Sharepon Terms of Use
Last Updated: Aug 19, 2024
These terms of use (these “Terms”) are entered into between you and Eternal Snowman Technology LLC (“we”, “us” or “our”). These Terms govern your access to and use of www.sharepon.app, and any content, functionality, and services offered on or through www.sharepon.app (the "Site").
By accessing and using the Site, you agree, on your own behalf, to be bound by and comply with these Terms.
If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. CHANGES TO THESE TERMS AND THE SITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, user-uploaded content such as profile pictures, coupons and payment QR codes, and other materials within the Site (collectively referred to as the "Content").
2. ACCESS AND USE OF THE SITE
2.1 You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
2.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
2.3 To access the Site, you may be asked to provide certain registration details, contact details, or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to contact us or otherwise is governed by our Privacy Policy.
2.4 You may upload certain content to the Site, such as coupon codes or payment QR codes (the "User Content"). You retain the right to update, modify, or delete your User Content in accordance with our site policies.
2.5 Your use of the Site is subject to rate limits we have implemented. These limits are designed to prevent abuse and maintain the quality of service for all users. If you exceed the rate limits, a warning message will be displayed on your screen. We reserve the right to modify the rate limits as needed to protect the integrity and performance of the Site.
3. PRIVACY POLICY
Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.
4. INTELLECTUAL PROPERTY; THE SITE AND USER CONTENT
4.1 We own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the proprietary content provided directly by us or our licensors. This includes but is not limited to the Site's design, interface, and underlying technology, and any software or content provided directly by us. You understand and agree that the Site constitutes valuable proprietary information that is protected by applicable intellectual property and other applicable laws, and you acquire no ownership interest by accessing or using the Site or the Content.
4.2 User Content, such as coupon codes and payment QR codes, remains your intellectual property unless explicitly stated otherwise. We claim no intellectual property rights over the material you provide to the Site. However, by uploading User Content to the Site, you agree to allow us and other users of the Site to view your User Content in accordance with these Terms.
4.3 By posting User Content to the Site, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, move the location of, create derivative works of, perform, and distribute your User Content on the Site, third-party sites (e.g., under our accounts or our business partners’ accounts with social networking sites and apps or on our business partners’ websites and apps) and any other medium which now exists or may exist in the future. You also agree that this license includes the right for other users of the Site to access and use your User Content in conjunction with the services offered by the Site.
4.4 You acknowledge and agree that while we do not claim ownership of any User Content, we reserve the right to moderate, edit, or remove any User Content posted on the Site at any time and for any reason, without notice, if we determine that the User Content violates these Terms, is illegal, or is otherwise harmful to the community. This includes the right to enforce copyright, decency standards, and anti-harassment policies.
4.5 We are not obligated to review or monitor User Content. We do not guarantee how quickly your User Content will appear on the Site or whether, how and where it will appear. We reserve the exclusive right to describe, categorize and place User Content in our sole discretion.
5. TERMINATION OF ACCESS
5.1 We reserves the right, in our sole discretion, to terminate or suspend your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and us, including, without limitation, these Terms.
5.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval.
5.3 You can permanently delete your account at any time. The termination may result in the deletion of any User Content associated with your account, so keep this in mind before deciding to terminate. We will try to provide advance notice before terminating your account so you can retrieve any important User Content (subject to law and these Terms), but we may not do so if it’s impractical, illegal, compromises safety or security, or harms our rights or property. Deleting your account means losing access to any unused paid subscription plans, if any. No refunds will be issued after account deletion.
5.4 Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes resolutions.
6. USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may NOT cause or permit any person to do any of the following:
(a) use the Site or Content for any unlawful purpose;
(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
(e) use the Site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
(f) engage in or facilitate money laundering or other illegal financial activities using payment QR codes or any other payment features provided on the Site; or
(g) use payment QR codes shared by other users to request money from any person without their express consent or for purposes other than the intended tipping function as explicitly permitted by the Site.
7. USER CONTENT
7.1 By disclosing or offering any information to us, including coupons, payment QR codes, comments, computer files, documents, graphics, suggestions, ideas, or other information (the "User Content" as defined above), either through your use of the Site or otherwise, you authorize us to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the User Content on the Site.
7.2 By submitting User Content, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the User Content. You are fully responsible for any User Content you make and for the legality, reliability, appropriateness, and originality thereof.
7.3 You agree that you will not upload, share, post, or otherwise distribute any User Content that:
(a) Is subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the license rights granted herein;
(b) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;
(c) Includes coupon codes, discount codes, or other promotional offers that you are not expressly authorized to share or distribute. This includes but is not limited to private, restricted, or non-transferable codes intended for a specific group or individual without their explicit consent.
8. SECURITY
We take such commercially reasonable measures to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be absolutely secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control and supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username or password.
9. THIRD PARTY HYPERLINKS
9.1 This Site includes hyperlinks to other websites which are not maintained by us. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by us of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any external website. You should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
9.2 Images of the Sharepon logo can only be used to link to the Site; any other use of the Sharepon logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that we approve or endorse you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
9.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Sharepon logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Sharepon logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
10. PAYMENT QR CODES
10.1 The Site allows you to upload payment QR codes, such as those used for PayPal and other payment services, to facilitate the receipt of tips from other users who benefit from shared coupon codes. By uploading a payment QR code, you are choosing to make this information publicly visible to all visitors of the Site. Please consider the following before uploading your payment QR code:
(a) Public Access: Any payment QR codes that you upload to our Site will be publicly accessible. This means that anyone who visits the Site can view and potentially use your QR code to make payments or send tips directly to your linked payment account.
(b) Risks of Sharing QR Codes: Sharing your payment QR code publicly can expose you to various risks. For instance, if your QR code is linked to personal payment accounts, it could potentially allow others to discover your identity or other personal information associated with your payment account.
(c) Voluntary Disclosure: Uploading your payment QR code is entirely voluntary and at your own discretion. It is important to understand that by choosing to share your payment QR code, you accept the risks associated with making such information public.
(d) Safety Precautions: We advise you to take precautions if you decide to share your payment QR code. Consider using a payment method that does not reveal personal information or setting up a separate payment account specifically for receiving tips from others, if possible.
(e) No Liability: Please be aware that while we strive to maintain the security of all information shared on the Site, we explicitly disclaim any liability for any misuse of your payment QR code by other users or third parties. We strongly recommend you reviewing the privacy settings and terms of your payment provider before uploading a QR code.
10.2 By uploading your payment QR code to the Site, you acknowledge and agree that you are doing so at your own risk and that you have been informed of the potential for exposure of personal information.
11. DISCLAIMER
The use of this Site by you is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, WE DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE TO YOU OR OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $10 OR (II) THE AMOUNTS PAID BY YOU TO US, IF ANY, IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or any other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your User Content, and (d) your violation of any rights of any third party.
14. JURISDICTION
These Terms will be construed and enforced in accordance with the laws of the State of New York. Each of you submits to personal jurisdiction in New York, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Queens County, New York.
15. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
16. QUESTIONS
Please contact us with any questions regarding the Site or these Terms at legal@sharepon.app.
17. MISCELLANEOUS
17.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.
17.2 You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect.
17.3 We may assign our rights and delegate our duties under these Terms in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to these Terms.
17.4 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
17.5 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
18. OTHER AGREEMENTS
If you have entered into a separate written agreement with us with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
