TERMS OF SERVICE
Welcome to ShareStack, set of modules that add functionality to Microsoft SharePoint (hereinafter, the “Service”), provided and operated by Internet Vision Development, (INVID) LLC. (hereinafter, “ShareStack”, “we” or “us”). Please carefully read the Terms of Service set forth below, as they constitute a binding legal contract between you, the application user, as such terms are defined below, or otherwise (hereinafter, “User” or “you”), and ShareStack.
Portions of this Application are available exclusively to registered members (“Members”) of the Application. Before being able to use these portions of the Application, you will be required to register on the Application and provide certain information about yourself including, but not limited to, personal information, such as your name, telephone number, email and password. You must provide ShareStack with accurate, complete and updated registration information when creating your account and keep your account information current at all times.
The right to use this Application is personal to the Member and is not transferable to any other person or entity. As a Member, you shall be responsible for protecting the confidentiality of your password.
ShareStack shall have the right at any time to change or discontinue any aspect or feature of the Application, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ShareStack may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
A. You may not “hack” the Application, circumvent or attempt to circumvent passwords or other technical features meant to protect the Application or limit or control access, or otherwise access without authorization any information that is protected by passwords or other technical measures.
B. You may not place any content on the Application that, in ShareStack’s sole determination, is or may:
· be fraudulent, false, or misleading;
· be harassing;
· be illegal, abusive or threatening;
· be infringing on the copyrights and trademarks of others;
· be sexually explicit;
· be profane, obscene, or pornographic;
· be defamatory or libelous;
· be harmful to minors;
· constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
· be otherwise objectionable;
· not be permitted by the Application under its normal operation; or
· disable or otherwise block partial or full functionality of the Application to others and/or to ShareStack.
C. You may not use the Application or your account within the Application for any commercial or political advertisements, business, solicitations or promotions.
D. You may not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm the Application, other computers nor any electronic equipment.
E. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of the Application or the Service.
F. You may not solicit passwords or other personal information from any other users of the Application or the Service.
G. You may not post or transmit any message which discloses private or personal matters concerning any person.
H. You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Application marks used in an infringing fashion.
I. You will not allow any other person other than yourself to use the Service through your Service account.
J. You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Application and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Application in any manner not expressly authorized by ShareStack.
K. You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Application or the Service or attempt to do so or assist or encourage others in doing so.
L. You may not submit through the Application or through the Service false or incorrect information to ShareStack.
If you breach or infringe, or ShareStack reasonably suspects that you may have breached or infringed any of the clauses in this section, or any other clauses, representations, and covenants of these Terms, ShareStack may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to the Application and/or the Service or any part thereof with or without previous notice to you. ShareStack may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service account and/or the Service or any part thereof for any or no reason with or without notice to you. If ShareStack suspends, cancels, or terminates the Service or your account under this or other paragraph, ShareStack shall have no liability or responsibility to you, including without limitation that ShareStack will not be responsible for any payments made by you for any Service. Nothing in this paragraph or elsewhere in these Terms will be interpreted as creating any responsibility on ShareStack. Your infringement of any of the Terms, including without limitation the clauses in this section, does not provide you the right to any refunds from ShareStack.
You understand and agree that any unauthorized use of the Application or the Service will result in irreparable injury to ShareStack, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, ShareStack, its affiliates and/or their business partners, licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that ShareStack, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
ShareStack may terminate your account at its sole discretion, for any reason or no reason at all. You may also discontinue your use of ShareStack and terminate your account at any time. However, the termination of your access to ShareStack will not release any of the parties from any obligations incurred prior to the termination. Furthermore, ShareStack may retain and continue to use any information provided by you for internal purposes. The termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations mentioned below and all of those terms will survive any termination of this Agreement.
UNDER NO CIRCUMSTANCE SHALL SHARESTACK OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES AS APPLICABLE, WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE APPLICATION, EVEN IF SHARESTACK AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH
PARTICULAR CIRCUMSTANCE, SHARESTACK AND/OR SHARESTACK’S RELATED ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.00.
YOU HEREBY RELEASE AND FOREVER DISCHARGE SHARESTACK AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE APPLICATION OR ANY SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF SHARESTACK IN OPERATING THE APPLICATION, THE SERVICE OR OTHERWISE.
NEITHER SHARESTACK NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS APPLICATION OR THE INABILITY TO GAIN ACCESS TO THE APPLICATION. YOU AGREE THAT, IN NO EVENT SHALL SHARESTACK OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS APPLICATION OR THE USE OF THE SERVICE OR ANY TRANSACTION CONDUCTED THROUGH THIS APPLICATION REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM SHARESTACK’S NEGLIGENCE. IN ANY EVENT, SHARESTACK’S LIABILITY TO YOU IS LIMITED TO $100.00.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARESTACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
· ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
· PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APPLICATION OR FROM ANY TRANSACTIONS CONDUCTED THROUGH THE APPLICATION;
· ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORES THEREIN;
· ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM THE APPLICATION;
· ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY THIRD PARTY;
· ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION; AND OR;
· USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHARESTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ShareStack may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Application and/or the Service or any part thereof for any or no reason with or without previous notice to you. ShareStack shall not be liable to you or to any third party for any modification and/or discontinuation of the Application and/or the Service or any part thereof.
You agree to indemnify, defend and hold ShareStack and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “Indemnitees”) harmless for, from and against any claims, actions, demands, causes of action, losses and expenses, including without limitation reasonable legal and accounting fees (collectively the “Claims”) by reason of, in any way relating to, or arising out of or connected to: (a) your use of the Application and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Application and/or the Service; (c) any content or information uploaded by you or through your account to the Application, the Service, the computer systems running the Application and/or the Service or otherwise and (d) any violation of these Terms. You agree to reimburse any and all Indemnitees on demand for any
losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.
As a convenience, the Application may contain links to other Internet sites that are owned and/or operated by third parties. By offering you these links, ShareStack is not endorsing any other sites and ShareStack has no responsibility or liability, directly or indirectly, for such third party sites, including without limitation for their content. You access third party linked sites at your own risk. ShareStack, its affiliates and/or their business partners may present promotional materials and advertisements through the Application. Such promotional materials and events belonging to the aforementioned third parties including, without limitation, payment and delivery of goods or services, your interaction with such third parties and their corresponding terms, conditions, and covenants are solely between you and such third party. ShareStack and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.
Subject to the Terms of this Agreement, ShareStack grants you a limited, non-transferable, non-assignable and revocable right to a limited use of the Application for the purpose stated in these Terms in order to access and observe its content through an Internet browser, mobile phone or handheld computer, as may be applicable, and to use the limited functionalities of the Application such as registration, logging in and out, and purchasing as may be provided, changed and limited by ShareStack from time to time.
You grant ShareStack a transferable, assignable right to use the information you supply to this Application, including but not limited to the use of the information to provide you with services and to execute any appropriate charges as further explained in these Terms.
ShareStack may assign the Terms and its rights that arise thereunder. You may not assign your rights under these Terms.
The Service as well as all the content included in the Application, including without limitation the text, graphics, logos, icons, screens and configurations, are the property of ShareStack or its licensors (or is a nominative use of trademark) and is protected by United States and international copyright and trademark laws. All software used in the Service and in this Application is the property of ShareStack or its software suppliers and is also protected by United States and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Application and/or the Service. Any use of the content or software of the Service or the Application other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works.
Portions of this Application allow users to post user-supplied content, which may include copyrighted works. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”), ShareStack shall take action upon receipt of notice from a copyright owner or their authorized agents if they have a good-faith belief that their copyrighted works are being infringed. Such notice from a copyright owner or authorized representative should be sent to:
Attn: Copyright Agent
ShareStack will respond to such notifications through email, fax, or regular mail.
To be effective, your notification must be in writing and include: (a) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; (b) identification of the material or link claimed to be infringing and to which access is to be disabled, including, at a minimum, information reasonable sufficient to permit ShareStack to locate the material on this Application (such as the URL(s) of the claimed infringing material) and locate the user that posted the material; (c) information reasonably sufficient to permit ShareStack to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted; (d) 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; (e) 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; and (f) your physical or electronic signature.
These Terms constitute the entire agreement between you and ShareStack and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. ShareStack’s failure to pursue any available claim or defense pursuant to the Terms will not be a waiver of such claim or defense. The headings used in this document are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
This Agreement shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Puerto Rico. You agree that ShareStack and the Service shall be deemed solely based in the Commonwealth of Puerto Rico and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ShareStack, either specific or general, in jurisdictions other than the Commonwealth of Puerto Rico. Any dispute arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, that the parties cannot resolve in good faith within thirty (30) days shall be directed to a binding arbitration administered by an arbiter, pursuant to the rules of the American Arbitration Association (“AAA”). The arbitration will take place in San Juan, Puerto Rico, with all expenses being shared equally by the parties. The arbiter must act in accordance with the substantive laws of the Commonwealth of Puerto Rico and the rules of the AAA. The parties to this Agreement hereby agree to submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Puerto Rico in any action or proceeding arising out of or relating to this Agreement that cannot be otherwise submitted for arbitration. Nothing in this Section XVI shall be deemed as preventing ShareStack from seeking injunctive or other equitable relief from the courts as necessary to protect any of ShareStack’s proprietary interests.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SHARESTACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.