TERMS OF SERVICE
These terms of service (the "Agreement" or "Terms") constitute a legally-binding agreement between ShareRoot, Inc. ("ShareRoot", "We", "Us" or "Our") and the user ("You" or "Your") regarding Your use of Our websites, web and mobile applications, embeddable website widgets, Facebook applications, advertising and contest services, browser extensions, and other related services (the "Service").
We reserve the right to change these Terms by posting the changed Terms within the service. You may also be given additional notice, such as an e-mail message, or notification within the Service. You will be deemed to have accepted such changes by continuing to use the Service.
1. Certain Definitions
"Account" means any account that You establish with Us in connection with use of the Service. "User Content" means any textual, graphic or other content that You or other users provide while using the Service, such as photos, videos, or text.
2. Limited Software License
We hereby grant to you, so long as You comply with these Terms and other relevant policies, a non-exclusive, non-transferable, revocable license to use the Service in a supported web browser or mobile device. Violation of any of the license limitations is strictly prohibited and will result in the revocation of Your license to use the Service. We may change the Service for any reason at any time by discontinuing support for any feature, database, or content.
You agree that You will not:
- Create an Account or use the Service if you are under the age of 13;
- Use the Service for any illegal or unauthorized purpose;
- Use the Service to harass, threaten, intimidate, abuse, or harm any other person or group;
- Upload any content to the Service that contains nudity, excessive violence, or is obscene, offensive or objectionable;
- Upload any content to the Service that You do not own the rights to;
- Reverse engineer, decompile or disassemble any part of the Service;
- Remove any copyright notice, trademark notice, or other proprietary rights notice from the Service;
- Sublicense, resell, rent, lend or otherwise distribute, transfer or otherwise provide any part of the Service or any copy thereof, whether incorporated into any other product or otherwise, to any third party without express written permission from Us;
- Interfere with or modify the Service or user experience via any cheating, hacking, use of exploits, bots, automation, or otherwise;
- Attempt to gain unauthorized access to the Service, or to accounts registered to others;
- Attempt to crawl, scrape, or cache any content on the Service;
- Attempt to upload any worms or viruses to the Service.
All User Content within the Service do not represent the views of ShareRoot or any individual associated with ShareRoot. In no event shall you represent or suggest, directly or indirectly, ShareRoot's endorsement of User Content. ShareRoot does not vouch for the accuracy or credibility of any User Content within the Service, and does not take any responsibility or assume any liability for any User Content or actions you may take as a result of accessing User Content within the Service. Through your use of the Service, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, illegal, or deceptive. By using the Service, you assume all associated risks.
3. Suspension or Termination of Accounts
You may terminate any Account at any by time ceasing the use of all software associated with that account and by destroying all such software, and any copies thereof, that are in Your possession. We may suspend or terminate any or all of Your Accounts if You (i) breach any provision of this Agreement, (ii) use any Service in violation of any laws, or (iii) We determine that suspension or termination is necessary or advisable to comply with legal requirements or to protect Our, or any third party's, rights or interests.
4. Unpaid Services
The following applies to all Services provided to You free of charge excluding any normally paid Services covered in the scope of Our Customer Agreement (http://shareroot.co/customer-agreement/) regardless of any temporary or permanent discounts or trial periods. ShareRoot reserves the right to terminate your license to use any Unpaid Service at any time and for any reason or in the future charge for such usage.
4.1 Suspension or Termination of Accounts
You acknowledge that upon suspension of termination of any Account, (i) We will have no further obligations to You with respect to that Account, and (ii) We may destroy, without any obligation to compensate you, any content or data associated with that Account. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHT IN OR TO ANY CONTENT OR DATA ASSOCIATED WITH ANY OF YOUR ACCOUNTS AND THAT ALL OF THE FOREGOING MAY BE LOST, ALTERED OR DESTROYED, EITHER INTENTIONALLY OR INADVERTENTLY, AT ANY TIME.
If We terminate an Account, We may notify you, and You agree to immediately cease the use of all Services associated with that Account and to delete all associated software, and any copies thereof, that are in Your possession.
We may suspend or terminate any or all of Your Accounts if We elect to stop providing or supporting any associated Service.
4.2 Rights to User Content
We do not claim any ownership rights to Your User Content. By posting content to the Service, You hereby grant to Us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content. The Service may be supported by advertising, and You agree that We may post advertising in conjunction with Your User Content. By posting content to the Service, You represent that You own the content posted by you, and that the content You are posting does not violate any rights of any person or third party. We reserve the right to remove any of Your User Content that is in violation of this Agreement. The Service may contain content created by other users, and You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.
5. Exclusion of Warranties
WE PROVIDE ALL PRODUCTS AND ALL SOFTWARE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT USE OF ANY SERVICE WILL BE CONTINUOUS, ERROR-FREE, OR IMMUNE FROM THIRD-PARTY TAMPERING.
You agree to indemnify and hold harmless Us and Our owners, affiliates, employees, agents, suppliers and licensors against all third-party claims or liabilities arising out of or in connection with (i) use by You or by anyone acting on Your behalf of the Service, (ii) any breach by You or anyone acting on Your behalf of any of the terms of this Agreement, or (iii) resolution of disputes pertaining to the Service.
7. Limitations of Liability and Damages
IN NO EVENT WILL WE OR ANY OF OUR OWNERS, AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH ANY PART OF THE SERVICE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OUR TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT THAT YOU HAVE PAID TO US.
8. Arbitration; Equitable Relief; Applicable Law
For any dispute or claim related to this Agreement or the Service, excluding claims for injunctive or other equitable relief, You or We may elect at any time to resolve the dispute or claim through binding non-appearance-based arbitration. The party electing arbitration will initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement will be governed by the laws of the State of California and of the United States, excluding their respective conflict of laws provisions. You and We agree to submit to the exclusive jurisdiction and venue of the courts located in San Francisco, California, except as provided above concerning optional arbitration. However, You or We may apply for injunctive or other equitable relief to protect or enforce any intellectual property rights in any court of competent jurisdiction.
We make no representation that use of the Service is appropriate outside of the United States. If You use the Service outside the United States, You are responsible for complying with applicable local laws.
This Agreement is the complete and exclusive statement of the Agreement between You and Us concerning this Agreement's subject matter.
If any provision of this Agreement is determined to be wholly or partially unenforceable, it will be deemed replaced by an enforceable provision that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of Your use of the Service or any activity that is subject to the terms of this Agreement.
This Terms of Service was last updated March 1, 2015.