User Agreement for Lostings, Inc.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement.
Description of Service
Lostings Inc. provides users with a unique online resource for the purpose of reuniting lost properties with their respective owners (the "Service"). Using algorithms to connect those who lost an item to those who have found a similar item, Lostings, Inc. provides a unique approach in which individuals can search or input lost or found property to facilitate contact with other individuals in possession or with information regarding a lost or found object.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Lostings Inc. users. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the required forms, the "Reporting Page Data" and (b) maintain and promptly update the Reporting Page Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lostings, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lostings, Inc. has the right to terminate your listing and refuse any and all current or future use of the Service (or any portion thereof).
Our web site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. While you have the right at any time to opt-out of receiving any information from us, it is impossible for us to monitor e-mail or other communications received by you from third parties that, at your request or with consent, previously received such contact information from us.
Password and Security
Your email address and password is required for the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lostings, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lostings, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Lostings, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Lostings, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lostings, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an Lostings, Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, post, email, transmit or otherwise make available any material that contains embedded images; and interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and intentionally or unintentionally violate any applicable local, provincial, national or international law.
You acknowledge that Lostings, Inc. shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Lostings, Inc. shall have the right to remove any material it deems objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Lostings, Inc. or submitted to Lostings, Inc.
You acknowledge and agree that Lostings Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of Lostings, Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Special Admonitions For International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Lostings, Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Lostings, Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on Lostings, Inc., the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Lostings, Inc. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Lostings, Inc. removes such Content from the Service With respect to photos, graphics, or video you submit or make available for inclusion on Lostings, Inc., the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Lostings, Inc. removes such Content from the Service.
With respect to Content other than photos, graphics, or video you submit or make available for inclusion on Lostings, Inc., the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold Lostings, Inc., and its parent company, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, or your violation of any rights of another.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use And Storage
You agree that Lostings, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Lostings, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications To Service
Lostings, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lostings, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Lostings, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Lostings, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Lostings, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Lostings, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lostings, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lostings, Inc. has no control over such sites and resources, you acknowledge and agree that Lostings, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lostings, Inc. 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Lostings, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Lostings, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Lostings, Inc. for use in accessing the Service.
The User Agreement constitutes the entire agreement between you and Lostings, Inc. and governs your use of the Service, superceding any prior agreements between you and Lostings, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The User Agreement and the relationship between you and Lostings, Inc. shall be governed by the laws of the state of Texas and the United States without regard to its conflict of law provisions. You and Lostings, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas, United States. The failure of Lostings, Inc. to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
When you list an item you have an opportunity to review and accept the fees that you will be charged [should you elect to use a Premium Service in conjunction with our listing services]. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. There are no refunds. All sales are final. If you have any further concerns regarding a refund, please contact us at email@example.com
All Points Bulletin (APB)
Lostings, Inc. maintains a significant database of contact information for local resources, such as animal shelters, [police departments], and [others] ("Local Resources"), based upon information provided to ILF by such Local Resources. ILF will make diligent efforts to forward the description of your loss and contact information to all relveant Local Resources. ILF shall not, however, be responsible for updating or correcting any erroneous or out of date information or addresses provided to ILF by Local Resources.
You should always first contact the organization, venue or local animal shelter, as applicable, most likely to be in possession of your lost property and use our site as a supplemental means of locating such property. Furthermore, although we are commonly referred to as an online lost and found web site, it is important to realize that we are not a traditional "lost and found." Instead, our site acts as a venue to allow anyone to list, and search for lost and found objects, at anytime, from anywhere. We do not have an inventory of lost and found objects. We are not involved in the actual exchange of lost and found objects or information. As a result, we have no control over the quality, safety or legality of the items advertised, or the truth or accuracy of the listings. We cannot ensure that an Lostings Inc. user will actually complete an exchange, nor can we ensure that users will act lawfully and in good faith. Lostings, Inc. is not responsible for any fraud or other unlawful activity of users of the site.
Each person is responsible for his or her own safety and in taking reasonable precautions to ensure his or her own safety. Please use caution and common sense when using our site. Please note that there are risks of dealing with people acting under false pretense. Do not, under any circumstances, send money to any person requesting payment to return lost property. Please report any suspicious activity to your local police department.
WE URGE THAT EXCHANGES OCCUR ONLY AT SECURE LOCATIONS SUCH AS LOCAL POLICE DEPARTMENTS OR ANIMAL SHELTERS.
Since user verification on the Internet is difficult, Lostings, Inc. cannot and does not confirm each user's purported identity.
The matching service is used for matching a corresponding found object with the lost object listed. Because of the limitations of a particular description, it is possible for the automated service to omit a possible match. For example, errors in a found listing's zip code, breed of animal, or other description of property will interfere with the matching process. The matching service will also not work if the found ad is incorrectly placed, or put in the wrong category. In addition, the matching service only provides matching for the period designated, and not for prior periods. If you wish to match a lost object with a found object from the found area in a prior period (before your lost listing commenced), you will need to search the found listings manually. You will make the final determination whether an object is a valid match. The matching service will send the user information about near "matches" by email.
In addition, any item that is listed on the site will be sent to all perspective establishments where available and where accepted by such entities.
Notifications will be sent to users that have posted a found items, whether it be a business or individual. Notifications will be sent every 24 hour period, until an item is recovered or a user decides to opt out of email notifications.
Notifications will be sent to users that match a certain criteria within a distance, location and categories that are selected.
Any rewards promised in a lost listing ("Rewards") are solely the responsibility of the listing person. You acknowledge that Lostings, Inc. is not responsible for and cannot guarantee or otherwise facilitate the payment of Rewards.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken Lostings, Inc. to collect our fees and/or recover damages for, or obtain an injunction relating to, Lostings, Inc. site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Better Business Bureau. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in The State of Texas, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Lostings, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or Lostings, Inc. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOSTINGS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LOSTINGS, INC. MAKES NO WARRANTY, REPRESENTATIONS AND CONDITIONS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOSTINGS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
e. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOSTINGS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOSTINGS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) LOSS OR DAMAGE TO PERSONAL PROPERTY RETURNED THROUGH A TRANSACTION ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
g. BY ENTERING THIS SITE, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT (A) LOSTINGS, INC. NEITHER GUARANTEES NOR INSURES THE RETURN OF ANY LOST ITEM OR THE CONDITION OF ANY LOST ITEM THAT MAY BE RETURNED TO YOU, (B) LOSTINGS, INC., INC. IS NOT AN INSURANCE, SURETY, BONDING OR INDEMNITY COMPANY, (C) LOSTINGS, INC. HAS NOT MADE ANY EXPRESS OR IMPLIED WARRANTY CONCERNING THE RETURN OR CONDITION OF ANY LOST ITEM, (D) LOSTINGS, INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL AND CONSEQUENTIAL DAMAGES, THAT YOU MAY SUSTAIN OR INCUR AS A RESULT OF THE DELIVERY OR NON-DELIVERY OF ANY LOST ITEM, (E) LOSTINGS, INC. SHALL NOT BE LIABLE IF, THROUGH FRAUD, DECEIT OR OTHER MEANS, A PERSON OR PERSONS FALSELY CLAIMING TO HAVE LOST A PARTICULAR ITEM OBTAIN SUCH ITEM THROUGH USE OF THIS SITE, (F) THE SERVICES OFFERED BY THIS SITE ARE SUBJECT TO, AND LIMITED BY, THE FEDERAL, STATE, PROVINCIAL, MUNICIPAL AND LOCAL LAWS OF YOUR JURISDICTION, AND (G) LOSTINGS, INC. SHALL BE LIABLE FOR NO REWARD OR COMPENSATION WHATSOEVER TO THE FINDER OF ANY LOST OBJECT.
h. LOSTINGS, INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL AND CONSEQUENTIAL DAMAGES, THAT YOU MAY SUSTAIN OR INCUR AS A RESULT OF THE DELIVERY OR NON-DELIVERY OF ANY LOST OR FOUND ITEM.