You agree that by accessing, using or registering an account with our Services (defined below) or by entering into an order form to use the Services, you or, if you are entering into these terms on behalf of your organization, such organization (“you” or “User”) is agreeing to enter into a legally binding contract with ShareContent, Inc. (“ShareContent”) by which you agree to abide by these terms of service (these “Terms”) and our Privacy Policy (the “Privacy Policy” and, together with the Terms, the “Contract”) unless you have entered into another binding agreement with us. If you do not agree to the terms and conditions of this Contract, you may not access or use our Services. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have all necessary authority to bind such organization to these Terms and that, from and after the date you enter into these Terms, these Terms will be a binding obligation of such organization, enforceable against such organization in accordance with the terms hereof.
If you are an individual User and are using the Services as part of a team plan (a “Team Plan”) purchased by your employer or other affiliated organization, your use of the Services is contingent on payment by your employer or other organization. You remain bound by the restrictions on use, license to User Submissions and limitation of liability provisions contained in these Terms, but you are not subject to the payment obligations contained herein.
From time to time, we may modify these Terms and our Privacy Policy. If we make material changes to these Terms or our Privacy Policy, we will seek to provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before the date by which they become effective as indicated in the notice (the “Effective Date”). Your continued use of our Services after we publish or send notice about changes to the Contract means that you are consenting to the updated Contract as of the Effective Date. Notwithstanding the foregoing, if we modify these Terms in a way that materially and adversely affects your rights to access and use the Services, we will, at your request, negotiate with you in good faith to terminate any then-outstanding order form or to issue you a partial refund.
If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using our Services or Materials (as defined below); however, the foregoing termination right does not apply to organizations that purchased a Team Plan that sets forth a minimum contract term. In the event of a Team Plan with a minimum contract term, You will be obligated to pay for the Services for the duration of such minimum contract term. All provisions that, by their nature, should survive termination of this Contract shall survive termination, including provisions regarding ownership of intellectual property, limitations of liability and terms regarding the disputes between you and ShareContent.
This Contract applies to ShareContent.co, other ShareContent-related websites, applications, communications, programs and other services that ShareContent provides to you from time to time (“Services”), including any events or programs that take place in person or virtually. Anyone who uses or accesses the Services, registers an account with ShareContent, or agrees to be bound by this Contract, is a User subject to these Terms.
We respect the intellectual property of others, so we ask you to do the same. The video, text, software, photos, graphics, images, live events, audio, designs, trademarks, proprietary information and other content of, or related to, the Services (collectively, “Materials”) are protected by copyright, trademark and other laws not owned by ShareContent. Your Contract is explicitly NOT for use of the intellectual property and Materials from partner organizations who make their intellectual property available on the ShareContent site. Your Contract is for the technology, customer support, curation of content, and intellectual property of the ShareContent technology platform. ShareContent® and FieldGuides® are registered trademarks of Shaar Inc. and ShareContent and applicable third parties, such as ShareContent’s licensors, own copyright, trademark, and other rights in the Services and Materials, and reserve all rights in them.
Anything you post, upload, share, store, or otherwise provide through the Services or in connection with your use of the Services is your “User Submission”. You are solely responsible for all User Submissions you contribute. You represent that all User Submissions submitted by you comply with all applicable laws, rules and regulations and are not otherwise offensive or inappropriate for the Services (as determined by ShareContent in its sole discretion).
By submitting User Submissions, you hereby grant ShareContent a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses.
ShareContent does not offer refunds once you have been charged. To ask a question about your subscription, please email our support team at info@ShareContent.co.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. If you are an organization that has purchased a Team Plan, you remain responsible for all acts and omissions of users affiliated with your organization.
You shall not share login credentials with others on the platform. You will immediately notify us in writing through an email to info@ShareContent.co of any unauthorized use of your account, or any other known account-related security breach. If you are an organization that has purchased a Team Plan, you will immediately notify us of any unauthorized use or other security issue related to one of your Team Plan accounts or any other activity occurring through a Team Plan account that violates these Terms.
If you are an organization that has purchased a Team Plan, you may request a transfer of an individual User’s membership through an email to info@ShareContent.co.
If you manage a team plan on ShareContent, you may not transfer seats between Users on your subscription unless the User is either (A) no longer employed by your company or (B) on a formal, extended leave of absence. ShareContent reserves the right to restrict, suspend or terminate your use of the Services if you breach this Contract or the law, or if ShareContent determines in its discretion that you are misusing the Services in any way.
You may use the Services and Materials only in the manner and for the purposes specified in this Contract.
Except as provided in this Contract, you may not access, use, download, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new or derivative works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Services and Materials in whole or in part. Without limiting the foregoing, you may not share or otherwise provide links to live events with third-parties (including other members of the ShareContent community).
You may download and copy Materials clearly designated as a “downloadable” within the Services and you may take notes summarizing the Materials within the Services, in each case solely for your personal use unless explicitly stated otherwise. If you wish to use other Materials in other ways, you may do so only if you request and receive specific prior written authorization from ShareContent.
You may use and access the Services only through platforms authorized by ShareContent, such as the ShareContent.co website and ShareContent’s partner sites, and only in a manner that comports with the User Conduct Policies and other terms set forth in this Contract.
The Services may contain links to third-party websites or services that are not owned or controlled by ShareContent. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that ShareContent is not responsible for such risks. In particular, ShareContent will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
Your eligibility to use or access the Services and Materials is contingent on remaining in good standing as a member of the ShareContent community. These policies, which we continue to develop, provide guidance and rules for the use of our Services and Materials:
Any violation of these policies shall constitute a breach of the Contract, which may result in immediate termination of your account.
Your use of the Services is subject to your payment of the subscription fees that were presented to you at the time of enrollment. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. Currently, we use Stripe, Inc. as our Payment Processor. We are not responsible for the errors or omissions of our Payment Processor. By enrolling in the Services, you agree to pay us, through the Payment Processor, all charges at the prices communicated to you at the time of enrollment, and you authorize us, through the Payment Processor, to charge your chosen payment provider.
To prevent fraud and ensure the security of our payment system, we may initiate a small pre-authorization charge of a few dollars on new cards. These pre-authorization charges are not actual charges and no funds will be deducted from your account. The pre-authorization amount will be released shortly after the authorization is complete, typically within 3-5 business days, depending on your bank’s policies.
If you have enrolled in a subscription with an auto-renewing payment plan, you accept responsibility for all recurring charges prior to cancellation. Your subscription will automatically renew for successive renewal periods of the same duration as the original subscription term at the then-current rate. WE MAY SUBMIT PERIODIC CHARGES IN ACCORDANCE WITH YOUR SUBSCRIPTION PLAN WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.
We will provide notices and communications to you in the following ways: (1) through the Services, or (2) sent to the contact information you provided us (e.g., email or physical address). You agree to keep your contact information up to date.
We may make available to you, within our website or through other products or features (including a browser extension) certain interactive features powered by artificial intelligence (“AI”, and such features, the “AI Features”). The AI Features may generate suggestions, highlight resources or otherwise provide output designed to assist you with tasks you are performing or content you are viewing. In order to function properly, the AI Features may access and process information generated through programs you are using or webpages or other content that you are viewing. By using the AI Features, you acknowledge and agree that we may have access to such programs or content to the extent necessary to provide and optimize the AI Features. We will not retain such content longer than is necessary to provide you with suggestions or other output; however, we may retain certain de-identified data that is not capable of revealing information about you or your data.
We make no representations or warranties whatsoever regarding the AI Features, which are provided “as is” and should be used at your own risk. You should evaluate the accuracy of any information produced from an AI Feature as appropriate for your use case.
Your use of the AI Features may be subject to additional fees and charges, which we will communicate to you at the time you access or subscribe to the AI Features.
ShareContent makes no representations or warranties concerning the Services, including without limitation regarding any Materials contained in or accessed through the Services, and will not be responsible or liable for the accuracy, quality or suitability of any Materials for your intended purpose.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ShareContent BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO ShareContent IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without ShareContent’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of laws provisions thereof. All conflicts arising out of these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and you hereby submit to the jurisdiction of such courts. YOU AND ShareContent WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS RELATED TO THESE TERMS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ShareContent agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ShareContent, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ShareContent, and you do not have any authority of any kind to bind ShareContent in any respect whatsoever. These Terms and any order form you enter into for the Services constitute the entire agreement between you and us with respect to your use of the Services. In the event of any conflict between an order form and these Terms, the conflicting term in the order form will supersede with respect to such conflict.
