Last Updated: December 26, 2019
Please read this Agreement carefully before accessing or using the Sharelov Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sharelov, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you create an account profile on Sharelov, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sharelov may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Sharelov liability. You must immediately notify Sharelov of any unauthorized use of your profile, your account or any other breaches of security. Sharelov will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a profile, comment on a profile, post content to Sharelov, post links to Sharelov, or otherwise make (or allow any third party to make) materials available by means of Sharelov (“Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Sharelov for inclusion on your Website, you grant Sharelov a world-wide, royalty-free, and non-exclusive license to reproduce, modify,adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete content, Sharelov will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Sharelov has the right (though not the obligation) to, in Sharelov’s sole discretion (i) refuse or remove any content that, in Sharelov’s reasonable opinion, violates any Sharelov policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sharelov’s sole discretion. Sharelov will have no obligation to provide a refund of any amounts previously paid.
You agree not to use, and not to knowingly display, distribute, or otherwise make content or information derived from Sharelov available to any entity for the purpose of: (i) conducting or providing surveillance or gathering intelligence, including but not limited to, investigating or tracking individual social media users or their content, or to obtain information on social media users or their content, in a manner that would require a subpoena, court order, or other valid legal process; (ii) tracking, alerting, or other monitoring of sensitive events (including but not limited to protests, rallies, or community organizing meetings); (iii) conducting or providing surveillance, analyses or research that isolates a group of individuals or any single individual on social media for any unlawful or discriminatory purpose or in a manner that would be inconsistent with the individual users’ reasonable expectations of privacy; (iv) violating the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including, without limitation, Articles 12, 18, or 19; or (v) targeting, segmenting, or profiling individuals based on sensitive personal information, including health (e.g. pregnancy), negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law.
If you are a government entity or an entity performing services on behalf of a government entity, each of your use cases for Sharelov must be approved by Sharelov prior to use of our Product. Failure to obtain approval for any use case will result in suspension and potential termination.
We have the right to terminate your account or suspend your access to Sharelov, if we reasonably suspect that you have violated any of the restrictions in this Section.
By accessing or using Sharelov, you represent and warrant that your activities are lawful in every jurisdiction where you access or use Sharelov. Sharelov is not intended to hold any Sensitive Information. You represent and warrant that you will not use our Product to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OUR PRODUCTS IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, any information that would classify as “Special Categories of Information” under EU data protection laws, or any other information that would be subject to Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI DSS), or other laws, regulations, or industry standards designed to protect similar information.
Although we do not monitor content published through our Products and are not responsible for any content published through our Products, we reserve the right to delete, edit, or move messages or materials that we deem necessary to be removed, including, but not limited to, public postings, advertisements, and messages.
If you are an Agency, you may use Sharelov on behalf of Users that are your clients and charge your clients for such use of our Products. As an Agency, you will be liable for all use of our Products by your clients. By adding any client to your account, you represent and warrant that you have obtained all necessary authorizations and consents from such clients to bind them to these Terms. If you use Sharelov on behalf of your clients, or grant access to the products to your clients, you will be responsible for ensuring that such clients are not able to access confidential or proprietary information of another client. “Agency” shall mean a business or organization providing advertising, marketing, or social media services on behalf of another business, person, or group.
All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
By selecting an Upgrade in plan level, such as adding extra user profiles, on Sharelov (any such services, an “Upgrade”) you agree to pay Sharelov the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Sharelov before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sharelov does not accept any liability for such loss.
Sharelov has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Sharelov does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sharelov disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Sharelov links, and that link to Sharelov. Sharelov does not have any control over those non-Sharelov websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sharelov website or webpage, Sharelov does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sharelov disclaims any responsibility for any harm resulting from your use of non-Sharelov websites and webpages.
As Sharelov asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sharelov violates your copyright, you are encouraged to notify Sharelov in accordance with The Digital Millenium Copyright Act of 1998 ("DMCA"). Sharelov will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sharelov will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sharelov or others. In the case of such termination, Sharelov will have no obligation to provide a refund of any amounts previously paid to Sharelov.
This Agreement does not transfer from Sharelov to you any Sharelov or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sharelov. Sharelov, the Sharelov logo, Sharelov icon, and all other trademarks,service marks, graphics and logos used in connection with Sharelov, or the Website are trademarks or registered trademarks of Sharelov or Sharelov’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sharelov or third-party trademarks.
Sharelov reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sharelov may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You can cancel your account at any time by emailing email@example.com, at which point your account will be canceled by our team in a timely manner. Your account is considered canceled when you have received an email confirmation of the cancellation from the Sharelov team.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Sharelov, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sharelov service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sharelov reserves the right to refuse service to anyone for any reason at any time.
Sharelov and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and Sharelov expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Sharelov does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the services, and no information, advice or services obtained by you from Sharelov or through the service shall create any warranty not expressly stated in this tos.
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Sharelov be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or (b) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim or, if no fees apply, five hundred ($500) u.s. dollars, or (c) any matter beyond our reasonable control. The provisions of this section allocate the risks under this tos between the parties, and the parties have relied on these limitations in determining whether to enter into this tos.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, Sharelov’s liability will be limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless Sharelov, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Sharelov and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sharelov, or by the posting by Sharelov of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Puerto Rico excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Puerto Rico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Puerto Rico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sharelov may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.