USAisle User Agreement
This USAisle User Agreement (the “Agreement”) describes the terms and conditions between USAisle (“USAisle”) and the user (“Customer”) that accesses and uses USAisle’s services. The following terms of this Agreement govern Customer’s use of the USAisle website or any services provided by USAisle.
- Acceptance of the Agreement. Customer has agreed and accepted the terms of this Agreement by using the USAisle website and other services provided by USAisle. By accepting this Agreement, Customer represents the following: (i) Customer is eighteen (18) years old or older (if not a legal entity), (ii) Customer is authorized to accept, empowered to act and bind the legal entity using the services or website, and (iii) is authorized to enter into contracts under applicable law. Activation of any service shall also indicate Customer’s acceptance of this Agreement with USAisle. Activation of any service or acceptance of this Agreement does not obligate USAisle to provide use or access to any or all services and such access to be provided at the sole and absolute discretion of USAisle.
- Pricing. The pricing is provided in the following USAisle URL: www.usaislecom and is subject to change by USAisle by providing thirty (30) calendar days’ notice.
- Privacy and Security.
3a. USAisle will use Customer’s information in accordance with privacy and security terms as set forth in this Section and Agreement. Any information, including but not limited to personal information or customer information may be collected and used by third parties. Customer agrees to provide accurate and complete information and provide USAisle with updates promptly including any changes to credit card numbers or address changes. USAisle and any of its suppliers, agents or subcontractors have the right to recover from Customer any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
3b1. As Customer uses USAisle’s servers, USAisle may automatically track certain information about Customer in log files. This information includes Customer’s IP address, the URL that was visited and which URL Customer’s click on next, which browser and operating system is being used. These log files are not linked to Customer’s personal information.
3b3. USAisle may require contact information in order for Customer to post messages on the message center or to use any other services. In the event that Customer is using a paid service, USAisle may collect Customer’s credit card number, expiration date, and billing information. USAisle may also transmit Customer’s credit card to partners, whom Customer specifically selects to receive this information.
3b4. USAisle may host stores on its website and also host powers stores hosted on other domains. These merchants use USAisle’s technology and infrastructure to power the presentation and transaction processing of their stores. USAisles hares with these merchants certain personally identifiable information necessary for their processing of transactions. Each merchant’s use of this personally identifiable information is subject to its own privacy practices.
3b5. USAisle does not sell, rent, trade or otherwise share any personally identifiable information about its users to any third party, except with Customer’s consent or for the specific purposes described in this Section and Agreement. Unfortunately, USAisle cannot ensure the absolute privacy of any personally identifiable user information. For example, USAisle may be forced to disclose information to government and/or law enforcement agencies or third parties under certain circumstances. In addition, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although USAisle make it a practice not to disclose any personally identifiable information to any third party, USAisle does not promise that Customer’s personally identifiable information or private communications will remain private.
3b6. USAisle may use Customer’s IP address to help diagnose problems with Customer’s server, and to administer USAisle’s web site. Customer’s IP address is also used to gather broad demographic information. Customer’s IP address may be used in order to enforce certain terms and policies under this Agreement.
3b7. USAisle may disclose Customer’s information to third parties or suppliers as necessary to complete Customer’s transactions. For example, during paid transactions USAisle may disclose Customer’s credit card number to third party processors in order to post the charge to Customer’s account.
3b8. USAisle may use service providers to help perform some of the services on its site.
3b9. This site contains links to many other sites. USAisle is not responsible for the privacy practices or the content of such web sites. Since USAisle does not control the privacy policies of third parties, such as but not limited to other online auction sites, Customer may be subject to the privacy customs and policies of that third party.
3b11. In the course of using the services at USAisle, Customer may be exposed to personally identifiable information of other users. Under no circumstances may Customer disclose personally identifiable information about another user to any third party without the consent of USAisle and the consent of such other user. USAisle does not tolerate spam, and USAisle reserves the right to suspend the registration of any user who sends unsolicited email to our other users.
- USAisle Website and Services.
4a. License. Conditioned upon compliance with the terms and conditions of the Agreement, Customer grants USAisle a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable right to exercise the copyright and publicity rights of Customer in any information provided by Customer in any form (regardless of medium) for the purpose of USAisle to provide its services to Customer. USAisle will use the information provided by Customer according to the Privacy and Security terms in Section 3. The parties agree that the information provided by Customer may be collected and used by third parties.
4b. Limited Agency. Customer authorizes USAisle to access third-party marketplaces with which Customer has usage agreements on behalf of Customer for the purposes of posting and retrieving information. Customer acknowledges that the services provided by USAisle may not provide all the functionalities that Customer could obtain directly from the various marketplaces. Customer appoints USAisle as Customer’s limited agent for this purpose. Customer permits USAisle to use such retrieved information and materials to accomplish the foregoing and to communicate with third parties directly on Customer’s behalf.
- USAisle Proprietary Material Content.
5a. Copyright Material Content and License Grant. Any information made available by USAisle to Customer, including but not limited to software, documentation proprietary ideas, methods, processes or other technology (collectively, “Material Content”) is the copyrighted work of USAisle and/or its suppliers. Customer’s use of the Material Content is governed by the terms of this Agreement and any separate end user license agreement, which accompanies or is included with the Material Content (“License Agreement”). Customer agrees that it will not use or install any Material Content that is accompanied by or includes a License Agreement unless Customer first agrees to the License Agreement terms. By using the Material Content, Customer represents that it has agreed to bind itself to the Agreement and any License Agreement(s).
For any Material Content that is not accompanied by a License Agreement, USAisle grants Customer a nontransferable, personal and non-exclusive license to use the specific Material Content for internal business purposes and only to use the USAisle website in accordance with the terms of this Agreement. Customer agrees to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of the Material Content in the same form and manner that such copyright and other proprietary notices are included on the Material Content.
Customer agrees to not reverse engineer or decompile, decrypt, disassemble or otherwise reduce the software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that USAisle is legally required to permit such specific activity pursuant to any applicable open source license.
5b. Intellectual Property for the Material Content. The Material Content is owned by USAisle and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Material Content (without written authorization from USAisle) is expressly prohibited by law, and may result in severe civil and criminal penalties and violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Material Content to any other server or location for further reproduction or redistribution is expressly prohibited.
- Stores Policy.
6a. USAisle and its services and website are simply a venue to negotiate and complete transactions and ’s services are not involved in the actual transaction between buyers and sellers. Accordingly, USAisle has no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. Additionally, USAisle cannot ensure that a buyer or seller will actually complete a transaction.
6b. USAisle is not involved in the actual transaction between buyers and sellers. If Customer has a dispute with one or more users, Customer releases USAisle and its officers, directors, agents, subsidiaries and employees from 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. As applicable, Customer waives California Civil Code §1542 (and similar statutes in other jurisdictions), which provides: ‘A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
6c. Customer may not use or manipulate this service for any fraudulent activity or purpose including illegal gambling. USAisle’s site and its services may be used only for lawful purposes and in a lawful manner. Customer agrees to comply with all applicable laws, statutes, and regulations. Customer may not register under a false name or use an invalid or unauthorized credit card. Customer may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and USAisle will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
6d. Items sold on the USAisle’s site must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold include: Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity. Packaged food that meets all applicable federal, state, and local standards for sale to consumers is permitted. Pornography, X-rated movies, home porn, hard-core material including magazines that depict graphic sexual acts, amateur porn, soiled undergarments, sexual aid devices, and “adult-only” novelty items that are primarily sold through adult-only novelty stores and erotic boutiques are not permitted. Prophylactics and other over-the-counter contraceptives may be listed. Unrated erotic videos and DVDs properly censored erotic artwork and magazines of the type found at a typical bookstore are permitted. Items that contain nudity, graphic titles, or descriptions must be sufficiently concealed.
- Copyright Policy.
7a. Customer represents and warrants to USAisle: (a) that any content Customer submits does not violate the rights of any third parties including, without limitation, infringement or misappropriation of any applicable copyright, patent, trademark, trade secret, music, image, or other proprietary or intellectual property right, invasion of rights of privacy, false advertising, publicity or personality or unfair competition. Customer agrees that unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders’ rights. In USAisle’s sole discretion, USAisle may terminate the accounts of users who infringe copyright, or other intellectual property rights of third parties.
7b. Notice of Copyright Violation for Third Parties. Please contact USAisle immediately if Customer is a copyright holder who believes that USAisle service is hosting infringing copies of a third parties work. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), USAisle’s designated agent for notice of alleged copyright infringement appearing on USAisle’s site is:
7bi. Attention: Jo Baig
7bii. Email: firstname.lastname@example.org
7biii. Contact Address: 1830 Sannita Place, Pleasanton, Ca 94566
7c. Requirements for Notice of Copyright Infringement. To file a notice of infringement with USAisle, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 need to be provided. The information that should be provided to USAisle includes the following:
7ci. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and a description of the copyrighted work that is claimed to have been infringed;
7cii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7ciii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
7civ. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
7cv. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7cvi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Confidentiality. Customer agrees to refrain from using USAisle’s Confidential Information (as defined below) except as contemplated herein and preserve and protect the confidentiality of USAisle’s Confidential Information using the same measures that such party uses to protect its own confidential information, which in no event will be less than commercially reasonable measures. Neither party shall disclose any of the terms of this Agreement to any third party without the prior written consent of the other party, provided that Customer may disclose USAisle’s Confidential Information, and the terms or conditions of this Agreement, to such party’s agents, attorneys and other representatives or any court of competent jurisdiction. “Confidential Information” means all non-public information that is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential.
- Indemnity and Disclaimer.
9a. Indemnity. Customer will, at its own expense, indemnify, defend and hold USAisle and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (i) a third-party claims, actions or allegations of infringement, misuse or misappropriation based on information, data, files or other content submitted by Customer to USAisle; (ii) any fraud, manipulation, or other breach of this Agreement by Customer; (iii) any third-party claim, action or allegation brought against USAisle arising out of or relating to a dispute with Customer over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (iv) Customer’s violation of any law or the rights of a third party; or (v) Customer’s use of USAisle’s services or use of Customer’s account by any third party. USAisle will have the right to participate in its defense and hire counsel of its choice, at Customer’s expense. Customer will not settle any action or claims on USAisle behalf without the prior written consent of USAisle.
9b. Disclaimer and Limitation of Liability. USAisle provides its services “as is” and “as available” and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, condition of merchantability, fitness for a particular purpose, and non-infringement, satisfactory quality, non-interference, accuracy of informational content, or arising from a course of dealing, law usage or trade practice. USAisle will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by USAisle. USAisle makes no representations or warranty that the operation of USAisle site will be uninterrupted or error-free, and USAisle will not be liable for the consequences of any interruptions or errors. No advice or information from USAisle, whether oral or written, shall create any warranty not expressly stated in the Agreement.
- Limitation of Liability.
10a. USAisle and its officers, directors, subsidiaries and employees or it suppliers will not be liable for:
10ai. any loss of business, lost revenue, lost profits or goodwill, lost or damaged data, loss of capital, business interruption or for any indirect, special, incidental or consequential damages of any character, (however caused and regardless of the theory (including negligence) of liability or whether arising of the use or inability to use the services or otherwise) arising out of or in connection with this Agreement or the services provided by USAisle even if USAisle or its supplier is aware of the possibility of such damages, or
10aii. any damages that result in any way from Customer’s use or inability to use USAisle services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the USAisle services.
USAisle’s liability, and the liability of USAisle’s suppliers, to Customer or to any third parties in any circumstance is limited to the greater of (a) the amount of fees Customer has paid to USAisle during the preceding three (3) months preceding the event or circumstances giving to such liability, or (b) $200. This limitation of liability is cumulative and not per incident. This limitation applies notwithstanding any failure of essential purpose remedy and to the fullest extent permitted by law.
11a. Amendments to Services. USAisle may amend the terms and conditions of the services it provides at its sole discretion and at any time and such amendments shall be effective fifteen (15) calendar days after USAisle posts such amendments to its website. Customer may cancel registration (subject to payment of fees) by contacting USAisle. Continued use of the services and website by Customer signifies acceptance of the amended terms which shall be effective the date of posting on the website.
11b. Termination at USAisle Discretion. In USAisle’s discretion, USAisle may immediately issue a warning, temporarily suspend, or terminate Customer’s registration, and delete information that Customer has provided to USAisle if Customer breaches any provision of this Agreement. This Section does not limit any other remedies that may be available to USAisle.
11c. The Agreement shall remain effective until terminated by either party by providing five (5) days notice unless terminated by USAisle pursuant to Section 11 b.
11d. Modifications. Except as provided in Sections 2 and 11 a. of this Agreement, no modification, addition or deletion, or waiver of any of the terms and conditions of this Agreement will be binding on either party unless made in a non-preprinted agreement clearly understood by both parties to be a modification or waiver, and signed by a duly authorized representative of each party. USAisle may refuse to provide its services to Customer in its sole discretion, discontinue its services without notice at any time. USAisle will refund any prepaid amounts to Customer for the unused portion of the services if USAisle discontinues the use of the services. USAisle will not be liable to Customer or any third party for any termination of USAisle’s access to any hosting services.
11e. Agency. Except for the limited purpose stated in the ‘Limited Agency’ Section 4 b., Customer and USAisle are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
11f. Third Parties, Partner or Affiliated Companies. USAisle is not responsible or liable for any services, including shipping or tracking, offered by any partner, affiliated company or third party. Customer agrees that it will comply with the terms and conditions of all agreements Customer has with third parties, including providers of marketplaces, as such terms and conditions relate to use of USAisle’s services including terms and conditions related to types of products that may be sold or restrictions on concurrent sales.
11g. Governing Law. This Agreement will be governed by the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. The parties consent to the exclusive jurisdiction of, and venue in, the state and federal courts within Alameda County, California, U.S.A.
11h. Compliance with Laws. Customer agrees to comply with all applicable laws, statutes, ordinances and regulations in Customer’s use of USAisle services and access to its website.
11i. Export Compliance. Customer acknowledges that the Material Content, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. Customer shall comply with such laws and regulations governing export, re-export, transfer and use of the services provided pursuant to this Agreement and will obtain all required U.S. and local authorizations, permits, or licenses. Customer agrees to provide the other information, support documents, and assistance as may reasonably be required by USAisle in connection with securing authorizations or licenses.
11j. Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either Customer USAisle may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of Customer or USAisle pending the completion of arbitration.
11k. Attorney Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses.
11l. Waivers. The waiver by either party of any right provided under this Agreement shall not constitute a subsequent or continuing waiver of such right or of any other right under this Agreement.
11m. Severability. If any portion of this Agreement is held invalid, the parties agree that such invalidity will not affect the validity of the remaining portions of this Agreement.
11n. Entire Agreement. This Agreement is the complete agreement between the parties concerning the subject matter of this Agreement and replaces any prior oral or written communications between the parties, except as agreed between the parties. There are no conditions, understandings, agreements, representations, or warranties expressed or implied, that are not specified herein.
11o. Headings. Headings of sections have been added solely for convenience of reference and shall not be deemed part of this Agreement.
11p. Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, industry wide shortages of supplies, actions of governmental entities, riots, war, terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance.
11q. Assignment. This Agreement and Customer’s user names and passwords are not assignable, transferable or sublicensable by Customer without USAisle’s prior written consent, and any such conveyance will be null and void.
11r. Notices. All notices required or permitted under this Agreement will be in writing and will be deemed given one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery), with written verification of receipt. All communications will be sent to the addresses set forth on the Agreement or such other address as may be designated by a party by giving written notice to the other party pursuant to this paragraph. Notwithstanding the above, notices regarding general changes in pricing, policies or programs may also be by posting on the USAisle website or by e-mail or fax.
12. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about CorkSharing must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13. DMCA Policy
We respect the intellectual property of others and take the protection of copyrights and all other intellectual property seriously. We ask our users to do the same. Infringing activity will not be tolerated.
Due to the nature of our website and attendant services, it is impossible for us to screen all content that is submitted or posted. Additionally, we assume that all of our users — having read and agreed to our Terms of Service — can assure us that they hold a license or ownership interest in all content they submit.
If YOU (or someone you represent) are the owner or license holder in any content on our service posted that you believe infringes copyright law we would request that report it according to the procedures below so we may deal with the matter accordingly.
We use the copyright infringement procedures of the Digital Millennium Copyright Act. If you wish to report infringement. It is important that you follow the instructions below to ensure the matter is dealt with properly respecting the rights of all parties.
A. Proper Notice of Infringement
To notify us of suspected copyright infringement, please send a written notice as described below to our Copyright Agent. You should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice by User Alleged to Have Infringed
If you are a subscriber and action has been taken against your account due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent.
Your written response should include the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that action has been taken against and where that material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the Federal District Court for Delaware, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
USAIsle reserves the right to seek damages from any party that submits a knowingly submits a false notification of claimed infringement or counter notification in violation of the law.
Please send all notices required by this policy to our Copyright Agent:
In appropriate circumstances, we will terminate the accounts of users who are repeat copyright infringers.
If the report or response is incomplete or not completed according to the above instructions we may be unable to appropriately respond to you. In the event that we need to contact you to follow-up on information you have submitted or require clarification we reserve the right to contact you using the information you submit.
We may revise this policy at any time, including by posting a new version at this website.