These Terms of Service ("Terms") govern your access
to and use of the services, including our various websites, SMS, APIs, email
notifications, applications, buttons, and widgets, (the "Services" or “Sharelst”), and any information, text, graphics, photos or
other materials uploaded, downloaded or appearing on the Services (collectively
referred to as "Content").
Your access to and use of the Services are conditioned on your acceptance of
and compliance with these Terms. By accessing or using the Services you agree
to be bound by these Terms.
You are responsible for your use of the Services, for
any Content you post to the Services, and for any consequences thereof. The
Content you submit, post, or display will be able to be viewed by other users
of the Services and through third party services and websites (use the
visibility type of the list to control who sees your Content). You should only
provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a
binding contract with Sharelst and are not a person
barred from receiving services under the laws of
The Services that Sharelst
provides are always evolving and the form and nature of the Services that Sharelst provides may change from time to time without
prior notice to you. In addition, Sharelst may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally and may not be able to provide you with
prior notice. We also retain the right to create limits on use and storage at
our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be
targeted to the Content or information on the Services, queries made through
the Services, or other information. The types and extent of advertising by Sharelst on the Services are subject to change. In
consideration for Sharelst granting you access to and
use of the Services, you agree that Sharelst and its
third party providers and partners may place such advertising on the Services
or in connection with the display of Content or information from the Services
whether submitted by you or others.
Any information that you provide to Sharelst is subject to our Privacy Policy, which governs
our collection and use of your information. You understand that through your use
of the Services you consent to the collection and use (as set forth in the
Privacy Policy) of this information, including the transfer of this information
to Mexico, the United States and/or
other countries for storage, processing and use by Sharelst.
As part of providing you the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages.
These communications are considered part of the Services and your Sharelst account, which you may not be able to opt-out from
receiving. You can opt-out of most communications from Sharelst
including our newsletter, new follower emails, etc.
You are responsible for safeguarding the password that
you use to access the Services and for any activities or actions under your
password. We encourage you to use "strong" passwords (passwords that
use a combination of upper and lower case letters, numbers and symbols) with
your account. Sharelst cannot and will not be liable
for any loss or damage arising from your failure to comply with the above.
All Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such
Content. We may not monitor or control the Content posted via the Services and,
we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any
opinions expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases, postings that have been mislabeled
or are otherwise deceptive. Under no circumstances will Sharelst
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 as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post
or display on or through the Services. By submitting, posting or displaying
Content on or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such Content
in any and all media or distribution methods (now known or later developed). This
license is you authorizing us to make your Sharelst
available to the rest of the world and to let others do the same.
You agree that this license includes the right for Sharelst to provide, promote, and improve the Services and
to make Content submitted to or through the Services available to other
companies, organizations or individuals who partner with Sharelst
for the syndication, broadcast, distribution or publication of such Content on
other media and services, subject to our terms and conditions for such Content
use.
Such additional uses by Sharelst,
or other companies, organizations or individuals who partner with Sharelst, may be made with no compensation paid to you with
respect to the Content that you submit, post, transmit
or otherwise make available through the Services.
We may modify or adapt your Content in order to
transmit, display or distribute it over computer networks and in various media
and/or make changes to your Content as are necessary to conform and adapt that
Content to any requirements or limitations of any networks, devices, services
or media.
You are responsible for your use of the Services, for
any Content you provide, and for any consequences
thereof, including the use of your Content by other users and our third party
partners. You understand that your Content may be syndicated, broadcast,
distributed, or published by our partners and if you do not have the right to
submit Content for such use, it may subject you to liability. Sharelst will not be responsible or liable for any use of
your Content by Sharelst in accordance with these
Terms. You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content that you
submit.
Sharelst gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software that is provided to you by Sharelst as part of the Services. This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by Sharelst, in the manner permitted by
these Terms.
All right, title, and interest in and to the Services
(excluding Content provided by users) are and will remain the exclusive
property of Sharelst and its licensors. The Services
are protected by copyright, trademark, and other laws of
Please review the Sharelst
rules (which are part of these
Terms) to better understand what is prohibited on the Service. We reserve the
right at all times (but will not have an obligation) to remove or refuse to
distribute any Content on the Services, to suspend or terminate users, and to
reclaim usernames without liability to you. We also reserve the right to
access, read, preserve, and disclose any information as we reasonably believe
is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of Sharelst, its users and the public. Sharelst
does not disclose personally identifying information to third parties except in
accordance with our Privacy Policy.
You may not do any of the following while accessing or
using the Services: (i) access, tamper with, or use
non-public areas of the Services, Sharelst’s computer
systems, or the technical delivery systems of Sharelst’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access
or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by Sharelst (and only pursuant to
those terms and conditions), unless you have been specifically allowed to do so
in a separate agreement with Sharelst; (iv) forge any
TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or false
source-identifying information; or (v) interfere with, or disrupt, (or attempt
to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
Sharelst respects the intellectual property rights of others and expects users
of the Services to do the same. We will respond to notices of alleged copyright
infringement that comply with applicable law and are properly provided to us. We
reserve the right to remove Content alleged to be infringing without prior
notice, at our sole discretion, and without liability to you. In appropriate
circumstances, Sharelst will also terminate a user’s
account if the user is determined to be a repeat infringer.
The Terms will continue to apply until terminated by
either you or Sharelst as follows.
You may end your legal agreement with Sharelst at any time for any reason by deactivating your
accounts and discontinuing your use of the Services. You do not need to
specifically inform Sharelst when you stop using the
Services. If you stop using the Services without deactivating your accounts,
your accounts may be deactivated due to prolonged inactivity (currently, after
one year).
We may suspend or terminate your accounts or cease
providing you with all or part of the Services at any time for any reason,
including, but not limited to, if we reasonably believe: (i)
you have violated these Terms or the Sharelst Rules,
(ii) you create risk or possible legal exposure for us; or (iii) our provision
of the Services to you is no longer commercially viable. We will make
reasonable efforts to notify you by the email address associated with your
account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate,
including, without limitation, your license to use the Services, except that
the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Sharelst’s rights to change, limit or stop the provision of
the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the
liability of Sharelst and its parents, subsidiaries,
affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the “Sharelst Entities”). Each of the subsections below only
applies up to the maximum extent permitted under applicable law. Some
jurisdictions do not allow the disclaimer of implied warranties or the
limitation of liability in contracts, and as a result the contents of this
section may not apply to you. Nothing in this section is intended to limit any
rights you may have which may not be lawfully limited.
Your access to and use of the Services
or any Content are at your own risk. You understand and agree that the Services are provided to you on an
"AS IS" and "AS AVAILABLE" basis. Without limiting the
foregoing, to the maximum extent permitted under applicable law, THE SHARELST
ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Sharelst Entities make
no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of the Services or any Content; (iii) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the Sharelst
Entities or through the Services, will create any warranty not expressly made
herein.
The Services may contain links to third-party websites
or resources. You acknowledge and agree that the Sharelst
Entities are not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by the Sharelst Entities of such websites or resources or the
content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SHARELST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO
OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR
CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)
ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR
ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHARELST
ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE
AMOUNT YOU PAID SHARELST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES
GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT
THE SHARELST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE,
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
The failure of Sharelst to
enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms is held
to be invalid or unenforceable, then that provision will be limited or
eliminated to the minimum extent necessary, and the remaining provisions of
these Terms will remain in full force and effect.
These Terms and any action related thereto will be
governed by the laws México Distrito Federal México without regard to or
application of its conflict of law provisions or your state or country of
residence. All claims, legal proceedings or litigation arising in connection
with the Services will be brought solely in the courts located in Mexico
Distrito Federal México, and you consent to the jurisdiction of and venue in
such courts and waive any objection as to inconvenient forum.
These Terms, the Sharelst
Rules and our Privacy Policy are
the entire and exclusive agreement between Sharelst
and you regarding the Services (excluding any services for which you have a
separate agreement with Sharelst that is explicitly
in addition or in place of these Terms), and these Terms supersede and replace
any prior agreements between Sharelst and you
regarding the Services. Other than members of the group of companies of which Sharelst,
is the parent, no other person or company will be third party beneficiaries to
the Terms.
We may revise these Terms from time to time, the most current version will always be at Sharelst.com. If the revision, in our sole discretion, is material
we will notify you via a @Sharelst update or e-mail
to the email associated with your account. By continuing to access or use the
Services after those revisions become effective, you agree to be bound by the
revised Terms.
These Services are operated and provided by Sharelst S.A. de C.V.. If you have
any questions about these Terms, please
contact us using the “Any suggestion?” tool.