- Age. This Website is not intended for use by anyone under 18 years old. If you are under the age of 18, you may use the Website only with permission of a parent or guardian.
- Corporate Use. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
Consent to Receive Electronic Communications from Company.
By registering with the Website and providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive email and other communications from SharpSpring, both over the short term and periodically. These communications, among other things, may be about the Website, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to firstname.lastname@example.org. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Third Party Sites.
The Website contains links to websites operated by third parties (“Third Party Sites”), some of which may have established relationships with SharpSpring and some of which may not. SharpSpring does not have control over the content and performance of Third Party Sites. SharpSpring has not reviewed, and cannot review or control, the material, including computer software or other goods or services, made available on Third Party Sites, and SharpSpring does not represent, warrant, or endorse any Third Party Sites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Sites. SharpSpring disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Sites.
- User Content Defined. “User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute by means of the Website, whether in connection with your use of the Website or otherwise. This includes, without limitation, personal photos and videos.
- You Own Your User Content. SharpSpring does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to your User Content.
- License of User Content. By submitting, uploading, or posting User Content in any form with, through, or to the Website, you grant SharpSpring a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Website, the business of SharpSpring and its affiliates, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that the SharpSpring may publish or otherwise disclose your personal information in connection with its exercise of the license granted under this section. You waive any claims arising from or relating to the exercise by SharpSpring and its affiliates of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
- Your Representations About User Content. You represent and warrant that you: (a) own all right, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the SharpSpring and its affiliates under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with SharpSpring’s prohibitions against Objectionable Content, as detailed in Section 7 (Objectionable Content; Defamation).
- Company’s Right to Reject User Content. SharpSpring reserves the right, in its sole discretion, to reject any User Content for any reason. The categories specified in Section 7 (Objectionable Content, Defamation) are not an exhaustive lists of content that SharpSpring reserves the right to remove or deny.
Objectionable Content, Defamation.
- Without limiting Section 7.1, you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Website that are deemed defamatory or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, SharpSpring is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Website.
- If you raise or file any claim against SharpSpring for conduct that an arbitrator or court later finds to constitute an “exercise of a publisher’s traditional editorial functions,” or the legal equivalent thereof, you agree to fully and immediately compensate SharpSpring for all losses, liability, damages, costs, and expenses, including without limitation all attorneys’ fees and expenses in defending the action and resolving the matter. If you fail to compensate SharpSpring for any such claim, you hereby agree and authorize SharpSpring to report your personal information, including without limitation your unpaid claim, to consumer credit reporting services, collection agencies, and others.
- Compliance with Law.
- General. When using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times subject to limitations imposed by copyright and other intellectual property laws. You must not upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
- User Content. You are and will be solely responsible for any violations of any laws and for any infringements of third party rights caused by your use of the Website. SharpSpring users bear the sole burden of proving that content, information, or other materials do not violate any laws or third party rights.
- DMCA Policy.
- As SharpSpring asks others to respect SharpSpring’s intellectual property rights, SharpSpring respects the intellectual property rights of others. SharpSpring follows the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).
- If you believe content located on or linked to by the Website violates your copyright, please immediately notify SharpSpring by means of emailed DMCA takedown notice (“Infringement Notice“), providing the information described below. If SharpSpring takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available by means of the most recent email address that party provided to SharpSpring.
- Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.
- The DMCA requires that all Infringement Notices must include the following:
- (a) A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- (b) An identification of the copyright claimed to have been infringed;
- (c) A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit SharpSpring to find and positively identify that material;
- (d) Your name, address, telephone number, and email address; and
- (e) A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- Infringement Notices should be sent to email@example.com with the subject line “DMCA Notice: (INSERT YOUR NAME OR YOUR COMPANY’S NAME).”
- SharpSpring will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
- Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.
- Compliance with Law.
Disclaimers; Limitation of Liability.
- Limitation of Liability. In no event shall SharpSpring or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to SharpSpring or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between SharpSpring and you. The Website would not be provided without such limitations.
- Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and SharpSpring or between you and any of SharpSpring’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. SharpSpring’s licensors and suppliers are intended third party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Indemnity by You.
- The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of SharpSpring.
- Without limitation, the Indemnitor also hereby agrees to compensate SharpSpring for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 7 (Objectionable Content, Defamation), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the SharpSpring or its affiliates under any affiliate advertising agreement.
- SharpSpring shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to SharpSpring or by posting the notice to the Website. You agree that any notice received from SharpSpring electronically or posted to the Website satisfies any legal requirement that such notice be in writing.
- You bear the sole responsibility of ensuring that your email address on file with SharpSpring is accurate and current, and notice to you shall be deemed effective upon the sending by SharpSpring of an email to that address.
- You shall give any notice to SharpSpring by means of email to firstname.lastname@example.org.