Home > Terms of service (REVISED June 29th 2012)

Please look here for any updates, which will be posted for your review.


Customer’s Acceptance Of This Agreement.

Before we can permit use of the Service, it is important to us that we have a common understanding concerning the terms and conditions that govern such use. This document and the documents that we incorporate by making reference to them here, like our privacy policy (“Privacy Policy”), together set forth and establish our common understanding about your use of the Service (together, the "Agreement") on behalf of you or your organization (hereinafter, the “Customer”).

When you create an account, you agree to be bound by this Agreement on behalf of Customer. Customer is only authorized to access or use the Service as a Customer under these terms. Please read this Agreement carefully and save it. If you would like us to send you a copy of it, you can request that by contacting us at contact@shareist.com (with the subject line "Terms of service inquiry"). If Customer does not agree with it, Customer should not use the Service as a Customer.

Representations About Customer.

Representations About Customer. You represent and warrant to us that you are 13 years of age or older (and that if you are 13 or older but under the age of 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby) and have the power and authority to enter into this Agreement on behalf of Customer. Also, you represent and warrant that the information that you provide to us about Customer or its account in connection with the Service will be current, true, accurate, supportable and complete. The service is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children on our site.

Authorized Users.

Customer may allow Customer’s employees or independent contractors to use the Service on behalf of Customer (“Authorized Users”). As a condition to such use, Authorized Users shall agree to abide by the terms set forth herein. Customer and Authorized Users shall immediately notify us in the event that Customer or an Authorized User becomes aware of any violation of the terms of this Agreement. Customer shall be liable for any breach by any Authorized User.

Content.

We do not claim ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that Customer posts or shares via the Service (collectively, "Content"). However, by posting or sharing Content through the Service, Customer hereby grants to us and our third party partners a license under any of Customer’s applicable intellectual property or other rights protecting the Content for the purpose of transmitting Content through the Service and/or in connection with the provision of the Service. In addition, We mentioned our Privacy Policy earlier. We reserve the right to remove any of the Content from the Service in our sole discretion.

Customer Representations About the Content.

It is important to us that Customers do not use the Service to infringe the rights of others. As such, Customer represents and warrant to us that to Customer’s knowledge (i) Customer has the right to share the Content via the Service, and (ii) the posting and sharing of the Content via the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.

Copyright Policy.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • (ii) a description of the copyrighted work that you claim has been infringed;
  • (iii) a description of where the material that you claim is infringing is located on the Service;
  • (iv) your address, telephone number, and primary email address;
  • (v) 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; and
  • (vi) a statement by you, made under penalty of perjury, that the above information in such notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send any notices of suspected Copyright Infringement issues to contact@shareist.com (with the subject line "Copyright issues").

Reservation of Rights With Respect To The Service.

We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If Customer submits comments, suggestions, or other feedback regarding the Service (“Feedback”), Customer agrees that we will be free to use such Feedback for any purpose.

Restrictions On Customer’s Use Of The Service.

Customer may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Service. Customer may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). Customer shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. In addition, Customer agrees that it shall not:

  • (a) upload or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  • (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Shareist representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • (e) use the Service in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  • (f) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other similar form of solicitation, commercial or otherwise;
  • (g) violate any applicable local, state, national or international law;
  • (h) delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
  • (i) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
  • (j) harvest or otherwise collect information about others; or
  • (k) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on this Service.

Shareist may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Shareist reserves the right at all times to disclose any information as Shareist deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Limitations on Availability.

The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. Customer uses the Service at its own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.

Support and Maintenance.

We will provide Customer with a reasonable amount of email and chat support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.

Termination.

This Agreement is effective until terminated by Customer or us. Customer’s right to use or access the Service will terminate automatically without notice from us if Customer fails to comply with any term(s) of this Agreement. Upon termination of the Agreement, Customer shall cease all use of or access to the Service. Customer acknowledges that except to the extent we otherwise agree in writing or in the Supplemental Terms (defined below), we may restrict, modify, or terminate Customer’s access to the Service, without liability, for our convenience.

Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall WE OR OUR AFFILIATES HAVE liability to CUSTOMER for damages IN EXCESS OF THE GREATER OF the amount of TWENTY-FIVE dollars ($25) OR THE AMOUNT CUSTOMER PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMERS.

Export and Other Restrictions.

Customer may not use or otherwise export or re-export the Service or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, Customer represents and warrants that it is not located in any such country or on any such list. Customer also agrees that it will not use the Service for any purposes prohibited by applicable law.

The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Consent to Receive Commercial E-mail.

We may need to be able to communicate with Customer about the Service, and we would like to be able to make certain commercial offers available to Customer from time to time. AS SUCH, YOU CONSENT ON BEHALF OF CUSTOMER TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. We will allow Customer to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), Customer will need to terminate its account.

Modifications.

We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify Customer of the modification (via an update to the terms delivered via email or through the Service) and Customer subsequently signifies its acceptance or uses the Service.

Fees; Supplemental Terms.

Though presently there is no charge for the basic Service, we reserve the right to charge for the Service or features thereof. To enjoy certain features of the Service, additional terms, including payment terms may apply. We will present supplemental terms and conditions for review and acceptance at the time that Customer undertakes such activity within the Service, and any such supplemental terms (each, “Supplemental Terms”) shall become a part of this Agreement. Customer hereby further acknowledges and agrees that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby.

Third Party Offerings.

Similarly, to enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that Customer undertakes such activity within the Service, and any such Third Party Terms shall constitute an agreement between Customer and such third party. We are not responsible for such third party offerings.

Miscellaneous.

The laws of the State of Massachusetts, excluding its conflicts of law rules, govern this license and Customer’s use of the Service. Use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Shareist” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. Customer may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions, please contact us at: contact@shareist.com (with the subject line "Terms of service inquiry").