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.
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:
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.
Joining and creating a storefront/profile on Shustir is free. Shustir charges an optional monthly fee of: i) $25 for its SuperSeller premium members (premium member), ii) $5 for its third party ad turn off and iii) those associated with showcasing members as a Featured Business. When you register you have an opportunity to review and accept the fees that you will be charged. Shustir's fees are 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' valid credit card or other accepted payment information on file for any fees charged. 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.
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.
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:
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.
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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Shustir: c/o Attn: Mr. John Hempill, Morrison Foerster, 1290 Avenue of the Americas, New York, NY 10104-0050 (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.