Terms of Service
- GENERAL CONTACT INFORMATION
For any suggestions, questions or claims, please contact us at
MeShare Inc., 48389 Fremont Blvd., Suites 106-108, Fremont, CA 94539, USA.
Toll Free: 866-686-5335
Local DID: 217-903-5752
Mon-Fri: 9:00am - 6:00pm CST
In this Agreement,
The “Content” means any and all materials displayed or performed on the Services, including but not limited to text, graphics, articles, photographs, images, illustrations, sounds, moving pictures, and videos. Submitted Content is part of the Content.
“MeShare” (or “us”, “our”, “we”) means MeShare Inc., a Delaware corporation.
A “MeShare User ID” means the user name and password selected by a User when registering with MeShare, as a condition to using the Product or some aspects of the Services.
A “Product” means a camera or any other product offered by MeShare and have been purchased or received by a User, or any other product offered by a third party supported by any of the Services.
The “Services” means the Website and any services as described more completely on the Website offered by us subject to the terms and conditions of this Agreement solely for your own use, and not for the use or benefit of any third party, includes, without limitation, use of the Website, use of and in connection with any Product, any service MeShare performs for you, and the Content.
Any “Submitted Content” means any audio or video content or data uploaded, shared or posted by a User, as well as any comments, feedback, questions or any other information posted by a User on the Website, or supplied otherwise to us or in connection with the Services.
A “Third Party Website” means any of the third party websites or services that are not owned or controlled by MeShare.
A “User” means any User of any Service.
The “Website” means the www.meshare.com website, mobile application, and any other linked pages, programs, designs, features, content, or application services offered from time to time by MeShare in connection therewith.
BY VISITING MESHARE INC.’S WEBSITE OR USING ANY SERVICE OFFERED BY MESHARE IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THE EXCLUSION OF ALL OTHER TERMS. USE OF ANY MESHARE’S SERVICE IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR ANY SERVICE OFFERED BY US, AND MUST DELETE ANY APPLICATION FROM YOUR DEVICE IMMEDIATELY, AND RETURN ANY PRODUCT WITHIN FOURTEEN (14) DAYS OF THE DATE YOU RECEIVED THE PRODUCT.
MeShare reserves the right, in our sole discretion, to modify this Agreement at any time by posting a notice on the Website, by sending you a notice via email or postal mail, or by some other appropriate means. You shall be responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new Agreement, you are free to reject them; however, if you do reject the new Agreement, you will no longer be able to use the Services. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
The Services (including the Website) and any Content are intended solely for the personal use of Users, subject to the terms of this Agreement. You may download or copy the Content (and other items displayed on the Website or Services for download) for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content (other than your Submitted Content) in any form. Copying or storing of any Content (other than your Submitted Content) other than for personal use is expressly prohibited without prior written permission from MeShare or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, MeShare may revoke your right to so link at any time, at MeShare’s sole discretion. MeShare reserves the right to require prior written consent before linking to the Website.
Any Content is protected by copyright. Furthermore, the Services (including the Website) are protected by copyright as a collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services. You agree not to copy, publish, reproduce, modify, translate, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Except as expressly provided hereunder, you shall not reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You agree that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Furthermore, you agree that you share any information, including your Submitted Content, at your own risk. You agree any information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that MeShare will not be liable for any errors or omissions in any content. You understand that MeShare cannot guarantee the identity of any other User with whom you may interact in the course of using the Services, or the authenticity of any data which Users or merchants may provide about themselves.
Under no circumstances will MeShare be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- ACCESSING THE SERVICES
MeShare may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. MeShare may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Product for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you, to any of your Submitted Contents and to your use of Service. If your use of the Service is prohibited by any applicable law, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You may only use a Product in connection with the Services, and for no other use. Any software component embodied in the Product is licensed to you, and not sold. A MeShare Software End User License Agreement can be located at MeShare website.
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to MeShare or on the Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at email@example.com or MeShare Inc., 48389 Fremont Blvd., Suites 106-108, Fremont, CA 94539, USA.
You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- FEES AND PAYMENT
- Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. MeShare reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable. If you have purchased your Product from us, please refer to your Product documentation for returns and warranty information, or contact support.
You warrant, represent and agree that: you will not contribute any Content or Submitted Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of MeShare; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. MeShare reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MeShare is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not MeShare, remain solely responsible for all Content that you share, publish, upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to MeShare and to grant MeShare the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User or anyone. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Listserv, Maillist, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Furthermore, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You shall provide MeShare with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a MeShare User ID a name of another person with the intent to impersonate that person; or (ii) use as a MeShare User ID a name subject to any rights of a person other than you without appropriate authorization. MeShare reserves the right to refuse registration of or cancel a MeShare User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
- WARRANTY AND WARRANTY DISCLAIMER
Warranty. All hardware products and accessories contained in the original packaging with a “MeShare” trademark or logo are under One (1) Year Limited Warranty under the MeShare Warranty Terms.
Warranty Disclaimer. MeShare has no special relationship with or fiduciary duty to you. You acknowledge that MeShare has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MeShare from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MeShare makes no representations concerning any content contained in or accessed through the Services, and MeShare will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. MeShare makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
You agree to indemnify and hold MeShare, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL MESHARE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND MESHARE’S REASONABLE CONTROL. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS DO NOT APPLY.
- THIRD PARTY WEBSITES
When you access a Third Party Website, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. MeShare has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Website. In addition, MeShare will not and cannot monitor, verify, censor or edit the content of any Third Party Website.
By using the Services, you expressly relieve and hold harmless MeShare from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MeShare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that MeShare is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release MeShare, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
- This Agreement shall remain in full force and effect while you use the Services. MeShare may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. MeShare may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. MeShare shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MeShare’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with MeShare’s prior written consent. MeShare may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MeShare in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MESHARE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
It is MeShare’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to MeShare or MeShare’s email-box listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MeShare is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is MeShare’s policy: to remove or disable access to the infringing material; to notify the content provider, member or User that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that MeShare will terminate such content provider’s, member’s or User’s access to the Services.
Please contact MeShare for Notification of Claimed Infringement at the following address:
MeShare Inc., 48389 Fremont Blvd., Suites 106-108, Fremont, CA 94539, USA. Email: firstname.lastname@example.org
- APPLE DEVICE AND APPLICATION
In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a MeShare application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
Both you and MeShare acknowledge that this Agreement is concluded between you and MeShare only, and not with Apple, and that Apple is not responsible for the Application or the Content. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service. You will only use the Application in connection with an Apple device that you own or control. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application. You acknowledge and agree that MeShare, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MeShare, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Both you and MeShare acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use. Both you and MeShare acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.