In order to use the SHAREFOLDER.COM web site and service, you must become a SHAREFOLDER.COM User and accept this User Agreement.
This page states the Terms and Conditions of Use of SHAREFOLDER.COM (the “Terms and Conditions”) under which you may use the SHAREFOLDER.COM Web Site (the “Web Site” or this “Web Site”) and take part in the SHAREFOLDER.COM community. Please read this page carefully. SHAREFOLDER.COM may revise these Terms and Conditions at any time by updating this posting. This User Agreement incorporates by reference the SHAREFOLDER.COM Seller Agreement and SHAREFOLDER.COM Purchaser Agreement. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Introduction and General Terms and Conditions
SHAREFOLDER.COM is primarily a venue for the purchase and sale of Digital Media.
Digital Media means herein, any digital format or distribution technology, including but not limited to the Internet, World Wide Web, electronic download streamed formats, shared file distribution, disc, electronic book, magnetic, optical, or other storage media, satellite, cable, wireless distribution, digitally printed or published ‘on demand’ format, audio book (that is, book-on-tape sound recording) flash memory, CD, CD-ROM, DVD, and other method, means, process, or technology for delivering digital content, whether now known or later developed.
In order to use the SHAREFOLDER.COM service, you must become a SHAREFOLDER.COM User, which requires you to agree to the terms and conditions of use, as stated herein.
SHAREFOLDER.COM does not take part in the actual transaction but merely provides a venue for the transaction to take place and as such does not have any control over the material that is the subject of a transaction and in particular makes no representations nor warrants the copyright status of the material that is the subject of a transaction. We have no input over the quantity, quality, colour, safety, morality, legality or illegality of any material bought, sold received, or whether or not a seller or buyer can, or will complete his or her part of the transaction. We cannot and do not vouch for the honesty, the age, the good will, of any buyers, or sellers, and it is up to buyers and sellers to assure themselves in every transaction, keeping in mind that there are always some people who act in bad faith, are underage, or act under unfounded pretence
The services of SHAREFOLDER.COM are offered only to those individuals who are capable of making legally binding contracts under applicable law. Without limiting the foregoing, our services are not offered to, nor available to minors. If for any reason you do not qualify, then you are not entitled to use, and we ask that you refrain from using our services. Notwithstanding the above, SHAREFOLDER.COM may without notice, refuse any and all of our services to anyone at any time, in our sole discretion.
You must be 18 years and older to use this site or have permission from a legal guardian.
You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other SHAREFOLDER.COM Users.
You may not use the SHAREFOLDER.COM service for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
You must not modify, adapt or hack SHAREFOLDER.COM or modify another website so as to falsely imply that it is associated with SHAREFOLDER.COM.
You must not create or submit unwanted email to any SHAREFOLDER.COM members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of SHAREFOLDER.COM, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Sharefolder.com account.
While SHAREFOLDER.COM prohibits such conduct and content on its site, you understand and agree that SHAREFOLDER.COM is a venue and as such is not responsible for any Digital Material that is posted on its web site and you nonetheless may be exposed to such materials and that you use the SHAREFOLDER.COM service at your own risk.
Section 1 - Use of Material
SHAREFOLDER.COM authorizes you to view and download a single copy of the material on this Web site (“Web Site”) solely for your personal, noncommercial use. Special rules may apply to the use of certain software, photographic images, and other items provided on the Web Site. Any such special rules are listed as Legal Notices on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material (“Material”), are protected by copyright under Canadian, United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2 - SHAREFOLDER.COM IS A VENUE
SHAREFOLDER.COM is not a retailer. Instead, SHAREFOLDER.COM acts as a venue to allow an individual who complies with SHAREFOLDER’S Terms and Conditions and Purchaser and Seller Agreements, to showcase, sell, and buy certain Digital Media. SHAREFOLDER.COM is not involved in the actual transaction between buyers and sellers, except by your agreement as a User as agreed to herein, to have SHAREFOLDER.COM receive and remit monies on behalf of parties to a transaction. As a result, SHAREFOLDER.COM has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, or the copyright status of Digital Media. Consequently, SHAREFOLDER.COM does not transfer legal ownership of items from the seller to the buyer. Because we do not get involved in the purchase and sale of Digital Media, other than providing a venue for same if you, for any reason whatsoever, have a dispute with one or more users, regarding a transaction, you hereby release SHAREFOLDER.COM, officers, directors, agents, and employees, from all claims, demands, or damages (actual and consequential) of every king and nature, known & unknown, suspected and unsuspected, disclosed and undisclosed, intentional or unintentional arising out of or in any way connected with such disputes.
We cannot nor do we try to control the Material provided by other users which is made available through our system. By its very nature, other peoples information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled or make representations regarding the copyright status of digital media which is wrong or misleading. We expect you will use caution and common sense when using our site.
The Material may contain inaccuracies or typographical errors. SHAREFOLDER.COM makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
SHAREFOLDER.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SHAREFOLDER.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SHAREFOLDER.COM AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. SHAREFOLDER.COM AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3 - Disclaimer of Consequential Damages
IN NO EVENT SHALL SHAREFOLDER.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAREFOLDER.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4 - User Submissions
Generally, any communication and/or digital media which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by SHAREFOLDER.COM as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the Web Site, you automatically grant SHAREFOLDER.COM a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Section 5 - Communications and Copyright
AS A USER, YOU ARE RESPONSIBLE FOR YOUR OWN UPLOADED DIGITAL MEDIA AND COMMUNICATIONS (“COMMUNICATIONS”) AND ARE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR POSTING. YOU MUST NOT DO THE FOLLOWING THINGS: POST MATERIAL THAT IS COPYRIGHTED, UNLESS YOU ARE THE COPYRIGHT OWNER OR HAVE THE PERMISSION OF THE COPYRIGHT OWNER TO POST IT; POST MATERIAL THAT REVEALS TRADE SECRETS, UNLESS YOU OWN THEM OR HAVE THE PERMISSION OF THE OWNER; POST MATERIAL THAT INFRINGES ON ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS OR ON THE PRIVACY OR PUBLICITY RIGHTS OF OTHERS; POST MATERIAL THAT IS OBSCENE, DEFAMATORY, THREATENING, HARASSING, ABUSIVE, HATEFUL, OR EMBARRASSING TO ANOTHER USER OR ANY OTHER PERSON OR ENTITY; POST A SEXUALLY-EXPLICIT IMAGE; POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; POST CHAIN LETTERS OR PYRAMID SCHEMES; OR IMPERSONATE ANOTHER PERSON.
SHAREFOLDER.COM does not represent or guarantee the truthfulness, accuracy, copyright status, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users or copyright status. You acknowledge that any reliance on material posted by other Users or representations of copyright status will be at your own risk.
SHAREFOLDER.COM DOES NOT SCREEN COMMUNICATIONS OR UPLOADED DIGITAL MEDIA IN ADVANCE AND IS NOT RESPONSIBLE FOR SCREENING OR MONITORING MATERIAL POSTED BY USERS, AND IN PARTICULAR MAKES NO REPRESENTATIONS OR WARRANTY OF COPYRIGHT STATUS WHATSOEVER. If notified by a User of communications or digital media which allegedly do not conform to this Agreement, SHAREFOLDER.COM may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication and/or digital media. SHAREFOLDER.COM has no liability or responsibility to Users for performance or nonperformance of such activities. SHAREFOLDER.COM reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 6 - Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by SHAREFOLDER.COM of the contents on such third-party Web sites. SHAREFOLDER.COM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7 -Software Licenses
All software and/or code that is made available for downloading from the Web Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8 - Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for SHAREFOLDER.COM to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9 - Indemnity
You agree to defend, indemnify, and hold harmless SHAREFOLDER.COM, its officers, directors, employees and agents, from and against any claims, royalties, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. SHAREFOLDER.COM shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 10 - Export Control
The United States and other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 11 - User Information
SHAREFOLDER.COM may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 12 - JURISDICTION and GENERAL
This Web Site is based in Toronto, Ontario. SHAREFOLDER.COM makes no claims the Materials are appropriate or may be downloaded from outside of Toronto, Ontario. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. Furthermore, to the extent that any legal action against SHAREFOLDER.COM is permitted pursuant to this Agreement, such legal action must be commenced in the Ontario Superior Court of Justice with the place of trial in Toronto. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and SHAREFOLDER.COM with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of SHAREFOLDER.COM.
Section 13 - Arbitration
Any legal claim arising out of or relating to the User Agreement or our services, with the exception of any legal action taken by SHAREFOLDER.COM to collect our fees and/or recover damages for, or obtain an injunction relating to, SHAREFOLDER.COM operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the rules of the ADR Institute of Canada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or any other SHAREFOLDER.COM User may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, necessary to protect the rights or property of you or SHAREFOLDER.COM pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs.
Section 14 – Amendment
SHAREFOLDER.COM may amend these Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on SHAREFOLDER.COM web site. The Terms of Use is effective upon acceptance in registration for new registering Users.
Section 15 – Notices
Except as explicitly stated otherwise, any notices to SHAREFOLDER.COM shall be given by postal mail to SHAREFOLDER.COM, 177 Whitmore Road, Unit #8, Woodbridge, Ontario, Canada.
