Membership Eligibility
Age: Sellers who maintain a "storefront" on the Site and who offer goods and/or services ("Sellers") must be 18 years or older or have permission from a legal guardian. Any buyer of goods and/or services from a Seller ("Buyer") must also be 18 years or older or have permission from a legal guardian. Any user who is not a Seller or a Buyer (i.e. a user using the Site for its social networking functions) must be 13 years or older.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Shustir's policies as stated in the Agreement and these Shustir policy documents:
. Privacy Policy
. Copyright and Intellectual Property Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Shustir of any unauthorized use of your password or any breach of security. You also agree that Shustir cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Shustir account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Shustir's services are not available to temporarily or indefinitely suspended Shustir members. Shustir reserves the right, in Shustir's sole discretion, to cancel unconfirmed or inactive accounts. Shustir reserves the right to refuse service to anyone, for any reason, at any time.
2. Fees and Services
Joining and creating a storefront/profile on Shustir is free. Shustir charges a fee for its premium members. When you register you have an opportunity to review and accept the fees that you will be charged. Shustir's fee for premium members is subject to change. Shustir may, at Shustir's sole discretion, change some or all of Shustir's services at any time. In the event Shustir introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees associated with using Shustir. Shustir keeps Sellers' who are premium members valid credit card or other accepted payment information on file. If Shustir terminates your account, if you close your account, or if the payment of your Shustir fees cannot be completed for any reason, you remain obligated to pay Shustir for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Shustir.
3. Listing and Selling
Listing Description: By listing a good or service on the Site you warrant that you and all aspects of such good or service complies with Shustir's policies. You also warrant that you may legally sell such good or service. You must accurately describe your good or service and all terms of sale in your Shustir storefront. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that good or service. All goods and services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the goods and services for sale in that listing. If the "in stock" quantity for goods is more than one, all items in that listing must be identical. Each unique good must have its own listing.
Storefront Policies: All Sellers are urged to outline storefront policies for their Shustir storefront. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All storefront policies must comply with Shustir's site-wide policies. Sellers are responsible for enforcing their own reasonable storefront policies. Shustir reserves the right to request that a Seller modify a storefront policy.
Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for goods or services purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in for each good or service listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing goods. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the price after a sale for the purpose of avoiding Shustir transaction fees, misrepresent a good's location, or use another user's account without permission.
4. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Shustir and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Restricted Activities: Your Content and your use of the Site shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale provision of illegal, counterfeit or stolen goods or services
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, Shustir's Copyright and Intellectual Property Policy)
4. Violate this Agreement or any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain goods that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Shustir staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Shustir;
10. Appear to create liability for Shustir or cause Shustir to lose (in whole or in part) the services of Shustir's ISPs or other suppliers
11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Shustir.
Furthermore, you may not list any good or service on Shustir (or consummate any transaction that was initiated using Shustir's service) that, by paying to Shustir any fees, could cause Shustir to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
5. Content
License: Shustir does not claim ownership rights in your Content. You hereby grant Shustir a license solely to enable Shustir to use any information or Content you supply Shustir with, so that Shustir is not violating any rights you might have in that Content. You grant Shustir a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Shustir to store or re-format your Content on Shustir and display your Content on Shustir in any way as Shustir chooses. Shustir will only use personal information in accordance with Shustir's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Shustir user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Shustir-related communications. Shustir has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Shustir user to your email or physical mail list. For more information, see Shustir's Privacy Policy.
Re-Posting Content: By posting Content on Shustir, it is possible for an outside website or a third party to re-post that Content. You agree to hold Shustir harmless for any dispute concerning this use. If you choose to display your own Shustir-hosted image on another website, the image must provide a link back to its listing page on Shustir.
6. Information Control
Shustir does not control the Content provided by users that is made available on Shustir. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Shustir, you agree to accept such risks and that Shustir (and Shustir's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Shustir. Please use caution, common sense, and practice safe buying and selling when using Shustir.
Other Resources: Shustir is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Shustir does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Shustir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. Resolution of Disputes and Release
In the event a dispute arises between you and Shustir, please contact Shustir.
Should you have a dispute with one or more users, or an outside party, you release Shustir (and Shustir's officers, managers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Shustir encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Shustir, for the benefit of users, may try to help users resolve disputes. Shustir does so in Shustir's sole discretion, and Shustir has no obligation to resolve disputes between users or between users and outside parties. To the extent that Shustir attempts to resolve a dispute, Shustir will do so in good faith based solely on Shustir's policies. Shustir will not make judgments regarding legal issues or claims.
8. Shustir's Intellectual Property
SHUSTIR, and other Shustir graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Shustir LLC in the U.S. and/or other countries. Shustir's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9. Access and Interference
Shustir may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Shustir is updated on a real-time basis and is proprietary or is licensed to Shustir by Shustir's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Shustir for any purpose without Shustir's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Shustir's sole discretion, an unreasonable or disproportionately large load on Shustir's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in Shustir from the Site without the prior expressed written permission of Shustir and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Shustir's robot exclusion headers or other measures Shustir may use to prevent or restrict access to Shustir
10. Breach
Without limiting any other remedies, Shustir may, without notice, and without refunding any fees, delay or immediately remove Content, warn Shustir's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Shustir suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Shustir is unable to verify or authenticate any of your personal information or Content; Or Shustir believes that a user is acting inconsistently with the letter or spirit of Shustir's policies, has engaged in improper or fraudulent activity in connection with Shustir or the actions may cause legal liability or financial loss to Shustir's users or to Shustir.
11. Privacy
Except as provided in Shustir's Privacy Policy, Shustir will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Shustir stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
12. No Warranty
THE SITE, THE SERVICES, ANY APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND SHUSTIR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHUSTIR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES AND/OR ANY APPLICATIONS. SHUSTIR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
13. Limitation on Liability
IN NO EVENT WILL SHUSTIR OR ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF SHUSTIR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHUSTIR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHUSTIR FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL SHUSTIR'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SHUSTIR, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD SHUSTIR AND (AS APPLICABLE) SHUSTIR'S SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Shustir's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
16. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
17. No Agency
You and Shustir are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. Shustir Service
Shustir reserves the right to modify or terminate the Shustir service for any reason, without notice, at any time. Shustir reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Shustir will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Shustir's sole discretion, in good faith, and using common sense and reasonable judgment.
19. Choice of Law
This Agreement shall in all respects shall be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
20. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Shustir Attn: Legal Department; Shustir, LLC, P.O. Box 2355, Westport, CT 06880 (in the case of Shustir) or, in your case, to the email address you provide to Shustir (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Shustir may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Shustir. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Shustir's Copyright and Intellectual Property Policy.
Before you may become a member of Shustir, you must read and accept all the terms and conditions in, and linked to, this Agreement.
Shustir acts as a venue to allow users who comply with Shustir's policies to (1) offer, sell, and buy certain goods and services within a fixed price format, and (2) connect people around the world through various social utility functions. Shustir is not directly involved in the transactions between buyers and sellers or the communications and interactions between users. As a result, Shustir has no control over the quality, safety, morality or legality of any aspect of the goods or services listed, the truth or accuracy of the listings, the ability of sellers to sell items or provide services, or the ability of buyers to pay for items or the services. Shustir does not pre-screen users or the content or information provided by users. Shustir cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Shustir does not transfer legal ownership of items from the seller to the buyer. Shustir cannot guarantee the true identity, age, and nationality of a user. Shustir encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that Shustir is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Shustir. You use the Shustir service at your own risk.
1. Membership Eligibility
Age: Sellers who maintain a "storefront" on the Site and who offer goods and/or services ("Sellers") must be 18 years or older or have permission from a legal guardian. Any buyer of goods and/or services from a Seller ("Buyer") must also be 18 years or older or have permission from a legal guardian. Any user who is not a Seller or a Buyer (i.e. a user using the Site for its social networking functions) must be 13 years or older.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Shustir's policies as stated in the Agreement and these Shustir policy documents:
. Privacy Policy
. Copyright and Intellectual Property Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Shustir of any unauthorized use of your password or any breach of security. You also agree that Shustir cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Shustir account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Shustir's services are not available to temporarily or indefinitely suspended Shustir members. Shustir reserves the right, in Shustir's sole discretion, to cancel unconfirmed or inactive accounts. Shustir reserves the right to refuse service to anyone, for any reason, at any time.
2. Fees and Services
Joining and creating a storefront/profile on Shustir is free. Shustir charges a fee for its premium members. When you register you have an opportunity to review and accept the fees that you will be charged. Shustir's fee for premium members is subject to change. Shustir may, at Shustir's sole discretion, change some or all of Shustir's services at any time. In the event Shustir introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees associated with using Shustir. Shustir keeps Sellers' who are premium members valid credit card or other accepted payment information on file. If Shustir terminates your account, if you close your account, or if the payment of your Shustir fees cannot be completed for any reason, you remain obligated to pay Shustir for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Shustir.
3. Listing and Selling
Listing Description: By listing a good or service on the Site you warrant that you and all aspects of such good or service complies with Shustir's policies. You also warrant that you may legally sell such good or service. You must accurately describe your good or service and all terms of sale in your Shustir storefront. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that good or service. All goods and services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the goods and services for sale in that listing. If the "in stock" quantity for goods is more than one, all items in that listing must be identical. Each unique good must have its own listing.
Storefront Policies: All Sellers are urged to outline storefront policies for their Shustir storefront. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All storefront policies must comply with Shustir's site-wide policies. Sellers are responsible for enforcing their own reasonable storefront policies. Shustir reserves the right to request that a Seller modify a storefront policy.
Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for goods or services purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in for each good or service listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing goods. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the price after a sale for the purpose of avoiding Shustir transaction fees, misrepresent a good's location, or use another user's account without permission.
4. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Shustir and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Restricted Activities: Your Content and your use of the Site shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale provision of illegal, counterfeit or stolen goods or services
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, Shustir's Copyright and Intellectual Property Policy)
4. Violate this Agreement or any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain goods that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Shustir staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Shustir;
10. Appear to create liability for Shustir or cause Shustir to lose (in whole or in part) the services of Shustir's ISPs or other suppliers
11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Shustir.
Furthermore, you may not list any good or service on Shustir (or consummate any transaction that was initiated using Shustir's service) that, by paying to Shustir any fees, could cause Shustir to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
5. Content
License: Shustir does not claim ownership rights in your Content. You hereby grant Shustir a license solely to enable Shustir to use any information or Content you supply Shustir with, so that Shustir is not violating any rights you might have in that Content. You grant Shustir a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Shustir to store or re-format your Content on Shustir and display your Content on Shustir in any way as Shustir chooses. Shustir will only use personal information in accordance with Shustir's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Shustir user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Shustir-related communications. Shustir has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Shustir user to your email or physical mail list. For more information, see Shustir's Privacy Policy.
Re-Posting Content: By posting Content on Shustir, it is possible for an outside website or a third party to re-post that Content. You agree to hold Shustir harmless for any dispute concerning this use. If you choose to display your own Shustir-hosted image on another website, the image must provide a link back to its listing page on Shustir.
6. Information Control
Shustir does not control the Content provided by users that is made available on Shustir. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Shustir, you agree to accept such risks and that Shustir (and Shustir's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Shustir. Please use caution, common sense, and practice safe buying and selling when using Shustir.
Other Resources: Shustir is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Shustir does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Shustir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. Resolution of Disputes and Release
In the event a dispute arises between you and Shustir, please contact Shustir.
Should you have a dispute with one or more users, or an outside party, you release Shustir (and Shustir's officers, managers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Shustir encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Shustir, for the benefit of users, may try to help users resolve disputes. Shustir does so in Shustir's sole discretion, and Shustir has no obligation to resolve disputes between users or between users and outside parties. To the extent that Shustir attempts to resolve a dispute, Shustir will do so in good faith based solely on Shustir's policies. Shustir will not make judgments regarding legal issues or claims.
8. Shustir's Intellectual Property
SHUSTIR, and other Shustir graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Shustir LLC in the U.S. and/or other countries. Shustir's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9. Access and Interference
Shustir may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Shustir is updated on a real-time basis and is proprietary or is licensed to Shustir by Shustir's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Shustir for any purpose without Shustir's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Shustir's sole discretion, an unreasonable or disproportionately large load on Shustir's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in Shustir from the Site without the prior expressed written permission of Shustir and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Shustir's robot exclusion headers or other measures Shustir may use to prevent or restrict access to Shustir
10. Breach
Without limiting any other remedies, Shustir may, without notice, and without refunding any fees, delay or immediately remove Content, warn Shustir's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Shustir suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Shustir is unable to verify or authenticate any of your personal information or Content; Or Shustir believes that a user is acting inconsistently with the letter or spirit of Shustir's policies, has engaged in improper or fraudulent activity in connection with Shustir or the actions may cause legal liability or financial loss to Shustir's users or to Shustir.
11. Privacy
Except as provided in Shustir's Privacy Policy, Shustir will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Shustir stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
12. No Warranty
THE SITE, THE SERVICES, ANY APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND SHUSTIR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHUSTIR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES AND/OR ANY APPLICATIONS. SHUSTIR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
13. Limitation on Liability
IN NO EVENT WILL SHUSTIR OR ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF SHUSTIR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHUSTIR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHUSTIR FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL SHUSTIR'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SHUSTIR, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD SHUSTIR AND (AS APPLICABLE) SHUSTIR'S SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Shustir's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
16. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
17. No Agency
You and Shustir are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. Shustir Service
Shustir reserves the right to modify or terminate the Shustir service for any reason, without notice, at any time. Shustir reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Shustir will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Shustir's sole discretion, in good faith, and using common sense and reasonable judgment.
19. Choice of Law
This Agreement shall in all respects shall be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
20. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Shustir Attn: Legal Department; Shustir, LLC, P.O. Box 2355, Westport, CT 06880 (in the case of Shustir) or, in your case, to the email address you provide to Shustir (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Shustir may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Shustir. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Shustir's Copyright and Intellectual Property Policy.
Copyright Policy
Shustir LLC ("Shustir") has adopted the following general policy toward copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Shustir will respond to notices of this form from other jurisdictions as well. The address of Shustir's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Shustir will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Shustir removes or disables access in response to such a notice, Shustir will make a good-faith attempt to contact the user so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you will be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Shustir.
If you believe that material residing on or accessible through the Shustir web site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to the Designated Agent listed below. The notice must include the following information:
1. A physical signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail - not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent registration number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Shustir is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Shustir on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Shustir will inform the user of the reason for the removal and may provide the user with a copy of the notice and the notifying party's contact information.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Shustir's policy:
1. To remove or disable access to the material infringing upon the intellectual property;
2. To notify the user that Shustir has removed or disabled access to the material; and
3. That repeat offenders will have their infringing material removed from the system and that Shustir will terminate such users' access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you will be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Shustir.
If you believe that the material that was removed or to which access was disabled is either not infringing upon an intellectual property right, or you believe that you have the right to post such material from the intellectual property owner, the intellectual property owner's agent, or pursuant to the law, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The notice must contain the following information to the Designated Agent listed below.
1. Your physical signature (by fax or regular mail - not by email, except by prior agreement);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if your address is located outside the United States, for any judicial district in which Shustir is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Shustir may send a copy of the counter-notice to the original complaining party informing that person that Shustir may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Shustir's discretion.
Please contact Shustir's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Shustir LLC
Attn: Legal Department
P.O. Box 2355
Westport, CT 06880
E-mail: contact@Shustir.com
Shustir will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Shustir removes or disables access in response to such a notice, Shustir will make a good-faith attempt to contact the user so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you will be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Shustir.
If you believe that material residing on or accessible through the Shustir web site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to the Designated Agent listed below. The notice must include the following information:
1. A physical signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail - not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent registration number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Shustir is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Shustir on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Shustir will inform the user of the reason for the removal and may provide the user with a copy of the notice and the notifying party's contact information.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Shustir's policy:
1. To remove or disable access to the material infringing upon the intellectual property;
2. To notify the user that Shustir has removed or disabled access to the material; and
3. That repeat offenders will have their infringing material removed from the system and that Shustir will terminate such users' access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you will be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Shustir.
If you believe that the material that was removed or to which access was disabled is either not infringing upon an intellectual property right, or you believe that you have the right to post such material from the intellectual property owner, the intellectual property owner's agent, or pursuant to the law, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The notice must contain the following information to the Designated Agent listed below.
1. Your physical signature (by fax or regular mail - not by email, except by prior agreement);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if your address is located outside the United States, for any judicial district in which Shustir is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Shustir may send a copy of the counter-notice to the original complaining party informing that person that Shustir may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Shustir's discretion.
Please contact Shustir's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Shustir LLC
Attn: Legal Department
P.O. Box 2355
Westport, CT 06880
E-mail: contact@Shustir.com
Privacy Policy
Privacy Policy
Shustir LLC is committed to protecting your privacy. This privacy policy covers the use of the Shustir web site at www.Shustir.com ("Site") including how Shustir treats personal information that Shustir collects and receives from registered users’ of the Site . Pursuant to Shustir's Terms of Use, Sellers who maintain a "storefront" on the Site and who offer goods and/or services ("Seller") must be 18 years or older. Any buyer of goods and/or services from a Seller ("Buyer") must also be 18 years or older. Any user who is not a Seller or a Buyer (i.e. a user using the Site for its social networking functions) must be 13 years or older. We do not knowingly collect information on the Site from users under the age of 13. “Personal Information” in this Statement refers to data such as Name, or E-mail that can identify an individual.
Shustir LLC is a Licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization, whose mission is to build users’ trust and confidence in the internet by promoting the use of fair information practices. In an effort to demonstrate our commitment to your privacy, Shustir has elected to disclose its information practices, and have its privacy practices reviewed for compliance by TRUSTe.
Please direct all questions, or concerns pertaining to this Statement, or the Site to Shustir at support@shustir.com . Should your inquiry not receive acknowledgement within a reasonable time frame, or isn’t addressed to your satisfaction, please contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url. TRUSTe shall then work as a liaison with us to resolve your concerns.
INFORMATION COLLECTION AND USE
You can visit the Site without disclosing any of your information to Shustir. Our Site functions to provide a service [the Service] to users that requires providing personal information at certain points on the Site to take full advantage of our offerings. When visitors to the Site select to register an account, we require personal information to fulfill that request. We collect your email address to register your account on our Site and allow you to select a username and passcode by which to be identified on the Site. We do not share this registration information with any third parties for their promotional purposes.
When you register an account on the Site, Shustir provides users’ the opportunity to set up a profile. Please be aware that any personal information that you disclose in your profile is publicly available to other users’ of the Site and can be used to send you unsolicited messages. When you select to include a public profile on the Site, we collect your name, email address, physical address of your business and phone number to create the profile. We also provide you the resources to include other preferential information and media pertinent to your business profile on the Site. This information can be viewed by other users’ of the Site, and while Shustir is not liable for the personal information you select to include within your public profile, we have established safeguards to protect your information including, requiring any comments or emails to be between registered users. Please be aware this disclosure pertains to the information you select to include in blogs, or other forums on the Site.
When you select to invite a friend to view the Site, we collect this third party email information to send your friend a one-time email with your invitation. Shustir will send you service-related announcements on rare occasions when it is necessary to do so.
When you opt for a premium membership to the Site, we shall collect your sensitive financial information to facilitate your payment. We use a payment processor to process payments made on the Site for the Service.
None of the personal information collected on the Site is shared with third parties for their promotional purposes.
INFORMATION SHARING
We may be legally obligated to disclose information about the Site to third parties, or law enforcement under certain circumstances, such as in the event of illegal activity on the Site. Shustir LLC, reserves the right to disclose information to its service providers, law enforcement, or other government agencies, in the event of a formal request such as in responding to a civil suit, judicial proceeding, court order or subpoena, as Shustir, in our sole and absolute discretion, deem necessary and appropriate.
The Site uses a third party agent to host our Site. We also use a third party agent to process payments for the Service made on the Site. None of these third party agents is authorized to use your personal information for any purpose beyond servicing your requests on our behalf.
In the event of a sale, merger or acquisition of some or all of Shustir’s assets, your personal information could be party to the transferred assets. In such an event, we would notify you by email of your choices pertaining to the information practices that would govern your information henceforth.
We also share aggregated non-personal information about users’ of the Site with third parties.
ACESS, CHOICE & OPT-OUT.
Shustir will send you a welcome/confirmation email when you register an account. Receipt of this email is required for using Shustir's services. Shustir will send you service-related announcements on rare occasions when it is necessary to do so. You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@Shustir.com from the email address you signed up. Shustir does not send our users’ promotional emails. You can access your personal information by logging into your account, at which point you can modify your preferences at your discretion.
COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site's computers and stored on your computer's hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Shustir products or services that require you to "sign in" and you may not be able to take full advantage of the Shustir service. Shustir sets a cookie when you interact with the Site. We use cookies for a number of purposes, including to: Access your information when you "sign in"; keep track of preferences you specify while you are using Shustir's services; display the most appropriate advertising banners, based on your interests and activity on Shustir; estimate and report Shustir's total audience size and traffic; conduct research to improve Shustir's content and services. We do not tie your personal information to the information contained within our cookies.
Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our Site, to help us administer our Site and improve its quality. Such third parties may use cookies to help track visitor behavior-these cookies are not associated with personal information of our users’. Third party advertisers serving ads on our Site may also set cookies. We do not have access to, nor are we responsible for the third party advertisers’ use of cookies on the Site.
FORUMS.
If you use forums or blogs on this Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by others to send you unsolicited messages. Shustir is not responsible for the personally identifiable information you choose to submit in these forums.
LINKS TO OTHER SITES
Except as otherwise expressly included in this Privacy Policy, this Statement addresses only the use and disclosure of information Shustir collects from you. We provide links to other web sites on our Site. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. Shustir does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Shustir encourages you to read the privacy statements of third party sites before disclosing your personal information.
SECURITY
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) for registration Shustir encrypts that information using secure socket layer technology (SSL). Shustir follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Shustir receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Shustir strives to use commercially acceptable means to protect your personal information, Shustir cannot guarantee its absolute security. If you have any questions about security on Shustir's web site, you can email Shustir at support@Shustir.com.
NOTIFICATION & CONTACT INFORMATION
If the privacy policy is changed, Shustir will post changes so that you are aware of those changes. Shustir reserves the right to modify this privacy statement at any time, so please review it frequently. If Shustir makes material changes to this policy you will be notified here, by email, or other places Shustir deems appropriate. If you have questions, or suggestions, you can contact support@Shustir.com.
By Mail: P.O. Box 2355 Westport, CT 06880.
Last Updated: March.12th.2009.
Shustir LLC is committed to protecting your privacy. This privacy policy covers the use of the Shustir web site at www.Shustir.com ("Site") including how Shustir treats personal information that Shustir collects and receives from registered users’ of the Site . Pursuant to Shustir's Terms of Use, Sellers who maintain a "storefront" on the Site and who offer goods and/or services ("Seller") must be 18 years or older. Any buyer of goods and/or services from a Seller ("Buyer") must also be 18 years or older. Any user who is not a Seller or a Buyer (i.e. a user using the Site for its social networking functions) must be 13 years or older. We do not knowingly collect information on the Site from users under the age of 13. “Personal Information” in this Statement refers to data such as Name, or E-mail that can identify an individual.
Shustir LLC is a Licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization, whose mission is to build users’ trust and confidence in the internet by promoting the use of fair information practices. In an effort to demonstrate our commitment to your privacy, Shustir has elected to disclose its information practices, and have its privacy practices reviewed for compliance by TRUSTe.
Please direct all questions, or concerns pertaining to this Statement, or the Site to Shustir at support@shustir.com . Should your inquiry not receive acknowledgement within a reasonable time frame, or isn’t addressed to your satisfaction, please contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url. TRUSTe shall then work as a liaison with us to resolve your concerns.
INFORMATION COLLECTION AND USE
You can visit the Site without disclosing any of your information to Shustir. Our Site functions to provide a service [the Service] to users that requires providing personal information at certain points on the Site to take full advantage of our offerings. When visitors to the Site select to register an account, we require personal information to fulfill that request. We collect your email address to register your account on our Site and allow you to select a username and passcode by which to be identified on the Site. We do not share this registration information with any third parties for their promotional purposes.
When you register an account on the Site, Shustir provides users’ the opportunity to set up a profile. Please be aware that any personal information that you disclose in your profile is publicly available to other users’ of the Site and can be used to send you unsolicited messages. When you select to include a public profile on the Site, we collect your name, email address, physical address of your business and phone number to create the profile. We also provide you the resources to include other preferential information and media pertinent to your business profile on the Site. This information can be viewed by other users’ of the Site, and while Shustir is not liable for the personal information you select to include within your public profile, we have established safeguards to protect your information including, requiring any comments or emails to be between registered users. Please be aware this disclosure pertains to the information you select to include in blogs, or other forums on the Site.
When you select to invite a friend to view the Site, we collect this third party email information to send your friend a one-time email with your invitation. Shustir will send you service-related announcements on rare occasions when it is necessary to do so.
When you opt for a premium membership to the Site, we shall collect your sensitive financial information to facilitate your payment. We use a payment processor to process payments made on the Site for the Service.
None of the personal information collected on the Site is shared with third parties for their promotional purposes.
INFORMATION SHARING
We may be legally obligated to disclose information about the Site to third parties, or law enforcement under certain circumstances, such as in the event of illegal activity on the Site. Shustir LLC, reserves the right to disclose information to its service providers, law enforcement, or other government agencies, in the event of a formal request such as in responding to a civil suit, judicial proceeding, court order or subpoena, as Shustir, in our sole and absolute discretion, deem necessary and appropriate.
The Site uses a third party agent to host our Site. We also use a third party agent to process payments for the Service made on the Site. None of these third party agents is authorized to use your personal information for any purpose beyond servicing your requests on our behalf.
In the event of a sale, merger or acquisition of some or all of Shustir’s assets, your personal information could be party to the transferred assets. In such an event, we would notify you by email of your choices pertaining to the information practices that would govern your information henceforth.
We also share aggregated non-personal information about users’ of the Site with third parties.
ACESS, CHOICE & OPT-OUT.
Shustir will send you a welcome/confirmation email when you register an account. Receipt of this email is required for using Shustir's services. Shustir will send you service-related announcements on rare occasions when it is necessary to do so. You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@Shustir.com from the email address you signed up. Shustir does not send our users’ promotional emails. You can access your personal information by logging into your account, at which point you can modify your preferences at your discretion.
COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site's computers and stored on your computer's hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Shustir products or services that require you to "sign in" and you may not be able to take full advantage of the Shustir service. Shustir sets a cookie when you interact with the Site. We use cookies for a number of purposes, including to: Access your information when you "sign in"; keep track of preferences you specify while you are using Shustir's services; display the most appropriate advertising banners, based on your interests and activity on Shustir; estimate and report Shustir's total audience size and traffic; conduct research to improve Shustir's content and services. We do not tie your personal information to the information contained within our cookies.
Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our Site, to help us administer our Site and improve its quality. Such third parties may use cookies to help track visitor behavior-these cookies are not associated with personal information of our users’. Third party advertisers serving ads on our Site may also set cookies. We do not have access to, nor are we responsible for the third party advertisers’ use of cookies on the Site.
FORUMS.
If you use forums or blogs on this Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by others to send you unsolicited messages. Shustir is not responsible for the personally identifiable information you choose to submit in these forums.
LINKS TO OTHER SITES
Except as otherwise expressly included in this Privacy Policy, this Statement addresses only the use and disclosure of information Shustir collects from you. We provide links to other web sites on our Site. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. Shustir does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Shustir encourages you to read the privacy statements of third party sites before disclosing your personal information.
SECURITY
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) for registration Shustir encrypts that information using secure socket layer technology (SSL). Shustir follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Shustir receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Shustir strives to use commercially acceptable means to protect your personal information, Shustir cannot guarantee its absolute security. If you have any questions about security on Shustir's web site, you can email Shustir at support@Shustir.com.
NOTIFICATION & CONTACT INFORMATION
If the privacy policy is changed, Shustir will post changes so that you are aware of those changes. Shustir reserves the right to modify this privacy statement at any time, so please review it frequently. If Shustir makes material changes to this policy you will be notified here, by email, or other places Shustir deems appropriate. If you have questions, or suggestions, you can contact support@Shustir.com.
By Mail: P.O. Box 2355 Westport, CT 06880.
Last Updated: March.12th.2009.
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