Terms of Service
Welcome to the Side by Side Project website located at www.sidebysideproject.com (the "Site"). These Terms of Service govern your use of the Site and its contents. The terms “Shift 1,” "we," "us" and "our" refer to Shift 1, Inc.
1. Age of Users
Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Service on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site.
2. Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
4. Changes to the Site
We may discontinue or change any Site content, service, function or feature at any time with or without notice.
5. Proper Use of This Site
You may use Shift 1 for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Site.
6. Proprietary Rights
You acknowledge that Shift 1 retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and Shift 1 reserves all rights not expressly granted hereunder. You may not copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related content. Without limiting the foregoing, you may “share” the videos solely by using the “share” functionality within the Site. You shall promptly notify Shift 1 in writing upon your discovery of any unauthorized use or infringement of the Service or Shift 1's copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, Shift 1 may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
7. Objectionable Material
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Shift 1 shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that Shift 1 does not guarantee their accuracy.
8. Changes to the Terms of Service
We may change the Terms of Service at any time. You can review the most current version of the Terms of Service by clicking on the Site's "Terms of Service" link. If you continue to use this Site after we make changes to the Terms of Service, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning Shift 1 or this Site electronically, including notice to any email address that you may provide.
10. Third Party Sites
Shift 1 may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. We are also not responsible for any transactions or dealings between you and any third party. You agree that Shift 1 is not responsible for any claim or loss due to a third party site or any advertiser.
11. Disclaimer of Warranties
We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states and jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
12. Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
15. Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of California and United States federal law govern these Terms of Service, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of California in the city of San Francisco, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.]
16. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms of Service or any rules or guidelines posted on the Site or for any other reason in our discretion. Version Date: May 18, 2018