Terms of Service
This Agreement was last revised on December 20th, 2013
Welcome to Spinlister, a peer-to-peer rental marketplace for outdoor sports equipment (the "Site") provided by Spinlister, LLC ("Spinlister" "we," or "us"). These Terms of Service ("Terms") describe the terms and conditions that govern your use of and participation in Spinlister services, including our the Site, web widgets, feeds, mobile device software applications ("Apps"), applications for third-party web sites and services, and any other mobile or web services or applications offered by Spinlister (collectively the "Service").
For the purposes of these Terms, "you" means each person using the Service. All visitors, users, and others who access the Site and/or Service, including you and any persons that you authorize to use your account, may be referred to in these Terms as the "User."
By accessing or using the Service, you agree to be bound by these terms, as amended from time to time. If you do not agree to these Terms, you are prohibited from using or accessing the Site or the Service.
Our Service; Member Accounts
Spinlister provides a forum and service to connect owners of outdoor sports equipment, such as a bicycle, surfboard, standup paddleboard, snow skis or a snowboard (each a "Ride") interested in making their equipment available for rent ("Listers") and individuals interested in renting a Ride ("Renters"). In order to rent or list a Ride on Spinlister, you will need to establish a member account ("Account"). By applying for an Account, you give us permission to disclose certain of your personal information to third parties for verification purposes, and to obtain additional information about you. Spinlister may accept or reject account applications in our sole discretion.
You may not use another member's Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Spinlister immediately of any breach of security or unauthorized use of your Account. Spinlister will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Spinlister your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Spinlister your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers.
Policies and Procedures; Rental Confirmations; Feedback.
When you use the Service to conduct a Rental, you will be required to agree to a rental contract. The Rental Contract is an agreement between a Lister and a Renter. Spinlister is not a party to the Rental Contract.
Both Renters and Listers are encouraged to submit feedback to the Service following the completion of each Rental. We may block you from any further use of the Service until you have submitted such feedback.
In using the Service or the App, you agree not to engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Spinlister servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that Spinlister grants the operators of public search engines revocable permission to use spiders to copy materials from Spinlister.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- using the Site, App or Service in any manner to circumvent or secure a rental outside of the Service or to avoid fees payable to Spinlister in connection with your use of the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- using the Service for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- or bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Spinlister may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Spinlister's sole determination you violate any provision of these Terms. Spinlister also retains the right to remove or suspend listings for any reason, including a violation or suspected violation of these Terms. All aspects of the Service are subject to change or elimination at Spinlister's sole discretion. Spinlister reserves the right to interrupt the Service with or without prior notice for any reason. You agree that Spinlister will not be liable to you for any interruption of the Service, delay or failure to perform."
Some areas of the Service may allow you to post feedback, comments, questions, images and other information ("User Content"). You are solely responsible for any User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Spinlister does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains contact or other information in an attempt to circumvent the Service or avoid fees in connection with your use of the Service; or (ix) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third- party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. Spinlister reserves the right, but is not obligated, to reject and/or remove any User Content that Spinlister believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Spinlister takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Spinlister is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Spinlister shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other Spinlister Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Spinlister shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. You acknowledge that Spinlister does not offer transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Spinlister a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Spinlister's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
Fees; Billing; Payments
Fee Schedule and Billing Policies. You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Rental Contract. Spinlister may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Rental Contract.
Payments. If you are a Lister, you may set the Rental fee for your Ride as permitted by the Service; provided, that you must list your Ride for a nominal value (i.e., you can not list your Ride for free). When establishing your Account, you will be required to select a payment method. Spinlister will remit payments due to you hereunder (a) if you choose to be paid by check, no later than thirty (30) days after the end of any calendar month in which the amount of fees received and due to you are greater than $50.00, or (ii) if you choose to be paid by Paypal, no later than thirty (30) days after the end of any calendar month in which the amount of fees due to you are received. Spinlister reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Spinlister's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain Lister’s whose annual payments will exceed $500, or as otherwise required by applicable law. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Spinlister in writing within thirty (30) days of any such payment; failure to so notify Spinlister shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Spinlister. No other measurements or statistics of any kind shall be accepted by Spinlister or have any effect under these Terms.
Spinlister uses reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site may interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Spinlister. Spinlister will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of Spinlister. You agree that Spinlister shall not be liable to you for any modification, suspension or discontinuance of the Site or the Service. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Site and any third party fees (such as Internet service provider or airtime charges) that you incur.
Exclusive Ownership of Rights
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of the Site, or any portion thereof, by you is strictly prohibited.
Spinlister grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners.
Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.
From time to time Spinlister may provide links that will take you to third party website. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. Spinlister does not endorse or take responsibility for the content on other website or the availability of other website and you agree that Spinlister is not liable for any loss or damage that you may suffer by using other website.
We reserve the right to amend these Terms from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.
This Service is intended solely for people (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. Spinlister reserves the right to limit or restrict access by any person, in our sole discretion.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to indemnify and hold harmless Spinlister and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. You will defend Spinlister from and against any such claims at Spinlister request.
Disclaimer of Warranties
The information and services on this Site are provided "as is" and for informational purposes only. Spinlister makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. Spinlister disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others. We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.
Limitation of Liability
IN NO EVENT SHALL SPINLISTER OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE DISCONTINUE USE OF THE SITE.
The Service is controlled and operated from its facilities in the United States. Spinlister makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Any questions, comments or suggestions, including a report of any violation of these Terms, should be provided to us at [email protected]
Since we respect content owner’s rights, it is Spinlister's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Spinlister's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Spinlister to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
650 El Medio Avenue Pacific Palisades, CA 90272
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying Spinlister and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Spinlister's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Spinlister has adopted a policy of terminating, in appropriate circumstances and at Spinlister's sole discretion, members who are deemed to be repeat infringers. Spinlister may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.