SHARE CREATORS SOFTWARE TERMS OF USE
Last Modified: December 12th, 2021
Welcome to Share Creators Software! Please read these Terms of Use and our Privacy Policy available here [link to privacy policy] (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this software, website, and Share Creators Software’s services, as described further below.
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Share Creators Software Inc. (“Company,” “Share Creators Software,” “we,” “our,” or “us”), and they govern your access to and use of the Share Creators Software website, mobile application, and/or Company software (collectively the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Platform. By using the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Platform or any Share Creators Software Services, but please get in touch with us so we can try to help.
Term
This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Eligibility
The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and the usage of the Platform.
Changes to the Terms of Use
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.
Your Access to the Platform; Enterprise Agreement
In order to access the Platform, you must register for a Share Creators Software account and receive access to the Platform (either as the company/employer or as an authorized user of the company/employer). If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of the Subscribing Customer (“Enterprise Administrator” or “Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Subscribing Customer and agree that Share Creators Software is entitled to rely on your instructions with respect to the Subscribing Customer’s account and/or access to the Platform.
The Platform has different types of users depending on the user’s access on the Platform: (i) Authorized User(s) (users who have been given access and use the Platform through their company/employer’s account (most often the Subscribing Customer)), (ii) Subscribing Customer(s) (users who use and access the Platform as part of a paid Share Creators Software’s subscription plan, regardless of whether you access and use the Platform during a free trial period or after), and (iii) Administrators (users given administrator authority and privileges by the Subscribing Customer(s). While Authorized Users can access and use the Platform, they have access to a more limited set of services and functionalities than Subscribing Customers or Administrators. The Platform features and functionalities are available to Subscribing Customers (and their authorized users and/or administrators) are determined by the subscription tiers and specific terms agreed to between Share Creators Software Software and the Subscribing Customer (who you may know as your employer, your company, or another entity or person through which you may have been granted access to the Platform) that entered into a separate agreement that governs the delivery, access, and use of Platform (the “Enterprise Agreement”).
User Content; License
When you use the Platform, you may be able to access certain interactive features, such as commenting, sharing, searching, image thumbnails, document previews, optical character recognition, easy sorting and organization, and personalization (collectively the “Interactive Services”) that allow users to generally post, publish, host, display, share, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Platform.
These Terms do not grant Share Creators Software any rights to User Content, except for the limited rights that enable us to offer the services utilized through the Platform. Ownership and control of the User Content are further set forth in these Terms and the Enterprise Agreement. By using and accessing the Platform and providing any User Content on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display User Content for the following purposes:
Maintain, provide, and improve the Platform.
Prevent or address technical or security issues and resolve support requests.
Investigate when Share Creators Software has a good faith belief, or has received a complaint alleging, that User Content is in violation of the Enterprise Agreement or these Terms.
Compliance with a valid legal subpoena, request, or other lawful process that meets the requirements of the Enterprise Agreement or other lawful purpose.
As otherwise set forth in the Enterprise Agreement or as expressly permitted by the Subscribing Customer.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Content do and will comply with these Terms of Use.
Neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor the Company’s use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Platform.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Changes to the Platform
We may update the content of the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Beta Services: Testing and Access
Share Creators Software may at times release products and features that are still being tested and evaluated (“Beta Services”). Beta Services are labeled with words or phrases to convey their status and may not be as reliable as Share Creators Software’s other services or products. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until the official launch. If you use any Beta Services, you agree not to disclose any information about those services, features, and products to anyone else without our permission.
Software; License to Use
As part of our services and access to the Platform, you may be allowed to download or be given access to client software (the “Software”). If you download the Software, and so long as you comply with these Terms, you understand and agree that the Software is licensed, not sold, to you for use only under these Terms of Use. Share Creators Software reserves all rights not expressly granted to you.
This license granted to you for the Software by Share Creators Software is limited to a non-transferable license to use the Software on any device that you own or control and as permitted by these Terms of Use and any other terms that may apply when you download the Software. You may not rent, lease, lend, sell, redistribute, or sublicense the Software. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Share Creators Software and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Company that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
This license is in addition to any license terms required by any source from which you may download the Software, and all are binding on you. In the event that this license conflicts with other license terms, these terms control.
Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Share Creators Software, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your internal use (or if your access to the Platform is via your company/employer, uses authorized by your company/employer), subject to the following restrictions:
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you and/or unless you have the proper authorization to do so.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.
Trademarks
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Share Creators Software or its affiliates or licensors. You must not use such marks without the prior written permission of Share Creators Software. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at contact@sharecreators.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your name.
The name and description of the work that is being infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use (or help anyone else use) the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise (including but not limited to publishing, sharing, or storing content that constitute child sexually exploitative materials, even if such material is not illegal child sexual abuse material but nonetheless sexually exploits or promotes the sexual exploitation of minors).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Share Creators Software, a Share Creators Software Software employee, another user, or any other person or entity.
To circumvent any restrictions or storage space limits associated with your account.
To publish, upload, share, or store content that includes unlawful pornography or is otherwise indecent.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Share Creators Software or users of the Platform or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent (including but not limited to accessing, tampering with, or using non-public areas or parts of the Platform, or sharing areas of the Platform you have not been invited to or granted access to).
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Take any action that may damage or falsify the Company or Platform rating.
Otherwise attempt to interfere with the proper working of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to host, upload, post, or publish any User Content on the Platform for any or no reason at our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is uploaded, posted, or hosted on the Platform, and/or shared with other users, and cannot ensure prompt removal of objectionable material after it has been uploaded, posted, or shared by a User. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Share Creators Software. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Users Outside the U.S.
The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS SHARED, OBTAINED, OR DOWNLOADED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS SHARED, OBTAINED, OR DOWNLOADED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SHARE CREATORS SOFTWARE NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SHARE CREATORS SOFTWARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS SHARED, OBTAINED, OR DOWNLOADED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO SHARE CREATORS SOFTWARE FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Share Creators Software, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.
Governing Law
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
Arbitration
At the Share Creators Software Software’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Share Creators Software with respect to the subject matter of these Terms, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Terms.
Your Comments and Concerns
The Platform is operated by Share Creators Software Software Inc. at 800 Airport Boulevard Suite 412, Burlingame, CA 94010.
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: contact@sharecreators.com.