Shitisha [SHITISHA LLC, a Pennsylvania limited liability company with its registered address at 717 DUNCAN AVE Apt. 1010 Pittsburgh PA 15237 Allegheny] (“Shitisha”, “we”, “our”, “ours”, “us”). The Terms & Conditions (the “Terms”) apply to any visitor or user (a “User”) of the Shitisha website, www.shitisha.com (the “Website”), the Shitisha mobile application (the “App”), or any other service or communication of Shitisha (the “Services”, which include the “Website” and the “App” as well). Upon accessing or using any of the Services, you agree to the bound by the Terms, and if you do not agree with the Terms, then youmust immediately cease using the Services. If you continue to use the Services, bear in mind that you continuing to be engaged in a legally binding contract between you and Shitisha.
Application of the Terms
These Terms govern the use of the Services. Shitisha offers, as a social marketplace, a platform for Users willing to buy or sell second hand products, and Shitisha acts as an intermediary in the sale of these products.
These Terms apply to all Users of the Services, including without limitation Users who are browsers, customers, merchants, and/or contributors of content.
Interactions between the Services and third party services requires you to login to your account at your own risk. Shitisha does not control any of these web services or content.
By using any third party service that interacts with the Services, you agree to your information being shared with such third parties, that your personal information may be disclosed and/or associated with you, and that your use of a third party service is done so at your own risk.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website or other Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes constitutes acceptance of those changes.
You must be 18 or older in order to use the Services, subject to further restrictions set out in Schedule A (the “Minimum Age Requirement”).
You warrant that you meet the Minimum Age Requirement by continuing use of the Services.
If you do not meet the Minimum Age Requirement, you must immediately cease use of the Services.
You must not have any history demonstrating dishonest or fraudulent behavior in commercial activity, and you warrant that you do not have such history when using the Services.
Users are able to use more of the Services by having ownership of an account with the Services.
In the case of the App, depending on the User’s choices, the User can act as a buyer or as a seller.
The App allows the User to make purchases of certain functionality of the Services, which enables further eligibility to use more Services.
Users lacking authorization for certain types of paid Services must not use such paid Services.
Users warrant that they are located in the jurisdiction that they select to use when using the Services.
Users warrant that the account they intend to use for the Services will be their own and that the account and its data was not sold, transferred, licensed, or allocated to them by any third party or any other User without Shitisha’s permission.
Shitisha has the ultimate authority in deciding whether any User is eligible to use the Services.
All Users of the Services agree to comply with our Seller Guidelines and our Buyer Guidelines, and all Users agree to comply with the provisions on Prohibited & Restricted Items and our Payment & Refund Policy.
Users failing to comply with any of these guidelines or policies are subject either to suspension or to expulsion from using the Services.
Users must not post information that is harmful, abusive, unlawful, threatening, harassing, degrading, intimidating, xenophobic, homophobic, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever.
Users are expected to behave in a civil manner, and Shitisha has no responsibility to resolve any disputes between Users.
If Shitisha decides that an unresolved dispute is affecting the Services, Shitisha may take any action appropriate, which may involve either suspending or expelling Users from using the Services.
Users must provide only true, accurate, current, and complete information in the course of using the Services, and they agree to correct the information in a reasonable amount of time if any of the information changes.
Users must respect the reputation of Shitisha, and Users cannot appropriate the brand and attempt to represent the brand without Shitisha’s express permission.
Users must not use other Users’ accounts, and any unauthorized usage of any account may result in Shitisha either suspending or expelling the Users from using the Services.
Users must not use the Services for any illegal or unethical purpose.
Users must not carry out any fraudulent activity when using the Services, and Users must not disable or disrupt the Services in any way.
Furthermore, all Users agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any Users to post advertisements on a third party area or post any advertisement on behalf of such User; or to "stalk" or otherwise harass anyone;
make any libellous or defamatory comments or postings to or against anyone;
collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
post content that is outside the local area or not relevant to the local area, repeatedly post the same or similar content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
attempt to gain unauthorized access to computer systems owned or controlled by Shitisha or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services.
use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Shitisha's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
use any automated device or software that enables the submission of automatic postings on Shitisha without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
Shitisha respects the rights and protections Users have within the Terms and in accordance with the law, and Shitisha expects all Users to show the same respect.
Account & Security
All Users must protect and secure their login credentials and are fully responsible for any activity resulting from the use of their credentials.
You represent and warrant that the personal data you provide to Shitisha is true, accurate, current, and complete.
If you believe that your account has been compromised in any way including by unauthorized access from hackers or other individuals, you must promptly notify Shitisha by email to email@example.com.
All content and information on this site including without limitation text, graphic and images, is the property of Shitisha or the property of their respective owners and is protected under the copyright laws of various jurisdictions. Intellectual Property Rights in the Services belong to Shitisha or its licensors as may be the case from time to time.
The Services and the materials on or accessible via them and the Intellectual Property Rights associated with them may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Services).
Any derivative works based on Shitisha’s Intellectual Property Rights shall belong to Shitisha and Users agree to assign, convey, and transfer any Intellectual Property Rights in the derivative works to Shitisha.
None of Shitisha’s Intellectual Property Rights may be used by Users without Shitisha’s permission in writing, which includes that Users may not improperly or in any way use Shitisha’s brand without permission.
For these purposes “Intellectual Property Rights” includes the following: any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).
Digital Millennium Copyright Act compliance
Shitisha respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Shitisha will respond expeditiously to claims of copyright infringement committed using the Shitisha Services if such claims are reported to Shitisha using a suitable notice explaining the details behind the alleged copyright infringement.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by notifying firstname.lastname@example.org. Upon receipt of sufficient notice, Shitisha will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY
The Website, Apps, Services, and all content, server and network elements are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and Shitisha expressly disclaims any and all warranties, whether express or implied.
Shitisha does not guarantee that the Services content are accurate; error-free; free of viruses; or any other harmful elements. As with any Services, a User may use the Services, yet caution should be applied in the use of any content or materials, and the User will be solely responsible for any damages to the User’s device or computer, or other harm.
Shitisha excludes all liability for damages arising out of or in connection with your use of the Services. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Shitisha of the possibility of such potential loss), damage caused to your computer, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. In no event will Shitisha’s total liability to you for all damages, losses or causes or action exceed the lesser of either one hundred United States dollars ($100.00) or the cost of any Services paid by the User.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
All the information on the Services provided by Shitisha directly is intended for guidance only.
Products and prices are subject to change without notice and in any event Shitisha is not responsible for content posted by Users acting as buyers or sellers, in which these parties negotiate the prices themselves, while Shitisha acts only as an intermediary to allow these Users to connect with each other.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Shitisha or the Users may terminate their agreement to the Terms at any time, and once terminated, Users must cease any and all use of the Services.
Shitisha has the right to monitor its own Services and to investigate and to prosecute violations of the any of the Terms to the fullest extent allowed either by the Terms or the law.
Shitisha reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.
Where applicable, the Payment & Refund Policy applies upon termination.
These Terms are governed by the laws of California, United States. The User agrees to resolve any dispute exclusively in the jurisdiction of the Courts located in Los Angeles, California for the purpose of litigating all such disputes.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and will not affect the validity of any remaining provisions. Shitisha’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with Shitisha.
Schedule A - Further Restrictions
If the User accesses or uses the Services in the following jurisdictions, the Terms are adjusted to apply the following conditions:
Jurisdiction : Namibia
Condition : The “Minimum Age Requirement” in this jurisdiction is 21.