Terms of Service
A CALIFORNIA CORPORATION
Acceptance of Terms.
This is a binding agreement between you and SHAREMEISTER™, INC., a California corporation (“us,” “we,” or “ShareMeister™”). By using the website located at www.sharemeister.com (the “Site”) or any services provided in connection with the Site (the “Service” or “Services”) you agree to be bound by and to abide by these Terms of Service, as they may be amended by ShareMeister™ from time to time in its sole discretion. Amended Terms of Service are effective upon being posted. The current version of these Terms of Service are available by clicking the “Terms of Service” link at the Site. It is your responsibility to review these Terms of Service periodically for changes, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.. Your continued used of the Site and/or Service after we have made changes to the Terms of Service signifies your acceptance of the modified Terms of Service. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE LESS THAN 18 YEARS OLD BUT ARE AT LEAST 13 YEARS OLD, YOU MAY ONLY USE THIS SITE AND/OR SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO ABIDE BY THIS AGREEMENT. THE SITE AND ITS RELATED SERVICES ARE NOT INTENDED FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.
Site Access. ShareMeister™ hereby grants you permission to use the Site or Service as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Site in any medium without ShareMeister™’s prior written authorization; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
ShareMeister™ Accounts. To access some features of the Site, you will have to create a ShareMeister™ account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShareMeister™ immediately of any breach of security or unauthorized use of your account. Although ShareMeister™ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShareMeister™ or others due to such unauthorized use.
Compliance with Intellectual Property Laws.
. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws re garding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights (collectively, “Intellectual Property”). You agree to abide by laws regarding ownership and use of Intellectual Property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.
ShareMeister™ reserves the right to terminate your use of the Services and/or the Site at any time.
. SHAREMEISTER™ HEREBY DISCLAIMS ALL WARRANTIES. SHAREMEISTER™ IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHAREMEISTER™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SHAREMEISTER™ DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHAREMEISTER™ OR ANY EMPLOYEE OR REPRESENTATIVE OF SHAREMEISTER™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE.
SHAREMEISTER™’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHAREMEISTER™ BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SHAREMEISTER™. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
ShareMeister™ has no control over, and no liability for any third party websites or materials, including, without limitation, sites outside of the ShareMeister™ redemption website that are accessed using the Site or ShareMeister™ technology. ShareMeister™ works with a number of partners and affiliates whose Internet sites may be linked with the Site (“Affiliated Sites”). Because neither ShareMeister™ nor the Site has control over the content and performance of these Affiliated Sites, ShareMeister™ makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ShareMeister™ assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that ShareMeister™ makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Service shall govern your use of any and all third party content. In addition, ShareMeister™ will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ShareMeister™ from any and all liability arising from your use of any third-party websites.
ShareMeister™ imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human- perceivable form any of the code used by ShareMeister™ in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ShareMeister™'s designated Copyright Agent to receive notifications of claimed infringement is: [agent/name]__________, __________., ________, CA ________, email: copyright@ShareMeister.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ShareMeister™ customer service through http:// www.sharemeister.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Fresno, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, ShareMeister™ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ShareMeister™'s sole discretion.
Charitable Giving Policies.
ShareMeister™ reserves the right to refuse to donate any earned shares to any organization at any time, including without limitation any non-profit entity, charitable organization, school or other similar institution, at any time in ShareMeister™’s sole discretion. ShareMeister™ shall not be liable for any amounts which result from invalid time spent on the Site, queries or invalid clicks while using the Service, generated by any person, automated program or similar device, as determined by ShareMeister™ in its sole discretion.
You agree to indemnify, defend, and hold harmless ShareMeister™, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any Intellectual Property or other right of any person or entity. ShareMeister™ will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
ShareMeister™’s Proprietary Rights.
All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “ShareMeister™ Content”), is the property of ShareMeister™ or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to ShareMeister™ Content by using, printing, downloading or copying any ShareMeister™ Content or using this Site. Any use of ShareMeister™ Content or this Site other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of ShareMeister™ Content is strictly prohibited.
Use of ShareMeister™ Code.
. On the Site, ShareMeister™ may make available certain code for use on third party websites to create hyperlinks to the Site or to make Services available on the third party websites (the “Code”). ShareMeister™ grants you a revocable, non-exclusive, royalty- free, worldwide license for the duration of these Terms of Service to display and use the Code on your website, solely for the purpose of referring users from your site to the Site, or for permitting users to accrue ShareMeister™ shares through the use of your website. As a condition of your use of the Code, you agree that: (i) you will not sublicense, transfer or sell the Code; (ii) your use of the Code shall be in compliance with all applicable laws and these Terms of Service; (iii) you will not alter or modify the Code in any way; and (iv) you will not use or display the code on any website that: (a) displays or promotes pornography or other sexually explicit material; (b) advocates discrimination based on sex, race, national origin, religion, disability, sexual orientation, or age; or (c) promotes violence or any illegal activity. This license may be revoked as to any user by ShareMeister™, at any time, in ShareMeister™’s sole an absolute discretion, with or without cause. Except for the license granted herein, you obtain no rights in ShareMeister™ Content.
ShareMeister™ hereby grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Service on a single computer; provided, however that you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Service. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of ShareMeister™.
You are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You hereby agree to accept responsibility for all activities that take place under your account or password.
Governing Law and Venue.
These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California in all disputes arising out of or related to the use of the Site or Service.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Trademarks; No License.
The ShareMeister™’s logo, trademarks and service marks are trademarks of ShareMeister (the “ShareMeister™ Marks”). Nothing contained on the Site should be understood as granting you a license to use any of the ShareMeister™ Marks, or the marks of any third party. Without ShareMeister™’s prior written permission, you agree not to display or use in any manner the ShareMeister Marks or the marks of any third party on this Site.
ShareMeister™ reserves the right to terminate your use of the Site. To ensure that ShareMeister™ provides a high quality experience for you and other users of the Site, you agree that ShareMeister™ or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. ShareMeister™ does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ShareMeister™ reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if ShareMeister™ believes that you have violated any of the Terms of Service, furnished ShareMeister™ with false or misleading information, infringed upon the intellectual property rights of ShareMeister™ or any third party, or interfered with use of the Site by others.
Statute of Limitations.
You agree that regardless of any statute or law providing a longer period, any claim arising out of or related to use of the Services or Site or the Terms of Service must be filed within one (1) year after such claim arises or be forever banned.
. In any litigation, arbitration or other proceeding arising out of these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to resolve the dispute and to enforce the final judgment.
ShareMeister™ may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the Site and/ or Service at any time. ShareMeister™ shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
Disclaimer of Endorsement.
Reference herein to any products, services, processes, charities, entities, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by ShareMeister™. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites.
Restrictions on ShareMeister™ Shares.
Shares accrued by ShareMeister™ members may only be redeemed pursuant to the offers available on the Site at the time of redemption. Shares have no cash value and may not be bartered or sold. Shares are non-transferable and are void if transferred; shares are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law. Shares, the right to redeem shares, and the number of shares required for offers on the ShareMeister™ redemption website, are each subject to change at any time without notice.