The Really Big Picture
We run a service called Shareaholic and would love for you to use it. Our basic services are free, and we offer paid upgrades for certain advanced features. We don't like long hard-to-read legal documents either, but our advisors insisted we post this here. We hope you find our service to be useful, and that you have fun with Shareaholic!
Last Updated: February 2011
Terms of Service
Acceptance of Terms. Shareaholic, Inc. ("Shareaholic") welcomes you. Shareaholic provides its free and paid services to you subject to the following Terms of Service ("TOS"). We may revise these Terms of Service at any time by posting an update to this page. You should visit this page periodically, because your continued use of any of Shareaholic's services will mean you accept those changes, whether you've read them or not. In addition, when using particular Shareaholic owned or operated services, you and Shareaholic shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Shareaholic may also offer other services that are governed by different Terms of Service.
Description of Service. Shareaholic provides users with access to a rich collection of resources, including but not limited to, various software applications, analytics, general content, personalized content and member programs, such as, but not limited to surveys and opinion polls (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Shareaholic to provide the Service. You also understand and agree that the Service may include certain communications from Shareaholic, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Shareaholic membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Shareaholic properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Shareaholic assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your Registration Obligations. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Shareaholic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shareaholic has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Subscription Period. You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified in your billing form ("Billing Form"). Monthly subscriptions will automatically renew on a month-to-month basis until cancelled by you. Each month during the Subscription Period, you will be entitled to access only the number of reports specified in the Billing Form ("Monthly Allotment"). You will not be able to carry over to a subsequent month any unused portion of your Monthly Allotment as the unused Monthly Allotment will expire at the end of the associated month.
Payment Terms. You agree to pay Shareaholic the subscription fee specified in the Billing Form during the Subscription Period ("Subscription Fee"). A valid credit card is required to subscribe to the Service. The Subscription Fee is payable in advance for the Subscription Period, regardless of whether the Subscription Period is on an annual or a month-to-month basis. If your subscription is on a month-to-month basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the month begins. Subscription Fees are non-refundable and non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund of the Subscription Fee(s) previously paid to Shareaholic. If your subscription is on a month-to-month basis and your credit card is no longer valid, then, unless you provide a new valid credit card, Shareaholic will terminate the Service prior to the start of the subsequent month. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Data Rights. In order to provide certain Services, you must allow Shareaholic to use raw data related to the use and distribution of Your Content ("Data") that will be collected as part of the Services. You hereby grant Shareaholic a non-exclusive, perpetual, worldwide and irrevocable right and license to utilize the Data to track, extract, compile, synthesize, aggregate, and analyze such Data, including, but not limited to, the creation of anonymous and promotional tracking data ("Tracking Data"). We reserve the right to use, reproduce, distribute and display Tracking Data, in our sole discretion.
Important Notification Requirement for Publishers Sites: We are concerned about the privacy of End Users and want to provide them choice regarding the use of their information. We require that your Publisher Sites have a notice with language substantially similar to the following:
"We allow third-party companies, including Shareaholic, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org."
Member Account, Password and Security. You will receive a password and account designation upon completing the Service's registration process that will permit you and only you to access the Service. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Shareaholic of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Shareaholic cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Member Conduct. In consideration of your use of the Service, you agree to provide honest opinions and answers to any surveys or polls you participate in. Shareaholic maintains the right to terminate access to the Service if it deems you are in breach of this behavior.
When posting data, comments, opinions, or site feedback ("Content") to the Service you acknowledge that Shareaholic may or may not pre-screen Content, but that Shareaholic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Shareaholic and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Shareaholic or submitted to Shareaholic, including without limitation, information in Shareaholic Analytics, Shareaholic Blog, Forums and/or Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Shareaholic may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Shareaholic, its users and the public.
Interstate Nature of Communications on Shareaholic Network. When you register with Shareaholic, you acknowledge that in using Shareaholic services to send electronic communications (including but not limited to search queries, sending messages to Shareaholic Blog or Shareaholic feedback forums, uploading photos and files to Shareaholic, and other Internet activities), you will be causing communications to be sent through Shareaholic's computer networks located in Massachusetts, and other word-wide locations. As a result, and also as a result of Shareaholic's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOS, you acknowledge that use of the service results in global data transmissions.
Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Shareaholic cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Content Submitted or Made Available for Inclusions on the Service. Shareaholic does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Shareaholic the perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Service of properties that are intended by Shareaholic to be available to the general public. By way of example, publicly accessible areas of the Service would include Shareaholic Blog, message boards and site review forums.
Indemnity. You agree to indemnify and hold Shareaholic and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale or Redistribution of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Modifications to Service. Shareaholic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Shareaholic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination. You agree that Shareaholic may, under certain circumstances and without prior notice, immediately terminate your Shareaholic account, any associated e-mail address, and access to the Service. If such termination does not result from your breach of the Terms of Service, then you will receive a pro-rata refund of any fees pre-paid to Shareaholic for the period subsequent to the termination.
You may cancel your account at any time, for any reason. To request cancellation, email us using our contact form. If you cancel your account during a thirty day subscription period, we will not refund the unused portion of your subscription.
Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Shareaholic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Shareaholic has no control over such sites and resources, you acknowledge and agree that Shareaholic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Shareaholic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Shareaholic's Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Shareaholic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Shareaholic grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Shareaholic for use in accessing the Service.
Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHAREAHOLIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHAREAHOLIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHAREAHOLIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHAREAHOLIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHAREAHOLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SHAREAHOLIC BE LIABLE FOR DAMAGES IN EXCESS OF THE MONTHLY SUBSCRIPTION FEES PAID BY YOU DURING THE PRIOR THREE (3) MONTH PERIOD.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
Notice. Shareaholic may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
Trademarks. Shareaholic, the Shareaholic logo, and other Shareaholic trademarks, service marks, graphics and logos used in connection with Shareaholic are trademarks or registered trademarks of Shareaholic, Inc in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with Shareaholic may be the trademarks of their respective owners.
Customer Reference. You agree that we may identify you or your company as a representative Shareaholic customer and/or user by using your name, avatar, company name and logo on the Shareaholic website and otherwise in connection with marketing and promoting Shareaholic.
Entire Agreement. The TOS constitutes the entire agreement between you and Shareaholic and governs your use of the Service, superseding any prior agreements between you and Shareaholic with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other Shareaholic services.
Choice of Law and Forum. The TOS and the relationship between you and Shareaholic shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Shareaholic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms. The failure of Shareaholic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Digital Millennium Copyright Act
As Shareaholic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any Shareaholic property violates your copyright, you are encouraged to notify Shareaholic in accordance with this policy. Shareaholic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Shareaholic or others, Shareaholic may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Shareaholic will have no obligation to provide a refund of any amounts previously paid to Shareaholic.
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can email us notifications of claimed infringement.
You acknowledge that if you fail to comply with all of the requirements of this notice, your DMCA notice may not be valid.