Telshare
Terms of Service
Last modified on August 18, 2021
1. Acceptance of Terms
Telshare.com (the “Site”) is owned and operated by Telshare LLC, a Hawaii limited liability company (the “Company”), and the Company welcomes you to its online service (the "Service"). By using this Site or Service, you are agreeing to the following Terms of Service ("TOS"), regardless of whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at [https://www.telshare.com/page/terms-of-use] and should check regularly for updates and changes.
Prior to using the Site or Service, please be sure to thoroughly review and inspect all of the customer resources provided in the footers of the pages of the Telshare Platform. In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.
IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.
2. Description of Service
The Company provides a web, app-based, and cloud-based Service in the form of a marketing platform, which is made available to users, on which said users may sign up for, research, and obtain access to local and global market intelligence, along with a variety of digital advertising and marketing solutions for businesses. The platform also contains a collection of various types of content made available through the Service, which may be provided to users in the form of audio, video, and/or various text features. This Content (as defined by Section 4 below) made available to users through the Site and Service is provided strictly for informational purposes.
THE SERVICE IS PROVIDED "AS IS" AND THE COMPANY ASSUMES NO LIABILITY NOR RESPONSIBILITY FOR: THE TIMELINESS OF THE SERVICE; ERRORS IN CONTENT PROVIDED ON OR THROUGH THE SERVICE; ERRORS IN, OR THE ACCURACY OF, ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICE; THE AUDIO AND/OR VIDEO QUALITY OF ANY CONTENT PROVIDED THROUGH THE SERVICE; ANY FAILURE OR DELAY IN THE TRANSMISSION OF ANY CONTENT TO BE PROVIDED THROUGH THE SERVICE; OR ANY DELETION OF, OR FAILURE TO STORE, ANY PARTICULAR INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, THE COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable, inappropriate, or to have been posted in error, in the Company’s sole discretion.
You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
As a user of the Service, you also understand and agree that the Service may also include advertisements or links thereto. Advertisements served to you through the Site or Service may be personalized in order to further enhance your experience and enjoyment of the use of the Platform. This feature may be disabled or enabled through the Telshare User Settings. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Service.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY PORTIONS OF THE SERVICE. IF YOU ARE ABOVE THE AGE OF 13, BUT BELOW THE LEGAL AGE MAJORITY, THIS SERVICE MAY ONLY BE USED WITH PARENTAL CONSENT AND SUPERVISION. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
3. Rules of Behavior
• You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You shall not violate the privacy or publicity rights of others.
• You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You shall not take any action which could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
• You shall not take any action which may subject other users or the public to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else's username or password.
• You shall not use the Site or Service for any illegal, immoral, or unauthorized purpose.
• You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.
• You shall not modify, edit, or delete any Content or communications of the Site or Service and/or of other users of the Service.
• You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Site or in the Service.
• You shall not take any action which disrupts the normal flow of Content on the Site, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Site.
• You shall not interfere with or disrupt the Site, the Service, the servers, or networks connected with the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service.
• You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
• You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
• You shall not engage in any "spamming" of any kind, including without limitation ad spamming.
• You shall not use the Company’s or Site’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Site is associated with, or endorses, or is in any way connected with you or your business.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD-PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY MAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING.
Prohibited Ad Content:
• We seek to provide a safe, comfortable, and appropriate experience for any and all users of the Telshare Platform. It is the Company’s mission to ensure that Users of the Platform are only promoting and advertising the use and sale of safe products. As such, the transmission of certain types of Content to be provided through ads or through other methods of communication on the Platform are strictly prohibited. The Platform uses Blocklist Technology, which is designed to filter out prohibited or sensitive Content and information attempted to be transmitted through the Platform, however, the Company cannot guarantee that this filter technology will prevent all prohibited Content from being sent through, or appearing on the Platform. The Company will make commercially reasonable attempts to prevent the transmission of such prohibited Content or information but makes no guarantees that it will be successful in doing so, nor shall the Company be under any obligation to do the same. It shall be the sole responsibility of the users of the Platform to adhere to the rules, policies, and procedures in place, in order to ensure that such prohibited Content is not transmitted through the Platform. The following types of Content listed below are not permitted to be transmitted through the Platform, and any user who violates this policy will be subject to immediate termination, along with reporting to the applicable authorities whenever deemed appropriate or necessary.
- Tobacco related products
- Alcohol related products
- Drug paraphernalia or Drug Content (prescription or illegal)
- Gambling related content
Any and all posts, pages, content, advertisements, or other communications transmitted on or through the Site or Service, including but not limited to those which refer to unlawful sales, illegal or unethical promotions, marketing and advertising of recalled, and prohibited items and postings, shall be subject to immediate removal by the Company at any time within its sole discretion. It is your sole responsibility to ensure that any and all items transmitted on or through the Site or Service are safe to post, advertise and legal to promote, offer and sell. Any and all posts, pages, content, advertisements, or other communications transmitted on or through the Site or Service, along with any and all other actions taken through the Site or Service by you or by any third-party on your behalf, shall at all times comply with any and all applicable Federal, State, and/or local laws and any applicable regulations which may include, but shall not be limited to those set out by the FTC, regarding deceptive marketing practices.
4. Content
As a user of the Site or Service, you will be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Site, whether uploaded by the Company or by any third-party, shall be considered ("Content"). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.
The Company shall have no liability of any kind with respect to any Content listed on the Site, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Site, or contained in any links found on the Site. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You hereby acknowledge and agree that any content or pages created or submitted on or through the Site or Services, may appear on any and all pages of the Telshare platform, which may include the direct display of such content or pages on Telshare’s primary website. As such, please be sure that any and all content or pages created or submitted on or through the Site or Services, are appropriate for display in all public forums. In order to post or transmit public comments or Content through the Site or Service, you be required to be actively logged into your Telshare account when doing so. You will be afforded with the ability to enable and disable the public comments feature through the settings on your user account.
You acknowledge that Company may or may not pre-screen Content but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS, was posted in error, and/or is otherwise objectionable as determined by the Company in its sole discretion.
The Company may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company, the Site, the Service users, or the public.
The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of where the material you claim is infringing is located on the site;
3. your name, address, telephone number, and email address;
4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:
Telshare LLC
Telshare.com
Email: [info@telshare.com]
Mailing Address:
Telshare LLC Copyright Agent
[1524 Pensacola Street # 206, Honolulu, Hawaii 96822 U.S.A.]
You hereby acknowledge and agree that whenever you submit, publish, or otherwise transmit any copyrighted image, video, and/or text content which is owned by you, to an advertising and marketing page, you are thereby granting Telshare and its affiliates a world-wide, royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use such Content or materials. You hereby acknowledge and agree that other third-party sellers or advertisers may elect to list their items or products for marketing, promotional or advertising purposes on certain pages to which you may have previously added and published your copyrighted image, video, or text, even if you no longer sell, advertise, market or promote that product. It is your sole responsibility to ensure that you are not violating the ownership, copyright, or trademark rights of any third-party, and to ensure that you upload only images, videos, or text content and materials which you yourself have created, or for which you have the legally valid permission of the true copyright holder or IP owner, to upload the same.
Proposition 65:
Years ago, the State of California enacted the Safe Drinking Water and Toxic Enforcement Act of 1986, which is otherwise known as Proposition 65. Proposition 65 requires the State of California to publish a list of chemicals known to cause cancer, or birth defects or other reproductive harm. This list is updated at least once a year and includes a broad range of chemicals purported to be dangerous by the State of California.
The list includes a wide variety of chemicals many of which can be found in common household products, dyes, solvents, drugs, food-additives, pesticides, tobacco products and many are by-products of certain manufacturing processes, or they may be products of common chemical processes, such as motor vehicle exhaust.
If a Proposition 65 warning is included on a product, this means that the business advertising/selling the product is aware that one or more chemicals listed as potentially dangerous by the State of California is present in its products. Per the State of California, a warning must be given unless a business demonstrates that the exposure it causes poses “no significant risk.” Because it can be very difficult to prove the impossibility of a risk, businesses generally choose to disclose the existence of the named substances in their products.
Prop 65 does not prohibit the use of the named chemicals in products, rather, it instead requires that if one or more of the listed chemicals are present in a product, a warning must be provided. A warning must be given for listed chemicals unless exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.
Any User of the Platform seeking to advertise or promote any product or item which contains any of the substances listed by the State of California, must provide a sufficient Proposition 65 warning pertaining to such products, in strict accordance with applicable law. Under no circumstance shall the Company be under any obligation to seek to enforce this rule, nor shall it be under any obligation to screen the products or items which may be advertised or promoted through the Site or Service. The Company shall have no liability to any User, purchaser, or third-party for the failure of any person or party to issue said requisite warnings with respect to such products as may be necessary per applicable law. Failure by any User to provide any requisite warning required by applicable law, may result in the immediate termination of said User’s account and access to use the Platform.
Photo Release:
Any and all photographs of individuals which you intend on using in any advertising Content or materials shall be accompanied by a signed release from the individual in the photo, granting you permission to use their image and likeness therein. You may request a photo release Agreement form from the Company, or you may use your own version of the form, after the same has been reviewed and approved by the Company.
Telshare Expo:
Depending upon the Tier and account level under which you subscribe, you may be afforded the opportunity to participate in the Telshare Expo. This feature permits certain users to put their products on physical display at various tradeshows which are hosted throughout the world. Users electing to participate in the Telshare Expo may elect to physically ship their products to Telshare, and have said products displayed at the tradeshows, without the actual users being physically present. Any and all users seeking to participate in the Telshare Expo will be required to fill out a Telshare Expo application and provide the requested display/product information, which will be reviewed by the Company. Telshare will have broad discretion in determining whether or not to accept any applications for displays at said tradeshows, and may decline any applications submitted at any time, for any reason. In the event that you elect to participate in the Telshare Expo, you hereby agree to be bound by the additional terms and conditions thereof, and you hereby acknowledge and agree that you shall fully comply with any and all applicable laws and regulations when participating in the same. Under no circumstance shall the Company have any liability to you or to any third-party for any claims arising out of your application to participate, or actual participation in any tradeshow, at any time.
5. Payments
In order to use or access certain features or limited Content through the Site and Services offered by the Company, you may be required to pay a subscription fee, depending on the type of subscription and user account you have enrolled in through the Site and Service. Any such subscription fees which may be applicable may be billed on a recurring monthly basis, or payable upfront for the entire year, depending upon the Service enrolled in, and pursuant to the current pricing structure of each Service offered at the time of enrollment. In the case of any such subscription fees, if applicable, the descriptions of the subscription Services and Content available for enrollment, along with the costs of each Service shall be detailed on the “[https://www.telshare.com/user/updatepackage?type=pro]” page of the Site. The costs of these Services and the access/amenities provided with the subscription, access to, and use of the Services, shall be subject to change at any time at the Company’s discretion. Any updates or changes in pricing will be posted on the “[https://www.telshare.com/user/updatepackage?type=pro]” page of the Site.
Depending on the applicable subscription enrolled in, the Services and corresponding subscription fee you select may automatically renew at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. In order to make said payments required to satisfy any applicable subscription fees, or to otherwise compensate the Company for any other Services offered, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time. The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any particular payment method offered on the Site at any time, within the Company’s sole discretion. Any such payments shall be made in strict accordance with both the terms hereof, and the terms of service of any third-party, which the Company may elect to use for the processing of such payments, within Company’s sole discretion.
Any and all Telshare credits, whether provided through the platform or via an e-gift card, shall be applicable only on the Telshare website or mobile app, and may be used exclusively on Telshare products or services. Said Telshare credits and/or e-gift cards shall not be redeemable on any medium other than through the Telshare website or platform.
The Company hereby reserves the right to add payment or subscription requirements for access to, or use of the Site or Services, or to retract, change, or discontinue the allowance of the use of any particular Service by any user, at any time in Company’s sole discretion.
SAVINGS, COUPONS, AND DISCOUNTS: Periodically, the Company may elect to offer certain discounts and specials on general or specific products or services offered through the platform. The Company may elect to offer said discounts or specials only to its premium members, only to a limited number or specific variety of its premium members, or to all users of the platform, within its sole discretion. The terms of each discount or special shall be addressed within the email in which the discount or special was offered, or on the page of the platform containing the notice of said discount or special. It shall be the responsibility of the user to ensure that the redemption of such discounts and specials occurs within the required dates and confines of the terms of such discounts or specials. The Company may elect not to offer said discounts or specials upon receipt of any redemption request by any user attempting to redeem said discounts or specials, for any reason, within the Company’s sole discretion. The Company shall be under no obligation to offer any discounts or specials, and may remove or revoke such discounts or specials at any time, within its sole discretion.
REFUNDS: The Company shall be under no obligation to refund any payments made to the Company, regardless of whether such payments are made for the purpose of compensation for the provision of the Services purchased through the Site, or for any other services which may be provided by the Company. However, the Company may in its sole discretion, elect to offer a refund to users on a case-by-case basis. Company’s election to offer a refund to a user in one particular instance, shall in no way waive Company’s right to decline any refund requests received by Company from any user, for the same or any similar instance. Any and all of the Company’s refund eligibility requirements and details can be found on the “[Name of the Refund Page]”of the Company’s Site. You are hereby advised to frequently check the Company’s Site for any changes in policy and/or updates regarding the same.
6. Links
Through the Service, the Company or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Site or Service. Links to such sites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible nor liable, directly or indirectly, for any damage or loss caused by, or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links or any failures and/or disruption to your computer or mobile system that results from your use of any such links, or for any intellectual property infringement claims, or other third-party claims relating to your posting of, or use of such links.
7. No Resale of Service
You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or Content or other information or materials of any kind that you do not own.
8. Modification and Termination of the Service
The Company 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 the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.
9. Company Privacy Policy
The storage and any use of personal and other certain information shall be subject to Company’s Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. The Company’s Privacy Policy, which is incorporated herein by reference, is located at [https://www.telshare.com/page/privacy-1]. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
10. Registration
In order to use certain aspects of the Service you may be required to register for an account. When registering for an account, you may be afforded the ability to select a specific type of account or tier (“Tier”) in which you wish to enroll. If and where applicable, different Tiers may offer varied features or levels of access to the Services provided by the Company. The features of levels of access to the Services provided to you by the Company through each particular Tier, along with the entirety of the offering of each Tier itself, shall be subject to alteration or discontinuation at any time and for any reason, within the Company’s sole discretion. Depending upon the Tier selected, you may be required to agree to an additional user licensing agreement, or other similar requirements, in order to enroll in the services selected. Please refer to the Platform’s membership plans and pricing pages to find more information pertaining to the licensing applicable to each Tier. Certain Tiers may afford members with unlimited access and/or use of the Services being offered through said Tier. The Company may at any time, within its sole discretion, elect to change the amount or volume of usage or access allotted to any given Tier, with or without prior notice to you. The “[https://www.telshare.com/user/updatepackage?type=pro]” page of the Site will be updated to accurately reflect the access and usage permitted under any given Tier. The Company refers to registered users as “members.” Registered users are subject to the following specific terms in addition to all of the other terms in these TOS:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
- You agree to provide true, accurate, current and complete information as required on the Service's registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
- You understand, acknowledge, and agree that where applicable, in the case of a membership subscription, in order to participate in some of the Services offered through the Site, you may at some point be required to provide the company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information.
- You agree that the Company may, for any reason in its sole discretion, and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination may include, but shall not be limited to: (i) a breach or violation of the TOS or other Company policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Company’s sole discretion and that the Company will not be liable to you or any third-party for any termination of your account, password, username, deletion of materials or information, and/or access to the Service.
- You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
- You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS.
11. Practices regarding Use and Storage
You acknowledge that the Company may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent or received from an account of the Service, the maximum size of any message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, the maximum number of ads a user may build or upload through the Service in any given day, week, month, or year, and the maximum number of times and duration for which you may access the Site and/or Service in any given time. You agree that the Company has no responsibility or liability for the deletion of, or failure to store or transmit any videos, documents, messages, data, communications or other Content maintained or transmitted by the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits at any time, within the Company’s sole discretion.
12. Company Proprietary Rights; Trademarks and Copyrights
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 the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title in or to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Company are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Site or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
13. No Co-Branding or Framing.
You may not use or authorize any party to co-brand or frame the Site or any Service without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Site or Service, in whole or in part, and/or any content accessible within the Site or Service. For purposes of this TOS, "framing" refers to displaying any Company associated Site or Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.
14. Release and Indemnification
You hereby waive and release the Company and its officers, attorneys, agents, directors, and employees from any liability, suit, damage, claim, actions, counterclaims, loss or expense of any kind or nature whatsoever arising as a result of your use of the Site or Service. You agree to indemnify, defend, and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Site or Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.
15. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS 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.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE ITSELF, CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, (5) THAT ANY ADVERTISEMENTS OR OTHER CONTENT INTENDED TO BE TRANSMITTED THROUGH THE SERVICE WILL BE DELIVERED WITHIN ANY ESTIMATED TIME, OR THAT SUCH CONTENT TO BE TRANSMITTED WILL EVER BE DELIVERED, OR (6) THAT THE SITE OR SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Service, shall create a warranty not expressly stated in these TOS.
16. Limitation of Liability
You expressly understand and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages incurred by you or any third party as a result of any damages for any loss of, damage to, or corruption of any video content uploaded to or transmitted through the platform, any damages for loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use Site or Services themselves, or resulting from any decisions made based on any Content or information provided through the Site or Service, or through the use of and/or reliance upon any Content or information offered through the Site or Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Site or Service, the cost of procurement of substitute goods or services resulting from any services, data, or information purchased or obtained or messages received or transactions entered into through or from the Site or Service, and/or any other matter relating to the Site or Service. Under no circumstance shall the Company be liable to you or any third-party for any claims by third-parties arising out of your use of the Site or Service, or as a result of any Content you have transmitted therethrough, or products/services you may have promoted or advertised thereon. This shall include, but not be limited to any claims arising out of advertisements promoting professional services. In no event will the Company be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
17. Information Pertaining to Financial, Legal Compliance, or Regulatory Matters
If you receive or request any news, messages, or other information from the Site or Service concerning any financial, legal compliance, or regulatory inquiries/materials with respect to the Content or information displayed or offered through the Site or Service, remember that the Site and Service is provided for informational purposes only, and no Content included or information made available through the Site or Service is intended for, nor shall the same constitute any financial, legal compliance, or regulatory advisory services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, reliability, usefulness or availability of any Content or information transmitted or made available via the Site or Service, and shall not be responsible or liable for any decisions or actions made by you or any other third-party based on the reliance upon such Content or information.
18. Financial, Legal Compliance, and Regulations Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY FORM OF COST, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SITE OR SERVICE, YOUR INABILITY TO USE THE SITE OR SERVICE, YOUR RELIANCE UPON ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICE, OR ANY BUG, ERROR, OR MALFUNCTION INCURRING WITHIN THE SITE OR SERVICE OR THE SYSTEMS OF ANY THIRD-PARTY APPLICATION, REGARDLESS OF WHETHER OR NOT THE SAME WAS OR MAY HAVE BEEN FORESEEABLE.
The Site and Service do not contain any form of financial, legal compliance or regulatory advice, nor does Company provide the same. The Content of the Site or Service, such as video, audio, text, graphics, images and other material are intended for informational purposes only and not for the purpose of rendering any financial, legal compliance, or regulatory advice or consulting of any sort. The Content of the Site or Service are not intended to substitute for professional financial, legal, or regulatory consulting advice. Although the Company takes efforts to keep information on the Site updated, the Company cannot guarantee that the information on the Company’s Site reflects the most up-to-date research.
Please consult your CPA, attorney or other appropriate regulatory professional for personalized financial, legal compliance, or other regulatory advice. Never disregard or delay seeking professional advice or consulting of any sort, because of something you have seen on the Company’s Site or through the Service.
Not all Content, products, services, techniques, or activities described on the Site or through the Service are suitable for everyone. The Company does not recommend or endorse any specific services, products, processes, techniques, or any other information or Content provided on its Site or through the Service. Any reliance upon any Content or information provided by the Company, its employees, any third-parties, or any other visitors to the Site, shall be solely at your own risk. You understand and agree that you are solely responsible for your use of the Site and Service.
19. Third-Party Service Providers: Actions, Errors, Delays
You hereby acknowledge and agree that a portion of the Services contemplated hereunder, and offered through the Site and platform, may rely upon the use of third-party service providers, such as API functions or video hosting software. You hereby acknowledge and agree that the services of said third-parties, depending upon the Service selected, may play an instrumental role in the timeliness, reliability, or overall effectiveness of the Services you have sought to obtain through the Site or platform, and as such, any errors or delays caused by or experienced by such third-party service providers may have a significant impact on your ability to receive the Services you have sought to obtain through the Site or platform. The Company has no stake nor control in or over such third-party service providers, and as such, you hereby acknowledge and expressly agree that the Company shall have no liability to you or to any third-party for any claims for damages or loss arising as a result of any errors or delays in the Services, associated with or caused by any third-party service providers.
20. Personally Identifiable Information
The Company cautions you against giving out any personally identifying information about yourself, your children, or any other person in the use of any third-party link or interaction accessed through the Site or Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at [https://www.telshare.com/page/privacy-1].
21. Disclosures Required by Law
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
22. Disputes
If there is any dispute about or involving the Company and/or the Service, you agree that any dispute shall be governed by the laws of the State of Hawaii, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction in, and that venue shall be properly set in the state and federal courts of the State of Hawaii. Notwithstanding the above, you hereby acknowledge and agree that any dispute between or among any of the parties arising out of, relating to or in connection with these terms or your use of the Site or Services, shall be resolved exclusively through binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”) to the fullest extent permitted by law. Any award rendered by the arbitrators will be final and binding on the parties hereto, and judgment upon the award may be entered in the applicable state or federal courts of the State of Hawaii.
THE PARTIES HEREBY WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
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 THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
23. Miscellaneous Terms; General Information
These TOS, in conjunction with any active service agreements entered into by and between yourself and the Company, govern the terms and conditions of your use of the Site and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Company’s Privacy Policy), guidelines, or rules that may apply when you use or purchase certain Content from the Site or certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. The Company may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.
The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles throughout these TOS are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to Company at [info@telshare.com].
