Sharezie Terms & Conditions
9449728 Canada inc. (referred to in these Terms of Service as “Sharezie,” “we,” “us” or “our”) facilitates users’ ability to share photos with friends, family and event participants and provides photo organization services (as described further below) through Sharezie App on our website located at www.sharezieapp.com (the “Site”) (the Site and the Sharezie App collectively, including any new features or versions of the Sharezie App and related services, the “Service”) subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time. If we make any changes, we will post them here and will indicate the date that these Terms of Service were last revised at the top of this page. We will also notify you of any material changes to these Terms of Service through a pop-up notice, the Service’s user interface, in an email notification or through other reasonable means. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN HAVING THEM RESOLVED BY A JURY OR IN A COURT OF LAW, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SHAREZIE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Access and Use of the Service
Description of the Service:
Photo Sharing through Event Albums: The Service permits users to share photographs taken with their mobile devices in real-time with friends, family or fellow event participants by creating or contributing to photo events (“Events”) through the Service. To create an Event through the Sharezie App, a user (the “Admin”) specifies a time window and a name for the Event and either (a) selects which contacts to invite to view and/or contribute to the Event (“Invited Contacts”) or (b) sets up a code for the Event that recipients may enter into the Sharezie App to view and contribute to the Event. If you are an Invited Contact or other viewer of or contributor to a Event (a “Event participant”), please note that the Admin may modify your ability to view and/or contribute to the Event through the Service at any time.
Each Invited Contact will receive a text message that the Admin has shared an Event with the Invited Contact. An Invited Contact will be able to view the photos uploaded to the Event by the Admin and any other Event contributor(s) through the Service by opening and viewing the Event through the Sharezie App or clicking on the link to the Event in the text message. An Invited Contact selected by the Admin to contribute to the Event will by default automatically opt in through the Sharezie App to contribute photos taken during the applicable time window with the Invited Contact’s mobile device to the Event.
Recipients of codes to Events will be able to view and contribute to the photos in an Event by entering the Event code into the Sharezie App and opting in to join the Event through the Sharezie App.
All photos taken during an Event with the mobile device of the User, an Invited Contact or other Event participant who has agreed through the Sharezie App to become an Event contributor will be automatically uploaded from the user’s mobile device to the Event. If an Invited Contact whom the Admin selects to contribute to the Event or other Event participant does not wish to contribute to the Event for all or any portion of the Event time window, the Invited Contact or other Event participant may choose to opt out as a contributor at any time by becoming entering into “Specator Mode” or “Leaving” the Event. An Invited Contact or other Event participant may also remove any photos that the Invited Contact or the Event participant contributes to the Event through the Sharezie App. For more information on removing photos from the Service taken with and uploaded to the Service from your mobile device, please see the section titled “Removal of Your Content” below.
Once an Event has ended, photos taken during the Event will be collected in an album and made available to the Admin and Event participants to view on the Service. The Admin and Event participants will be able to save photos from the Event to their own devices and share photos with others by (a) sending photos from the Event in text messages, (b) providing the link to the Event on the Service to others or (c) posting photos from the Event on third-party social media services integrated with the Service. If you use the Service to share photos through Events, you acknowledge and agree that Event participants may save and share your photos in this manner and/or forward links to Event or related albums to others, and that Sharezie is not responsible for how Event participants or others may use or further share photos on the Service or otherwise.
Automatic Photo Uploads: Once a user creates or contributes to an Event through the Sharezie App, the user will be able to opt in to have all future photos taken using the camera on the user’s mobile device automatically uploaded to the Service and organized based on when and where they were taken, the people, places, and other visual information in them and other information provided to us. Users may turn off automatic photo uploads and organization at any time by modifying their account settings in the Sharezie App. If a user selects ‘Spectator Mode’, the user will continue to be able to view photos from Events in the Sharezie App.
Account, Password and Security: You are responsible for maintaining the confidentiality of your password and other account information you use to access the Service, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Sharezie of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Sharezie will not be liable for any loss or damage arising from your failure to comply with this section.
Communications with Users and Visitors: By downloading the Sharezie App, signing up for an account, and/or otherwise consenting to receive communications from us, you agree that we and third parties acting on our behalf may communicate with you electronically via emails, SMS, MMS or text messages, telephone calls, in-app messages and push notifications for administrative, marketing and other purposes. We and third parties acting on our behalf may send in-app messages, push notifications or text messages to you on your mobile device or call the mobile telephone number you have provided to us for any of these purposes, even if that number is on a corporate, state or national Do Not Call Registry. Such communications may be prerecorded or made using an automatic telephone dialing system, and may be recorded or monitored. Standard charges, data rates and other fees may apply. You do not have to agree to receive such communications as a condition to purchasing any products or services from us.
You may opt out of receiving advertising and marketing emails, text messages and calls from us by following the instructions in the email or text message, as applicable, or by notifying us that you wish to opt out of receiving some or all communications from Sharezie at [email protected]. Please note that opting out of receiving all text messages or other messages or notifications from us may affect your ability to use certain features of the Service.
Modifications to Service: Sharezie reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sharezie will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Sharezie may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that photos, data or other content will be retained by the Service and the maximum storage space that will be allotted on Sharezie’s servers on your behalf. You agree that Sharezie has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Sharezie reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Sharezie reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Mobile Services: The Service includes certain features or services that are available via a mobile device or may be available via a mobile device in the future, including (a) the ability for users to share photos with friends, family and fellow event participants through the Service, (b) the ability for users to invite others to view and contribute to Events, (c) the automatic upload of photos from users’ mobile devices and the automatic organization of such photos through the Sharezie App, (d) the ability to submit other content to the Service and (e) the ability to browse the Service from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you acknowledge and agree that certain information about your usage of the Mobile Services may be communicated to us. By providing us with your mobile telephone number and consenting to receive messages from us when you sign up for an account with the Service, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device to provide you with information regarding your account and the Service.
For additional terms and information on the Mobile Services and the Sharezie App, please see the section titled “Mobile Applications” below.
Conditions of Use
User and Visitor Conduct: You are solely responsible for all code, images, information, data, text, software, photos, graphics, messages or other materials that you transmit, upload, post, publish or display or cause to be transmitted, uploaded, posted, published or displayed (hereinafter, “upload”) to or through the Service, including content that is automatically uploaded from your mobile device to the Service, or that you send, cause to be sent or otherwise use via the Service (collectively, your “content”). The following are examples of the kind of content and/or use that is illegal or prohibited by Sharezie. Sharezie reserves the right to investigate and take appropriate legal action against anyone who, in Sharezie’s sole discretion, violates this provision, including without limitation by removing the offending content from the Service, suspending or terminating the account of such violator and reporting the violator to the law enforcement authorities. You agree to not use the Service to:
1. Email, share, send or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Sharezie, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Sharezie or its users or visitors to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
2. violate the legal rights of others;
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18, or harm minors in any way;
6. harvest or collect email addresses or other contact information of other users or visitors from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Pricing and Payment Terms: We may make products or services available for purchase through the Service. By purchasing any products or services through the Service, you agree to the pricing and payment terms for such products or services, as may be updated from time to time. You are responsible for all taxes associated with such purchases, other than Canadian taxes based on Sharezie’s net income. In connection with such purchases, you represent, warrant and agree to provide accurate, current and complete information regarding your credit card or other payment instrument to our third party payment processor, and represent and warrant that you are authorized to use the credit card or other payment instrument.
Special Notice for International Use; Export Controls: The technology and software underlying the Service or distributed or available in connection therewith (the “Software”) and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use Not Permitted: Unless otherwise expressly authorized in these Terms of Service or on the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Sharezie offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
· Sharezie and you acknowledge that these Terms of Service are concluded between Sharezie and you only, and not with Apple, and that as between Sharezie and Apple, Sharezie, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
· You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
· Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
· Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
· Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Sharezie’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
· Sharezie and you acknowledge that Sharezie, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
· In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Sharezie and Apple, Sharezie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
· You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
· If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Sharezie as follows: [email protected].
Sharezie and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
App Updates: You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software, the Sharezie App and the Service. If you install the Sharezie App, you consent to these updates and agree such updates may be automatically installed without Sharezie providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to uninstall and stop using the Sharezie App. You acknowledge that you may be required to install updates to use the Sharezie App, and you agree to promptly install any updates Sharezie provides if the update does not automatically install. By continuing to use the Sharezie App after an update, you renew your agreement to the then-current Terms of Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Sharezie, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to or through the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Sharezie from accessing the Service, you agree not to implement any measures to circumvent such blocking. Any use of the Service or the Service Content other than as specifically authorized in these Terms of Service is strictly prohibited. The Software is the property of Sharezie, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms of Service are reserved by Sharezie.
The Sharezie name and logos are trademarks and service marks of Sharezie (collectively, the “Sharezie Trademarks”). Other company, product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Sharezie. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Sharezie Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Sharezie Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Sharezie be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Sharezie may not pre-screen content, but that Sharezie and our designees will have the right (but not the obligation) in our or their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Sharezie and our designees will have the right to remove any content that violates these Terms of Service or is deemed by Sharezie, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to your content or other materials uploaded to the Service from your mobile device and shared with other users or recipients through the Service, you represent and warrant that you own all right, title and interest in and to such content, including, without limitation, all copyright and rights of publicity contained therein, or that you otherwise have the right to upload and share such content and grant the license to Sharezie set forth in this paragraph. You acknowledge and agree that content made available to other users or recipients through the Service may be accessed, viewed, downloaded, saved, stored, displayed or shared by them, and we are not responsible for how others may use or share such content. You are solely responsible for your content and you or a third-party licensor, as appropriate, retain all rights in your content not expressly granted in these Terms of Service. By uploading any content, you hereby grant and will grant Sharezie and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, host, store, modify and otherwise use your content in connection with the operation of the Service, in any form, medium or technology now known or later developed.
User Content Uploaded to Sharezie: Without limiting or derogating from the rights granted above, by uploading any content to an Event hosted by or on behalf of us or one of our business partners, you hereby grant and will grant Sharezie, our affiliated companies and the applicable business partner a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, modify and otherwise use such content in any form, medium or technology now known or later developed for purposes of promoting related events, products and services without acknowledgment or compensation to you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Sharezie are non-confidential and Sharezie will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Sharezie may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Sharezie, our users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks; processing of your information within the United States; and changes to conform and adapt to technical requirements of connecting networks or devices.
Use of User Content on the Service: Unless you and Sharezie agree otherwise under a separate written agreement, you understand and agree that you will not obtain, as a result of your use of the Service, any right, title or interest in or to others’ content or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in such content. Except as provided in these Terms of Service or in a separate written agreement between you and Sharezie, you may not copy, modify, publish, broadcast, transmit, distribute, perform, display or otherwise use others’ content.
Copyright Complaints: Sharezie respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Sharezie of your infringement claim in accordance with the procedure set forth below.
Sharezie will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
3 Place Ville Marie, Suite 400, Montreal, QC, H3B 2E3
To be effective, the notification must be in writing and contain the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:
· your physical or electronic signature;
· identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Quebec and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sharezie will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Sharezie has adopted a policy of terminating, in appropriate circumstances and at Sharezie’s sole discretion, the accounts of or access by users who are deemed to be repeat infringers. Sharezie may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Services
The Service may provide, or third parties may provide, links or other access to sites and services of third parties. Sharezie has no control over such sites and services, and Sharezie is not responsible for and does not endorse such sites and services. You further acknowledge and agree that Sharezie will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or services. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Sharezie is not liable for any loss or claim that you may have against any such third party.
Integrated Third-Party Services
In addition, Sharezie is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Integrated Services. As such, Sharezie is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Integrated Services. Sharezie enables these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation of any Integrated Services.
Indemnity and Release
You agree to release, indemnify and hold Sharezie and our affiliates and our and their officers, employees, directors and agents (each such party, an “Indemnified Party”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any content uploaded from your mobile device to the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnified Party from or against any liability, losses, damages, expenses or costs incurred as a result of any action or inaction of such Indemnified Party.
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the extent permitted under applicable law.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHAREZIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SHAREZIE MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHAREZIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHAREZIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SHAREZIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SHAREZIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN THE SECTIONS ABOVE TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO OR BE ENFORCEABLE WITH RESPECT TO USERS OR VISITORS FROM SUCH JURISDICTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER OR VISITOR FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You agree that Sharezie, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Sharezie believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Sharezie may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Sharezie may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Sharezie will not be liable to you or any third party for any termination of your access to the Service.
You may terminate your account at any time and for any reason by deleting the Sharezie App and notifying us via email at [email protected]. Termination of your account will be effective within a commercially reasonable time after we receive notification from you.
You understand that your content may remain on the Service at Sharezie’s discretion following the termination of your account unless you expressly request the removal of your content by contacting us at [email protected]. You also understand that your content may remain on portions of the Service visible to others if it has been posted or reposted by other users, and that your content may remain on our servers or in our records after it has been removed from your account.
You agree that you are solely responsible for your interactions with any other user of or visitor to the Service in connection with the Service and Sharezie will have no liability or responsibility with respect thereto. Sharezie reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of or visitor to the Service.
These Terms of Service and the additional terms referred to in these Terms of Service constitute the entire agreement between you and Sharezie and govern your use of the Service, superseding any prior agreements between you and Sharezie with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Quebec without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Sharezie agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Quebec, Canada. The failure of Sharezie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Except as set forth in the Arbitration Agreement above, if any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Sharezie, but Sharezie may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you regarding the Service, including changes to these Terms of Service, may be made via either email or through displaying notices or links to notices generally on the Service, or by push notification or text message if you have downloaded the Sharezie App, set up an account with Sharezie and consented to receive such notifications or messages.
Sharezie App abides by the rules contained in the Consumer Protection Act of Quebec and Ontario, as well as the federal Competition Act and Privacy Act.
You may contact us at Sharezie at:
3 Place Ville Marie, Suite 400
Montreal, QC, H3B 2E3
Questions? Concerns? Suggestions?
Please contact us at [email protected]to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.