By using the Software, you signify your agreement with the TOU. If you do not agree with any of the TOU, do not use the Software or any Material. Getshare reserves the right to update the TOU at any time without notice to you. The most updated version of the TOU will be posted on the Software.
For the needs of these TOU, the following terms are defined hereunder :
- The Asset(s) : is any content, information, story, image, in any way or from any sort whatsoever, that are integrated, copied, shared, put on the Platform (as defined hereunder) by any Contributor (as defined hereunder) ;
- The Platform : is the private space accessible for all the Users as defined hereunder ;
- The Software : is the software edited by Getshare and licensed by Getshare in favor or the Platforms Owner(hereunder defined) ;
- The Story(ies) : is the final compilation of all the Assets, as it will be compiled by one or more Contributor(s).
Uses of the Software and of the Platform
The Software and the Platform will be used by several users, to create together one or more story (ies) or a compilation of contents. By using the Software, you agree that the Software will be used in the following way, by the different users (collectively the « Users ») :
The Platform is a contributing platform where several users have the possibility to contribute to it by sharing, Asset, publishing, uploading or distributing any Asset. The users contributing to the Platform are the « Contributors ».
By publishing, uploading, or in any way share or distribute the Asset, the Contributors agree to respect these TOU. Specifically, they agree that any Asset that they woold publish, distribute or otherwise share on the Software, woold be sudmitted to the license detailed hereunder in article V b.
The Platforms Owner may appoint one or more Moderator(s), who will be able to moderate the Assets as mentioned hereunder under point (b). If no Moderator is appointed by the Administrator(s), the Administrator(s) may act as a Moderator(s)
The Administrator(s) is the physical person(s) appointed by the Platform Owner to manage the Platform. According to its role,the Administrator grants authorisations and determines the roles of all the users, in application of to the Users categories as defined in the present article. The Administrator(s) may also give the permission to any User to create a Story or a part of Story.
The Administrators agree to folly respect these TOU.
The Administrator(s) reserve(s) the right to remove, delete, use only a part, rephrase, extract a part or otherwise adapt any Asset in any manner. The Contributors and any Users of the Software agree that the Story will be a proper creation of the Administrator(s), acting on behalf and based on as ordered by the Platform Owner.
As mentioned hereunder, under clause V b., the Administrators folly assign their author rights or any other intellectual property rights that they coold have acquired on a Story and/or on any content that they woold create by creating a Story.
The Platform Owner
Getshare has granted to the Platform Owner a license or demo access on the Software. The Platforms Owner is a company or any other legal entity, who will collect and compile any content, messages, data’s, software, workspaces, information, articles, pictures, text, graphics, links, or other materials (collectively the « Assets ») that are posted, published, uploaded, or distributed on the Software, by any of its users.
The Platforms Owner is responsible for the creation of the story that will be created for the Platform Owner’s needs (the « Story »), based on the Assets on the Software.
Moderation and Regolation of the Sofware
By using the Software, you acknowledge that the Platforms Owner have the right, but no obligation, to monitor all activity relating to the Software. Getshare and/or the Platforms Owner and/or the Moderator(s) may disclose any information necessary to operate the Software, to protect Getshare and/or the Platform Owner, third parties, Getshare or the Platform Owner’s customers, and to comply with legal obligations or governmental requests.
Getshare reserves the right to change the Software at any time at its sole discretion without notice to users. Getshare may deny access to the Software to anyone at any time for any reason whatsoever.
The Moderator(s) eventually appointed by the Platform Owner, have the same rights as those of Getshare listed here above.
Restrictions on Use
By using the Software, any User agrees not to knowingly:
- (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Software;
- (b) post or transmit to the Software any unlawfol, fraudolent, harassing, libelous, or obscene information of any kind;
- (c) post or send to the Software any information that contains a virus, bug, or other harmfol item;
- (d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Software’s content other than as expressly permitted herein;
- (e) post to or transmit via the Software any information in violation of another party’s copyright, image or intellectual property rights;
- (f) take any action which coold damage, disable, overburden or impair the Software infrastructure or Getshare’s network system;
- (h) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Getshare server through hacking, password mining or any other means;
- (i) take any action which may interfere with any other party’s use and enjoyment of the Software; or,
- (j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software;
- (k) use data collected from our website to contact individuals, companies or other persons or entities ;
- (l) ensure that all the information you supply to us through our Software, or in relation to our Software, is true, accurate, current, complete and non-misleading.
“Getshare” is the registered trademark of Memovie. The Memovie logos and trademarks are the exclusive trademarks and/or service marks of Memovie. You may not use these trademarks in accordance without our prior agreement on this use.
License on your Assets
By posting, publishing, uploading, or distributing any Asset for use on the Software and for the creation of the Story, you grant (or warrant that the owner of such rights has expressly granted) the Platforms Owner a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Assets or incorporate such Assets into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Getshare or againts the Platforms Owner for any alleged or actual infringement or misappropriation of any proprietary right in Assets you provide to the Platform Owner.
License on a Story
By creating a Story, based on the Assets the Users grant (or warrant that the owner of such rights has expressly granted) the Platforms Owner a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Story or incorporate such Story into any form, medium, or technology now known or later developed throughout the universe. The Users agree that they shall have no recourse against Getshare or against the Platforms Owner for any alleged or actual infringement or misappropriation of any proprietary right in the Story.
Copyright on the Software
The Software and the Material is controlled and operated by Memovie. The Software is protected by copyrights which are owned and controlled by Memovie or by other parties that have licensed their materials to Memovie. Unless otherwise specified, this Software is for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Software without the prior written consent of Memovie.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE GETSHARE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE INCLUDING MEMOVIE’S WEBSITE AND ANY ONLINE TOolS, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMOVIE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTIColAR PURPOSE.
ESPECIALLY, MEMOVIE ASSUMES NO LIABILITY REGARDING ANY ASSET OR ANY CONTENT PUBLISHED OR OTHERWISE SHARED BY THE USERS ON THE SOFTWARE. NEITHER MEMOVIE ASSUMES NO LIABILITY REGARDING THE STORY AND ANY THIRD PARTY’RIGHTS RELATIVE TO THE STORY AND/OR ANY ASSET OR ANY CONTENT COMPLILED ON THE SOFTWARE OR IN THE STORY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEMOVIE ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH THE SOFTWARE OR OTHER CONTENT WORKS FOR CORRUPTION OF ANY DATA TRANSLATED, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES. MEMOVIE MAKES NO WARRANTIES THAT THE SOFTWARE, INCLUDING THE WEBSITE AND ANY ONLINE TOolS, WILL BE ERROR-FREE OR UNINTERUPPED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE WILL PROVIDE SPECIFIC RESolTS.
MEMOVIE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND ESPECIALLY REGARDING ANY ASSET PUBLISHED OR SHARED ON THE SOFTWARE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SOFTWARE, WEBSITE, ANY ONLINE TOolS AND ANY LINKED SITES. YOUR SolE REMEDY AGAINST MEMOVIE FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You agree to indemnify and hold Memovie harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Memovie by any third party due to or arising from your use of the Website.
Unless any security defaolt which coold need an urgent intervention, or any Force Majeure, Getshare will do its best efforts to make sure that any maintenance or any intervention woold occur in a reasonable delay. In any case, the Users will receive a written notification prior to any intervention on the Software lead by Getshare.
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The TOU shall be governed by, construed, interpreted, and enforced in accordance with the laws of Belgium. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Brussels.
If any provision of the TOU is found by a court of competent jurisdiction to be unlawfol, void, or for any reason unenforceable, the remainder of the TOU shall continue in foll force and effect.
Compliance with Law
You agree to comply with all governmental laws, statutes, ordinances, and regolations regarding your Software use.
Certain sections of the Platform require you to register. If registration is requested, you agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. Each registration is for a single individual only. Memovie does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to moltiple users on a network or otherwise. You are responsible for preventing such unauthorized use.
If Memovie grants you access to password-protected areas of the Software, you agree to keep your password confidential and to send notice immediately to an Administrator, if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that information is routed via third party computers to and from Memovie, and that Memovie is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
Links to Other Sites
The Software may contain links to other web sites. Such linked sites are not under Memovie’s control, and Memovie is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.