Sharelendar Terms of Service

Introduction

Welcome to Sharelendar! Sharelendar is a communication service where family and friends share plans, moments, events in their lives. The Sharelendar services are operated by Sharelendar, Inc which consists of the Sharelendar Web sites and services offered by Sharelendar and its affiliates. By using the Sharelendar Service, you agree and confirm that you have read and understand the following terms and conditions, the ’Terms of Service’, and accept and agree to be bound by them, whether or not you register with Sharelendar.

Terms of Service

We have the right to add, modify, change, or delete portions of these Terms of Service at any time without further notice. If this happens, we will post the changes to these Terms of Service and we may send registered users an email notifying you of the change. IF ANY CHANGE OR MODIFICATION IS NOT ACCEPTABLE TO YOU, YOU SHALL STOP USING THE SHARELENDAR SERVICE. THE CONTINUED USE OF THE SHARELENDAR SERVICE BY YOU FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Conditions for Membership

You agree and shall adhere to all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Sharelendar Service. You agree NOT to:

• Violate local laws, Threaten, abuse, harass, stalk, or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Transmit, Copy, publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Abuse and misuse other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
• Publish or transmit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Publish or transmit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Sharelendar.
• Create a false identity of, impersonate, including, but not limited to, a Sharelendar employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Disseminate, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Inappropriately misuse the Sharelendar Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
• Gain unauthorized access to the Sharelendar Services, other member accounts, networks connected to the Sharelendar Service, through password mining or any other means.
• Modify, change, adapt, translate, or reverse engineer any portion of the Sharelendar Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Sharelendar Service, except with written authorization by Sharelendar.
• Alter, reformat or frame any portion of the web pages that are part of the Sharelendar Service.
• Infringe or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Delete or remove any copyright, trademark or other proprietary rights notices contained in or on the Sharelendar Service.
• Transmit or disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Violate or interfere with another Member's use and enjoyment of the Sharelendar Service.
• Collect or harvest email addresses or other contact information of Members, including user names, from the Sharelendar Service by electronic or other means.

Eligibility

You must be at least 13 years old to use the Sharelendar Service. By registering and signing up for the Sharelendar Service, you acknowledge and confirm that you are 13 or older and that you understand, agree to and shall comply with these Terms of Service. You shall provide true, accurate and complete registration information to be a Sharelendar member, and also maintain the accuracy of this information. As part of the registration process, you need to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Use or membership with the Sharelendar Service is void where prohibited.

Proprietary Rights

Sharelendar may claim ownership rights in any Materials that you submit, post, or display on or through the Sharelendar Service. After submitting, posting or displaying Materials on or through Sharelendar Service you continue to have the right to use your Materials in any way you choose. By transmitting, submitting, posting or displaying any Materials on or through the Sharelendar Service, you hereby grant to Sharelendar and its agents and assign a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the Sharelendar Service or the promotion thereof.

Without the right to change or modify your Materials, Sharelendar would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Sharelendar could not allow users and Members to listen to music posted by Members. The license you grant to Sharelendar will be non-exclusive, fully-paid and royalty-free (meaning that Sharelendar is not required to pay you for the use on the Sharelendar Service of the Materials that you post), sub licensable (so that Sharelendar is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Sharelendar Service), and worldwide (because the Internet and the Sharelendar Service are global in reach). This license will terminate at the time you remove your Materials from the Sharelendar Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Sharelendar Service, Sharelendar reserves the right to remove all of your Materials from other Member's pages. The license does not grant Sharelendar the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through the Sharelendar Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Sharelendar Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Sharelendar Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.

Sharelendar, Inc. and its affiliates and licensors own and retain all rights in the Sharelendar Web site and Sharelendar Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (A) Post, (B) software, (C) photographs, (D) graphics, (E) page layout, and (F) design presented through and as part of the Sharelendar Service. Except with written authorization by Sharelendar, you may not modify, publish, copy, transmit, distribute, perform, display or sell any of Sharelendar's proprietary information. Sharelendar, Inc. is the owner of the Sharelendar and Sharelendar.com marks, among others claims.

Member Conduct

The Sharelendar Service is available only for your personal use. You shall not use Sharelendar services for any commercial purpose, without first obtaining Sharelendar’s approval through a written agreement. You shall not use the Sharelendar Service for any illegal or unauthorized purpose. International users shall comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are personally responsible for your conduct and any data, information, photos, profiles, links and other content that you submit, post, and display on the Sharelendar Service.

We may remove or limit access to contents or materials originating from any Sharelendar user, that we determine are unlawful, obscene, fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Sharelendar reserves the right to deactivate user accounts and user names that have been inactive for prolonged periods.

Copyright Policy

Sharelendar adhere to and respects the intellectual property rights of others and reserves the right to terminate any user's access to the Sharelendar Service according to these terms of use if Sharelendar is aware and notified and confirmed that such user's activities infringe the rights of third parties on more than one occasion. You shall not transmit, post, alter, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification with us, by sending a written communication which should include the following information, in the same order as is set out in (a) to (j) below:

(a) A clear, detailed and complete description of the copyrighted work that you claim has been infringed, which should include the type of work and any relevant further details; (b) signed statement that you have confirmed and identified material on the Sharelendar Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (c) the country or countries to which your copyright applies; (d) a description of the way in which the copyright material has been infringed; (e) a description of where the material that you claim is infringing is located on the Sharelendar Service (including a URL and/or screen shot); (f) your address, telephone number, and email address so that we may get in contact with you; (g) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (h) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (i) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (j) an electronic or physical signature (which may be a scanned copy) of the copyright owner.

If you are not certain of your rights in regarding your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Sharelendar. This legal process is regulated by statute. There may be adverse legal and financial consequences if you falsely allege copyright infringement or send a Notice to Sharelendar in bad faith.

Copyright Counter Notice

If you believe that any material that you have uploaded on to the Sharelendar Service has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (1) to (4) below:

(1) your name, address, telephone number, email address and a signed statement that you will accept service from the person (or an authorized representative of such person) who provided Sharelendar with the complaint in question; (2) complete details of the material that has been removed or to which Sharelendar has disabled access and the accompanying location of such material; (3) a statement by you that you believe and acting in good faith that the material identified above was removed as a result of a mistake of the material to be removed and (4) an electronic or physical copy of your signature (which may be a scanned copy).

Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:

If you are not certain of your rights regarding your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Sharelendar. This legal process is regulated by statute. There may be adverse legal and financial consequences if you falsely allege copyright infringement or send a Notice to Sharelendar in bad faith.

Internet/WAP Access

Sharelendar shall not be responsible for any connection or access to the Sharelendar Service by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Sharelendar Service via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Sharelendar shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Sharelendar Service via WAP.

Termination of the Sharelendar Service

The Terms of Service shall apply to your use of the Sharelendar Service. At any time, you can terminate your account. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Sharelendar Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Sharelendar may, at any time, discontinue temporarily or permanently providing the Sharelendar Service, or any part thereof, with or without notice. You agree that any termination of access to the Sharelendar Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Sharelendar 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 Sharelendar Service. Where reasonable, Sharelendar will use good faith efforts to give Members fair notice of termination or suspension of their access to the Sharelendar Service. Further you acknowledge and agree that Sharelendar shall not be liable to you or any third party for any termination or suspension of access to the Sharelendar Service or modification of the Sharelendar Service.

Disclaimer of Warranties

Sharelendar and its associates, affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the Sharelendar Service.

Sharelendar and its affiliates further expressly disclaims (1) that the Sharelendar Service will meet your requirements and will be uninterrupted, and timely, (2) that defects or errors will be corrected, and (3) that the use of or the results of the use of the Sharelendar Service or the content made available as part of the Sharelendar Service will be correct, accurate, timely and reliable.

Sharelendar and its affiliates expressly disclaims any and all responsibility and liability for the conduct of any Member, and expressly disclaims that the content and Materials of the Sharelendar Service input by other Members is correct or accurate.

SHARELENDAR AND ITS AFFILIATES SHALL PROVIDE THE SHARELENDAR SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SHARELENDAR SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SHARELENDAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU AGREE THAT YOUR USE OF THE SHARELENDAR SERVICE IS ENTIRELY AT YOUR OWN RISK.

Liability

YOUR USE OF THE SHARELENDAR SERVICE IS AT YOUR SOLE DESCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL SHARELENDAR, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SHARELENDAR SERVICE, WHETHER OR NOT SHARELENDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SHARELENDAR SERVICE, FROM INABILITY TO USE THE SHARELENDAR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SHARELENDAR SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SHARELENDAR SERVICE OR ANY PART OF THE SHARELENDAR SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHARELENDAR SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL SHARELENDAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SHARELENDAR OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

Notices

You agree to hold harmless and indemnify, and at Sharelendar's request defend, Sharelendar, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Sharelendar Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Sharelendar will provide you with written notice of such claim, suit or action.

On occasions, Sharelendar may provide you with notices regarding the Sharelendar Service or these Terms of Sharelendar Service by email, or postings to this Web site.

Legal Compliance

You shall at all time obey and comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Sharelendar Service.

Sharelendar reserves the right to take any remedies to prevent the violation of these Terms and to protect the Sharelendar Service, Sharelendar users, and the rights and property of Sharelendar and its affiliates.

Miscellaneous

These Terms of Service shall be governed by and in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Pasco, Florida. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of Sharelendar's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as Sharelendar.

Without limiting the foregoing, under no circumstances shall Sharelendar be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, electrical power failures, internet failures, governmental actions, computer equipment failures, telecommunication equipment failures, other equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and Sharelendar with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Information sharing and third party Applications Providers

Children

• We recommend that children between the ages of 13 to 18 years old ask their parents or legal guardians for permission beforehand to use Sharelendar.
• Children must be at least 13 years old to become a member. Children under the age of 13 are not eligible to use Sharelendar and must not attempt to register with Sharelendar and/or submit any personal information to us. Sharelendar does not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us via the Contact Us page, and we will delete any such information.

Canceling membership

You always have the option to cancel your membership at any time.

Co-Branding

Sharelendar may be co-branded with our affiliates & partners.

Contact

For questions or concerns regarding this statement, you should first contact us on the Contact Us located on the bottom of each page.