neigh*borrow terms, terms of use, terms of service, terms of
borrowing,
neigh*borrow.com's Terms of Use (TOU)
neigh*borrow is a venue site that allows registered users to inventory
their collection of books, CD’s, DVD’s, games and tools, electronics,
clothing, baby items, and other items and lend or borrow within their
“neigh*borrow-hood” of friends, physical neigh*borrow-hood, social or
work groups (the “Site” or “Service). The Site is owned and operated by
QRINK LLC (“QRINK”). This Agreement (the “Agreement”) is between you
and QRINK whether or not you create an account on the Site.
By completing the registration process and clicking on the “I Accept” or "JOIN" or
"JOIN THIS GROUP" button, you will become a registered user and agree
to be bound by the terms and conditions (“Terms”) of this Agreement.
If you do not agree to the Terms please do not use the Site or register
for the Service.
The Terms are subject to change, effective upon posting such on the
Site. At our sole discretion we may send such changes to account
holders via e-mail or regular mail. Continued use of the Site or
Service following the posting of any changes in this Agreement will
indicate acceptance by you of such changes.
1. Eligibility: By creating an account on the Site, you represent and
warrant that (a) you are 14 years of age or older; (b) all registration
information that you submit is truthful and accurate and you will
maintain the accuracy of such information; (c) your use of the Site or
Service does not violate any applicable law or regulation. QRINK
reserves the right to determine whether an individual is eligible for
the Service. Use of the Service is void where prohibited.
Account holders between the ages of 14 and 17 may sign up for a private
neigh*borrow-hood only.
2. Lending and Borrowing: The Service provides registered users the
ability to create an inventory of their collection of books, CD’s,
DVD’s, games and miscellaneous items and to lend and borrow from an
inventory within the same “neigh*borrow-hood.” QRINK does not verify a
user’s inventory, is not involved in the lending transaction, is not
the agent of either the lender or the borrower, does not have authority
over either and, therefore, is not responsible for any for any claims,
demands or damages that arise from any disputes between lenders and
borrowers. Likewise, borrower assumes all risk with regard to use of,
access to, pickup/delivery of and all other instances relating to the
"BORROWING." neigh*borrow does and will continue to to use proprietary
and third party means to HELP users determine suitablity for lending
and borrowing but is not respible in any way for the utilization of
these ratings. To achieve a good rating and continue as a registered
user of the Service, users are required to comply with the Service’s
lending and borrowing obligations as well as the Terms.
3. Account Password and Security: As part of the registration process,
you must select a password for access to your account. You shall be
responsible for maintaining the confidentiality of your password and
for all activities that occur under your account. You may be held
liable for losses incurred by QRINK or a third party due to use of your
password or account by someone else.
4. Appropriate Conduct and Content: You will comply with all applicable
laws and regulations regarding online conduct and content.
International users agree to comply all local rules regarding online
conduct and acceptable content including laws regulating the export of
data from the U.S. or your country of residence.
You are solely responsible for your conduct and any content (“Items”)
that you submit, post, and display on the Site. You promise not to
submit Items of any kind through your account that will: (1) violate
local, state, national and international laws and regulations, (2)
interfere with or disrupt the servers or networks; (3) mislead or
deceive; (4) violate, plagiarize, or infringe upon the rights of
others, including copyright, trademark, privacy or other personal or
proprietary rights; or, (5) contain libelous or otherwise unlawful
material.
Further prohibited activities include by way of example and not
limitation:
Modifying, adapting, translating or reverse engineering any portion of
the Site.
Removing any copyright, trademark or other proprietary rights notices
contained in or on the Site.
Collecting any information for unauthorized purposes.
Reformatting or framing any portion of the web pages that are part of
the Site.
Creating accounts by automated means or false or fraudulent pretenses.
Submitting content of any third-party without such third-party’s prior
written consent.
Creating a false identity in order to mislead others.
Lenders are required to provide and maintain an accurate description of
each Item submitted to the Service. QRINK may, but shall have no
obligation to review, modify, edit, or reject or remove any Item that
QRINK in its sole discretion believes is inappropriate or in violation
of this Agreement.
5. Updating Account Information: You may change your password, modify
your personal information or demographic information and change your
promotional e-mail preferences when you log into your account.
6. Non-commercial Use: The Service is for the personal use only and may
not be used in connection with commercial endeavors. Organizations,
companies and businesses should not use the Service or Site for any
purpose.
7. Proprietary Rights: By submitting, posting or displaying any
Materials on or through the Service, you automatically grant and
represent that you have the right to grant, to QR ink a worldwide,
non-exclusive, sublicenseable, transferable, royalty-free license to
use, copy, distribute, transmit, adapt, create derivative works of,
publicly perform and display such Materials.
QRINK owns and retains all rights in the Site, which contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. Except for that
information which is in the public domain or for which you have been
given written permission from QRINK, you may not copy, modify, publish,
transmit, distribute, perform, display or sell any such proprietary
information.
8. Privacy Policy and Security: Our Privacy Policy is
part of this Agreement. You understand and agree that QRINK may
disclose your personal information if required to do so by law, or if
we believe in good faith is necessary to comply with legal process,
enforce the terms of any agreements concerning the Site, respond to any
claims, protect the rights, personal safety or property of QRINK, its
officers or employees, affiliates or the public.
9. Disclaimers: QRINK LLC, its members, agents, employees, partners,
and consultants (QRINK) disclaim any and all responsibility and
liability for the conduct, whether online or offline, of any user of
the Site. QRINK is not involved in the actual lending transaction and
has no control over and does not guarantee the ability of a user to
lend or borrow or that a user will lend or borrow as promised.
QRINK disclaims any and all responsibility and liability for the
accuracy, quality, content, timeliness, completeness, legality,
reliability, operability or availability of the information, software,
products, or services or other materials contained on or available
through the Site, or that defects or errors will be corrected, or that
the content is free of other harmful components.
neigh*borrow SITE AND SERIVCE, AND ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND, “AS
AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QRINK
EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR
ORAL, FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Some states do not allow the exclusion or limitation warranties, so the
above disclaimers and exclusions may not apply to you.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.
10. Limitation of Liability: IN NO EVENT SHALL QRINK BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE, OR DELAY OR
INABLIITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR
SERVICES OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF QRINK HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, QRINK’s AGGREGATE LIABILITY TO YOU IN ANY
CIRCUMSTANCE IS LIMITED TO $100.00.
11. Links: The Site may provide, or third-parties may provide, links to
other World Wide Web sites or resources. QRINK has no control over such
sites and resources, you acknowledge and agree that QRINK 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.
12. Term of Service: The Agreement will remain in full force and effect
while you use the Site or Service.
13. Modifications and Changes: We reserve the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Site or Service (or any part thereof) with or without notice. You
agree that QRINK shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Site or Service.
14. Termination: You may cancel your registration in the Service at any
time by sending e-mail to remove@neigh*borrow.com. If by e-mail,
include your name and the Email address associated with your account.
We may in our sole discretion, and with or without notice, terminate
your account and your participation in the Service at any time and for
any reason.
You acknowledge and agree that upon cancellation or termination QRINK
is under no obligation to continue to publish your inventory and we may
immediately delete your profile and other information and bar current
or future use of the Service.
Our proprietary rights, indemnities, releases, disclaimer of
warranties, limitation of liability, force majeure, and miscellaneous
provisions shall survive any termination of your account.
You can also deactivate your account on the account settings page.
15. Indemnity by You: You agree to indemnify and hold harmless QRINK,
its members officers, agents and employees from and against any
liability, claim, loss, or demand including reasonable attorney’s fees,
made by any third party arising from or in any way related to your use
of the Service in violation of this Agreement, breach of this Agreement
and/or breach of your representations or warranties, or your violation
of law or of the rights of a third party.
16. Release by You: By registering as a user of the Service, you agree
to release and hold harmless QRINK, its members, officers, agents and
employees from any and all claims, demands, damages (actual and
consequential) of every kind and nature, known or unknown arising from
or in any way connected with your inventory, lending or borrowing
transactions.
17. No Agency: You agree that no agency, partnership, joint venture,
employee-employer or fanchisee-franshisor relationship is intended or
created by this Agreement.
18. Force Majeure: QRINK shall not be held liable for any delay or
failure in performance due to any force majeure event. For purposes of
this Agreement, force majeure event shall mean act of nature (tornado,
earthquake, flood, hurricane etc.), force or cause beyond QRINK’s
reasonable control including, without limitation, strike, lockout, war,
fire, riot, insurrection, civil disturbance, embargo, governmental
action, a domestic or foreign court or tribunal, act of God, Internet
failure, electrical power failure, or act of a third party.
19. Miscellaneous: This Agreement will be governed by and construed in
accordance with the laws the State of New York, without giving effect
to its conflict of law provisions or your actual state or country of
residence. The parties agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located in New York
County, State of New York for any dispute with QRINK or any or its
members, officers, agents or employees. The Agreement constitutes the
entire agreement between you and QRINK and supersedes any and all prior
agreements and contemporaneous communications between you and QRINK
with respect to the Service. Should any part of the Agreement be held
invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full
force and effect. Any waiver of any provision of this Agreement by a
party will be effective if in writing and signed by a party. Any cause
of action by you with respect to the Site or Service must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. The language in the Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party.
You shall not assign this Agreement or assign any rights or delegate
any obligations hereunder, in whole or in part, whether voluntarily or
by operation of law, without our prior written consent. Any such
purported assignment or delegation will be null and void and of no
force and effect.
Paragraph headings are inserted only as a matter of convenience and
reference, and such headings are not intended and shall not be
construed to define, limit, establish, interpret, or describe the
scope, intent or effect of any provision of this Agreement.
Copyright Policy: We respond to notices of alleged copyright
infringement that comply with the Digital Millennium Copyright Act. If
you believe that your work has been copied and posted on the Site in a
way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: (1) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (2) a description of the copyrighted
work that you claim has been infringed; (3) a description of where the
material that you claim is infringing is located on the Site; (4) your
address, telephone number, and e-mail address; (5) if possible,
information to permit us to notify the user who posted the allegedly
infringing material; (6) a written statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (7) a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf. QRINK’s Copyright Agent for notice of
claims of copyright infringement can be reached as follows: Principal,
QRINK LLC, 41 River Terrace New York, NY 10282.
TERMS OF BORROWING
- Borrower assumes all risk of loss or damage other than normal
wear and tear
- Borrower agrees to pay for the repair or replacement of any item
lost or damaged.
- Unless otherwise specified, an item will be considered lost if it
is not returned within 2 weeks of the due date.
- Unless otherwise specified, items are due five (5) days after
RECEIPT of the item.
- If there are discrepancies between the borrower and the lender
about
- neigh*borrow
does not recommend divulging personal information including
apartment
and recommends meeting people for the first time in a public place
during daylight hours, eg coffee shop, supermarket, bookstore
- Members
who list their first and last name on the site understand that said
member's first and last names may be visible to potential borrowers,
other neigh*borrow members, and even non-members. As of 9/2009 IF YOU
VOLUNTARILY LIST A PHONE NUMBER ON YOUR ACCOUNT PAGE AS A QUICK
CONTACT, IT MAY BE DISPLAYED PUBLICLY. IF YOU LIST A PHONE NUMBER
DURING THE REGISTRATION PROCESS IT WILL NOT BE DISPLAYED. PRIVACY
SETTINGS TO ANONYMIZE YOUR PHONE NUMBER AND ADDRESS ARE
- neigh*borrow
reservess the right to discontinue any accounts that are inactive for
more than 90 days and/or accounts who ignore or decline more than ONE
request to borrow a basic item.
Last updated September 23, 2009 June 22, 2009- Last updated November
09, 2007-
