Sharendipity's General Terms and Conditions of Use

Sharendipity appreciates and encourages your use of Sharendipity.com (the "Site"). Please read the following terms and conditions ("Terms and Conditions") carefully before using this Site as the use of this Site constitutes your acceptance of these Terms and Conditions. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. If you do not agree to abide by these Terms and Conditions, please do not use the Site.

1. What We Provide. Sharendipity is the fun and easy way to create custom, interactive web applications. We provide a collaborative platform for constructing, distributing and discovering games and interactive media applications. Our goal is to let you explore your creative ideas for interactive media without getting bogged down in the details of software development. You have the option of keeping the applications that are completely your own creations (and that do not include components that may belong to anyone else) that you create within Sharendipity for your private use, or posting them online for others to use and interact with; further, you have the option of embedding your creations anywhere on the web. In addition, you can also modify the creations that you discover others have made available publicly on the Site. In the event you modify someone else?s work that is publicly available on the Site, you must make this work publicly available as well. Regardless, to use the games and/or educational materials on the Site, you must agree to Sharendipity?s Attribution, Noncommerical and ShareAlike License.

2. Restricted Content. Sharendipity wants our users to create in a safe, fun and friendly atmosphere. By using the Site you agree not to post pornographic, offensive, hateful, shocking, disgusting, harassing, threatening, insulting, obscene or unlawful content or content that infringes on trademarks or copyrights or other individual proprietary rights ("the Restricted Content."). You further agree not to alter or modify any part of the Site, including the embeddable player or any of the Site?s related technology. Sharendipity reserves the right, at its sole and exclusive discretion, to remove any content, including but not limited to Restricted Content, posted on the Site.

3. Third-Party Sites. This Site may be linked to other sites that are not maintained by Sharendipity ("Third-Party Sites"). If you use any of the Third-Party Sites, you will leave this Site. Sharendipity is not responsible for the content of the Third-Party Sites. Links to Third-Party Sites do not constitute an endorsement from Sharendipity or that any Third-Party Site is authorized to use any trademark, trade name, logo or copyrighted material of Sharendipity. It is your responsibility to evaluate the content and usefulness of the Third-Party Sites. If you decide to visit any of the Third-Party Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

4. Copyright and Trademark. The copyrights for the on-line games and other interactive media applications on the Site are owned by their creators. For example, without having to register with the U.S. Copyright office, you own the copyright to any applications that you create on the Site that are not based on someone else?s preexisting work, or a component of that work. Use of the Site, however, requires that you, and anyone else who owns the copyright to applications created and used on the Site, license those applications that you make publicly available on the Site to other Users and Subscribers of the Site to use, reproduce, modify and distribute that work consistent with the terms of the Site?s License. Similarly, because you may also post applications created on the Site to third party websites, and because others can modify and distribute your applications on other websites, the terms of Sharendipity?s Attribution, Noncommerical and ShareAlike License follow those applications, regardless of their location. you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the site to use all patent, trademark, copyright or other proprietary rights in and to any and all games and/or other applications that you have any role in creating. Sharendipity does not permit copyright or trademark infringing activities on the Site and will remove, without notice if necessary, any games and/or other applications that may infringe on another?s intellectual property rights. While Sharendipity encourages you to use the name, logo and the Site?s embeddable player on other web pages, you should be aware that any unauthorized downloading or distribution of any other material protected by patents, copyrights, trademarks, service marks or trade dress from this Site, without the owner's permission, is strictly prohibited. Sharendipity?s Attribution, Noncommerical and ShareAlike License does not govern the licensing of trademarks, service marks or other types of intellectual property.

5. Copyright complaints. Sharendipity respects the intellectual property of others. If you believe that any Application or Derivative Application available on the Site or made available through an embedded link on another webpage has been copied in any way that constitutes copyright infringement, please follow Sharendipity?s Procedure for Making Claims of Copyright Infringement. Likewise, if you believe that any Application or Derivative Application you have posted on the Site has been removed in error pursuant to such a claim of copyright infringement, please follow the instructions for filing a counter notification to Sharendipity at the same URL.

6. Laws and Jurisdiction. This Site is controlled, maintained, and serviced by Sharendipity within the State of Wisconsin, United States of America. Sharendipity controls and operates this Site from its headquarters in Madison, Wisconsin, United States of America. Those who choose to access this Site from other locations do soon their own initiative and are responsible for compliance with applicable local laws. This Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Wisconsin, by accessing this Site both you and Sharendipity agree that the statutes and laws of the State of Wisconsin, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site. You and Sharendipity also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of the Circuit Court of Dane County, Wisconsin, or the United States District Court for the Western District of Wisconsin with respect to all matters relating to the use of this Site.

7. Entire Agreement. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions and the accompanying Attribution, Noncommercial, ShareAlike License constitute the entire agreement between you and Sharendipity relating to the use of this Site and it cannot be modified orally by any representative of Sharendipity. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and Sharendipity. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

8. Access. Sharendipity reserves the right, at its sole discretion, to restrict access to the site or terminate your account at any time, without notice or liability.

9. Warranty Exclusions. SHARENDIPITY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO (1) THE ACCURACY, COMPLETENESS, RELIABILITY, USE OF OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT AND THIRD-PARTY SITES, (2) THE AVAILABILITY FOR USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR ON THIS SITE, (2) WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (4) WHETHER ANY MATERIALS OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS CONTENT AND THIRD-PARTY SITES SHALL BE AT YOUR SOLE RISK. SHARENDIPITY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, BUT WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SHARENDIPITY MAY MAKE ANY OTHER CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE.

WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS AND CONTENTAVAILABLE ON OR ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.

10. Limited Liability. NEITHER SHARENDIPITY NOR ANYONE WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, USE OF (OR YOUR INABILITY TO USE), OR RELIANCE ON THIS SITE, ANY OF THE CONTENTS OF THIS SITE OR ANY THIRD-PARTY SITES, EVEN IF THERE IS NEGLIGENCE OR SHARENDIPITY OR AN AUTHORIZED SHARENDIPITY REPSRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. Sharendipity's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this Site.

11. Indemnification. ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ENTITY'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY, AND HOLD SHARENDIPITY, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL (1) LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION BY SUCH PERSON OR ENTITY RELATING TO THAT PERSON'S OR ENTITY'S USE OF THIS SITE AND (2) ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY SUCH PERSON OR ENTITY.

Sharendipity reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by Sharendipity, you should review this page each time you connect to the Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.