Updated: August 4, 2017
Privacy and Data Security
If you sign up as a Host, you agree to use a Guest’s information solely to fulfill the Guest’s experience and administer related requests and to keep such information strictly confidential and secure from unauthorized use or disclosure.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SameSide and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
SameSide as Intermediary Only
The Site gives users the ability to list campaigns and organize events and experiences across many different causes and motivated by many different opinions, which some of our users may not support. The Site is provided as a facilitator for our users. SameSide does not host, plan, operate, or provide the experiences offered on the Site or endorse campaigns. Experiences and campaigns are not under SameSide’s control, and SameSide is not responsible for and does not endorse the campaigns, experiences or the content on our users’ experience or campaign pages. Notwithstanding the foregoing, SameSide reserves the right to conduct by itself, or by third party service providers, background checks on its applicants. SameSide is not responsible for estimates, descriptions, conditions, authenticity, title or any other matters relating to the offer and sale of any experiences. Information about experiences is provided by the applicable Host, and SameSide does not verify the accuracy of this information. SameSide shall in no event be responsible for any personal injury, damage or harm resulting from your provision or purchase of, or participation in, any experience or your interaction with any user. By using the Site, you agree that any legal remedy or liability that you seek to obtain arising from or related to an experience, (including, without limitation, your experience Listing or provision of any experience) will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on SameSide, or seek any legal remedy from SameSide with respect to experiences.
Experiences involving Alcohol
Experiences that include alcoholic beverages may only be offered and purchased by individuals, including without limitation, Guests and Hosts, who are at least twenty-one (21) years of age. By offering or purchasing an experience that includes alcoholic beverages, you expressly represent and warrant that you are twenty-one (21) years of age or older.
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by text messaging or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Submissions, Feedback and Information
Your submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by SameSide. You consent, for yourself and on behalf of any children who may appear in any photos you submit to SameSide, to the display of the photos on the site and the use by SameSide of the photos, including for promotional purposes in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom. SameSide shall not be liable for any damages resulting from the use or misuse by any third party of a Submission, including any personally identifiable information provided in a Submission.
We reserve the right in our sole discretion to: (a) review Submissions before allowing them to be posted on the Site; (b) to monitor, filter, edit or remove Submissions; and (c) post or not post Submissions provided to us.
Your Use of the Site
In connection with your use of the Site, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Site or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
- register for more than one account or register for an account on behalf of an individual other than yourself, register under a false name or use an invalid or unauthorized credit card;
- use, display, mirror or frame the Site, or any individual element within the Site, SameSide’s name, any SameSide trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SameSide’s express written consent;
- access, tamper with, or use non-public areas of the Site, SameSide’s computer systems, or the technical delivery systems of SameSide’s providers;
- attempt to probe, scan, or test the vulnerability of any SameSide system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SameSide or any of SameSide’s providers or any other third party (including another user) to protect the Site or any of the content on the Site;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
SameSide reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Accounts, Passwords and Security
While SameSide believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. As such, users assume the risk of security breaches and all consequences resulting from them.
Certain features or services offered on or through the Site may require you to register and set up a user ID and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SameSide immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SameSide or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential.
Fees and Payments
Any fees which you authorize on the Site are due immediately and may be non-refundable. Please see the terms of your Host or Guest Addendum for details on when refunds may be available.
Links to Other Sites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SameSide’s control, and SameSide is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimers; Limitation of Liability
THE SITE, EXPERIENCES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. SAMESIDE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE INCLUDING THAT OF GUESTS AND HOSTS. YOU ASSUME RESPONSIBILITY FOR YOUR USE OF THE SITE AND YOUR PARTICIPATION IN ANY EXPERIENCES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SAMESIDE FOR DISSATISFACTION WITH THE SITE OR ANY EXPERIENCE IS TO STOP USING THE SITE OR STOP PARTICIPATING IN EXPERIENCES.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL SAMESIDE OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF SAMESIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
SameSide may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SameSide’s rights or property, or the rights or property of visitors to or users of the Site. SameSide reserves the right at all times to disclose any information that SameSide deems necessary to comply with any applicable law, regulation, legal process or governmental request. SameSide also may disclose your information when SameSide determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Service;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- 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.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o SameSide, LLC, 5405 Wilshire Blvd., Suite 304, Los Angeles, CA 90036.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Governing Law; Dispute Resolution
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Users Outside of the United States
SameSide is a Delaware limited liability company. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
SameSide is located at:
5405 Wilshire Blvd., Suite 304
Los Angeles, CA 90036