Posted: May 4, 2017
Effective: May 4, 2017
In order to access and use certain sections and features of the Services, you must first register and create an account with ShareBoost or other related web applications (“User Account”, "User Website").
You must provide accurate and complete information when registering your User Account and using the Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or Content (as defined in these Terms of Service) submitted to us.
The Company will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to the Services, as the person or entity who has access to the e-mail address then listed in The Company's records for such User Account under which such Content was created.
You are responsible for safeguarding your User Account, so use a strong password and limit its use to this User Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services or its Partners. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. Depending on your use of the Services we may provide you with communication messages and emails that are related to your User Website or User Account.
If any Paid Services (as defined below) were purchased via a User Account, The Company will consider the owner of such User Account and/or the relevant Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on The Company's database, The Company will consider the owner of such User Account and relevant Content as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, The Company will consider the organization as the actual owner of the domain, and therefore as the owner of the User Account and Content connected to such domain. In event the Billing Information indicates one person as the owner of the User Account and the domain registration indicates a different owner, The Company shall consider the person registered as the owner of the domain connected to the User Account as the owner.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.
Notwithstanding the forgoing, The Company shall have the right to determine the ownership of the Content and/or a User Account as it chooses, including by ignoring the indications set forth above, in event The Company deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by The Company.
The Company reserves the right to terminate free or trial or offensive or misleading User Accounts at will and we reserve the right to do so without liability to you or any other party.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post, upload or use via the Services ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Services. We do not control the Content you post via the Services.
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, indecent, objectionable or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services.
You shall own all intellectual property pertaining to your uploaded Content, including to any images, animations, videos, audio files, logos, illustrations, compositions, artworks, text, literary works and any other materials created by you. The Company does not claim ownership rights on your content. For the sole purpose of granting you the service, You know, agree and give your permission we will need to upload your content to our platform, including third-party cloud services, CDN’s, to make display adjustments and perform any other technical actions required.
You warrant that the Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for The Company and/or your End Users to use or possess in connection with the Services.
The Company respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing or considered offensive or considered misleading without prior notice, at our sole discretion, and without liability to you.
You consent and warrant that you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Content, and you will adhere to all laws applicable thereto.
You're responsible for your conduct. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post, project and share via the Services.
Help us keep you informed and your Content protected. Safeguard your password to the Services, and keep your User Account information current. Don't share your User Account credentials or give others access to your User Account.
You undertake and agree to fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.
You understand and agree to regularly and independently save and backup any of your Content and the information that is being processed by you regarding your User Account, including with respect to End Users, Services and any applications and/or Third Party Services used by you.
You consent and accept that you will be solely responsible and liable with respect to any of the uses of the Services which occur under your User Account and/or User Website(s), and for any of your Content (including for any consequences of using or publishing such Content on or with respect to the Services).
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you're over 18.
You undertake and agree to allow the Company to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of The Company’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against The Company or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
You represent and warrant that your country of residence and/or your personal and/or company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us. You accept, understand and warrant that The Company does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked as experimental, beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as ShareBoost's other services, so please keep that in mind.
The Services are protected by copyright, trademark, and other EU, US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, ShareBoost or The Company's trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. If you provide us with any suggestions, comments or other feedback relating to the Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by The Company. By providing such Feedback to The Company, you ( a ) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; ( b ) irrevocably assign to The Company any right, title and interest you may have in such Feedback, ( c ) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
17 Agias Sofias Street,
Thessaloniki, Greece 54623
Billing. You add and activate paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.
No Refunds. You may cancel your ShareBoost Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it, reduce your storage, disable paid features and terminate your account. You may discontinue to use and request to downgrade or terminate your User Account and/or any Services at any time, in accordance with the instructions available on the Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Chargebacks. If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your User Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation.
Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by The Company and/or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to The Company, we encourage you to first contact our Customer Support before filing a Chargeback or reversal of payment, in order to prevent the Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
We'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your Content from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services. We won't provide notice before termination where:
We may decide to discontinue the Services in response to unforeseen circumstances beyond The Company's control, in a change of User Account plans or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ShareBoost AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
The Company may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website, Account and/or Content, at any time and for any reason, with or without notice
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ShareBoost'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, THE COMPANY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
( a ) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
( b ) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ShareBoost OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ShareBoost, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. THE COMPANY AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF €10 EUROS OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT USER ACCOUNT PLAN WITH ShareBoost.
Finding a friendly solution. We want to address your concerns without needing a formal legal case. Before filing a claim against ShareBoost, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or ShareBoost may bring a formal proceeding.
Judicial forum for disputes. You and ShareBoost agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the state courts of Thessaloniki, Greece, subject to the mandatory arbitration provisions below. Both you and ShareBoost consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
These Terms will be governed by Greek (Hellenic Republic) law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
These Terms constitute the entire agreement between you and The Company with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
The Company's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don't agree to the updates we make, please cancel or terminate your User Account before they become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.