Neighborrow is a venue site that allows registered users to inventory their
collection of books, CD
’s, DVD’s, games and miscellaneous items and lend or borrow within their “neighborhood” of friends, physical neighborhood, social or work groups (the “Site” or “Service). The Site is owned and operated by QR ink LLC (“QR ink”). This Agreement (the “Agreement”) is between you and QR ink whether or not you create an account on the Site.
By completing the registration process and clicking on the “I Accept” 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. QR ink 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
neighborhood 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
“neighborhood.” QR ink 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. 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 QR ink 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. QR ink may, but shall have no obligation to
review, modify, edit, or reject or remove any Item that QR ink 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.
QR ink 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 QR ink, you may not copy,
modify, publish, transmit, distribute, perform, display or sell any such
proprietary information.
8. Privacy Policy and Security: Our Privacy Policy [link to PP page] is part of this Agreement. You understand
and agree that QR ink 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 QR ink, its
officers or employees, affiliates or the public.
9. Disclaimers: QR ink LLC, its members, agents, employees, partners, and consultants (QR ink)
disclaim any and all responsibility and liability for the conduct, whether
online or offline, of any user of the Site. QR ink 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.
QR ink 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.
NEIGHBORROW 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, QR INK 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 QR INK 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 QR INK 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, QR INK
’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. QR ink has no control over such sites and resources,
you acknowledge and agree that QR ink 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 QR ink 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
support@neighborrow.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 QR ink 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.
15. Indemnity by You: You agree to indemnify and hold harmless QR ink, 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
QR ink, 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: QR ink 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 QR ink
’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 QR ink or any or its
members, officers, agents or employees. The Agreement constitutes the entire
agreement between you and QR ink and supersedes any and all prior agreements
and contemporaneous communications between you and QR ink 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. QR ink’s Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Principal, QR ink LLC, 41 River Terrace New York, NY 10282.
Last updated November 09, 2007-
