You agree that by accessing, using or registering an account with our Services (defined below) or by entering into an order form to use the Services, you or, if you are entering into these terms on behalf of your organization, such organization (“you” or “User”) is agreeing to enter into a legally binding contract with Shaar Inc., Inc. (“Shaar Inc.”) by which you agree to abide by these terms of service (these “Terms”) and our Privacy Policy (the “Privacy Policy” and, together with the Terms, the “Contract”) unless you have entered into another binding agreement with us. If you do not agree to the terms and conditions of this Contract, you may not access or use our Services. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have all necessary authority to bind such organization to these Terms and that, from and after the date you enter into these Terms, these Terms will be a binding obligation of such organization, enforceable against such organization in accordance with the terms hereof.
If you are an individual User and are using the Services as part of a team plan (a “Team Plan”) purchased by your employer or other affiliated organization, your use of the Services is contingent on payment by your employer or other organization. You remain bound by the restrictions on use, license to User Submissions and limitation of liability provisions contained in these Terms, but you are not subject to the payment obligations contained herein.
From time to time, we may modify these Terms and our Privacy Policy. If we make material changes to these Terms or our Privacy Policy, we will seek to provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before the date by which they become effective as indicated in the notice (the “Effective Date”). Your continued use of our Services after we publish or send notice about changes to the Contract means that you are consenting to the updated Contract as of the Effective Date. Notwithstanding the foregoing, if we modify these Terms in a way that materially and adversely affects your rights to access and use the Services, we will, at your request, negotiate with you in good faith to terminate any then-outstanding order form or to issue you a partial refund.
If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using our Services or Materials (as defined below); however, the foregoing termination right does not apply to organizations that purchased a Team Plan that sets forth a minimum contract term. In the event of a Team Plan with a minimum contract term, You will be obligated to pay for the Services for the duration of such minimum contract term. All provisions that, by their nature, should survive termination of this Contract shall survive termination, including provisions regarding ownership of intellectual property, limitations of liability and terms regarding the disputes between you and Shaar Inc..
If you are an organization that purchases a Team Plan, these Terms incorporate the Data Processing Addendum (the “DPA”) to the extent applicable to our processing of personal data in connection with providing you the Services. In the event of any conflict between these Terms and the DPA, the conflicting term of the DPA shall supersede with respect to its subject matter.
Services
This Contract applies to Shaar Inc..com, other Shaar Inc.-related websites, applications, communications, programs and other services that Shaar Inc. provides to you from time to time (“Services”), including any events or programs that take place in person or virtually. Anyone who uses or accesses the Services, registers an account with Shaar Inc., or agrees to be bound by this Contract, is a User subject to these Terms.
Material
We respect the intellectual property of others, so we ask you to do the same. The video, text, software, photos, graphics, images, live events, audio, designs, trademarks, proprietary information and other content of, or related to, the Services (collectively, “Materials”) are protected by copyright, trademark and other laws. Shaar Inc. and applicable third parties, such as Shaar Inc.’s licensors, own copyright, trademark, and other rights in the Services and Materials, and reserve all rights in them.
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services or in connection with your use of the Services is your “User Submission”. You are solely responsible for all User Submissions you contribute. You represent that all User Submissions submitted by you comply with all applicable laws, rules and regulations and are not otherwise offensive or inappropriate for the Services (as determined by Shaar Inc. in its sole discretion).
By submitting User Submissions, you hereby grant Shaar Inc. a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses.
Refunds
You have 14 days after the date of purchase or renewal to request a full refund for your subscription. After this period, refunds are not available. To request a refund, please email us at hello@sharecontent.co.
Eligibility to Use or Access Services and Materials
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. If you are an organization that has purchased a Team Plan, you remain responsible for all acts and omissions of users affiliated with your organization.
You shall not share login credentials with others on the platform. You will immediately notify us in writing through an email to hello@sharecontent.co of any unauthorized use of your account, or any other known account-related security breach. If you are an organization that has purchased a Team Plan, you will immediately notify us of any unauthorized use or other security issue related to one of your Team Plan accounts or any other activity occurring through a Team Plan account that violates these Terms.
If you are an organization that has purchased a Team Plan, you may request a transfer of an individual User’s membership through an email to hello@Shaar Inc..com
If you manage a team plan on Shaar Inc., you may not transfer seats between Users on your subscription unless the User is either (A) no longer employed by your company or (B) on a formal, extended leave of absence. Shaar Inc. reserves the right to restrict, suspend or terminate your use of the Services if you breach this Contract or the law, or if Shaar Inc. determines in its discretion that you are misusing the Services in any way.
Use of Services and Materials
You may use the Services and Materials only in the manner and for the purposes specified in this Contract.
Except as provided in this Contract, you may not access, use, download, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new or derivative works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Services and Materials in whole or in part. Without limiting the foregoing, you may not share or otherwise provide links to live events with third parties (including other members of the Shaar Inc. community).
You may download and copy Materials clearly designated as a “downloadable” within the Services and you may take notes summarizing the Materials within the Services, in each case solely for your personal use unless explicitly stated otherwise. If you wish to use other Materials in other ways, you may do so only if you request and receive specific prior written authorization from Shaar Inc..
You may use and access the Services only through platforms authorized by Shaar Inc., such as the sharecontent.co website and Shaar Inc.’s in-person programs, and only in a manner that comports with the User Conduct Policies and other terms set forth in this Contract.
The Services may contain links to third-party websites or services that are not owned or controlled by Shaar Inc.. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Shaar Inc. is not responsible for such risks. In particular, Shaar Inc. will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
User Conduct Policies
Your eligibility to use or access the Services and Materials is contingent on remaining in good standing as a member of the Shaar Inc. community. These policies, which we continue to develop, provide guidance and rules for the use of our Services and Materials:
Do not violate Shaar Inc.’s rights in its intellectual property or proprietary information, including by suggesting that you are affiliated with, authorized by or approved by Shaar Inc. when you are not.
Do not use the Services or Materials to compete with Shaar Inc., or to solicit Shaar Inc.’s Users or potential customers for commercial purposes.
Do not publicly communicate information about another User obtained through the Services.
Do not communicate false, disparaging or defamatory information about another User of the Services.
Do not use the Services to abuse, harass, intimidate or shock another User.
Do not attempt, in any manner, to obtain the password, account, or other security information from any other User.
Do not copy or store any significant portion of the Materials (except as expressly permitted herein or authorized by Shaar Inc. in writing).
Do not use the Services to share graphic, obscene, or pornographic content.
Do not use the Services to promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures.
Do not use robotic automation to access the Services or to collect Materials.
Do not use the Services for illegal activities, promotion of illegal products or activities, or violation of the rights of others.
Do not use the Services to distribute viruses, worms, or other software that can destroy or interrupt others’ data or computer systems or devices.
Do not interfere with or disrupt the Services.
Any violation of these policies shall constitute a breach of the Contract, which may result in immediate termination of your account.
Billing
Your use of the Services is subject to your payment of the subscription fees that were presented to you at the time of enrollment. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. Currently, we use Stripe, Inc. as our Payment Processor. We are not responsible for the errors or omissions of our Payment Processor. By enrolling in the Services, you agree to pay us, through the Payment Processor, all charges at the prices communicated to you at the time of enrollment, and you authorize us, through the Payment Processor, to charge your chosen payment provider.
If you have enrolled in a subscription with an auto-renewing payment plan, you accept responsibility for all recurring charges prior to cancellation. Your subscription will automatically renew for successive renewal periods of the same duration as the original subscription term at the then-current rate. WE MAY SUBMIT PERIODIC CHARGES IN ACCORDANCE WITH YOUR SUBSCRIPTION PLAN WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.
Notices and Communications
We will provide notices and communications to you in the following ways: (1) through the Services, or (2) sent to the contact information you provided us (e.g., email or physical address). You agree to keep your contact information up to date.
Miscellaneous
Shaar Inc. makes no representations or warranties concerning the Services, including without limitation regarding any Materials contained in or accessed through the Services, and will not be responsible or liable for the accuracy, quality or suitability of any Materials for your intended purpose.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL Shaar Inc. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Shaar Inc. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Shaar Inc.’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. All conflicts arising out of these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, Delaware, and you hereby submit to the jurisdiction of such courts. YOU AND Shaar Inc. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS RELATED TO THESE TERMS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Shaar Inc. agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Shaar Inc., and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Shaar Inc., and you do not have any authority of any kind to bind Shaar Inc. in any respect whatsoever. These Terms and any order form you enter into for the Services constitute the entire agreement between you and us with respect to your use of the Services. In the event of any conflict between an order form and these Terms, the conflicting term in the order form will supersede with respect to such conflict.
