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Terms of Service

Last Updated 1-26-09

This is a legal agreement between you and ShareCash, Inc. ("ShareCash"); please read it carefully. By using or accessing this website or any website hosted at ShareCash.com (the "Sites"), or by accessing or using any part of the ShareCash proprietary file transmission services (together with the Sites, the "Service"), you agree to be bound by these Terms of Service and by the ShareCash Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by ShareCash from time to time in accordance with the next paragraph, will govern all your future use of the Service.

ShareCash may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. ShareCash recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

ShareCash may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files (defined below) at any time, in its sole discretion.

General Prohibitions

As a condition to your use of the Service, you agree not to:

• Upload any form of child exploitation/pornography. If you do so and are caught you will be immediately banned and your earnings revoked.
• Upload any materials that are in any way sexually explicit. If you do and are caught you will be immediately banned and your earnings revoked.
• Instruct or encourage any download to use a method to bypass our surveys or enter fake information
• Upload or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use any non-public areas of the Service or ShareCash's computer systems or the technical delivery systems of ShareCash's providers;
• Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
• Purchase a Premium Acount through your own download link.
• Download your own files, with or without a Proxy.
• Post ShareCash download links on 4chan.org.
• Encourage users to use false or misleading information when completing our advertisements.
• Download your own files, continuously download another's file, coax others into CONTINUOUSLY downloading your own file, obtain downloads in an illicit manner such as, but not limited to, an automated bot, or register more than one account.
• Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
• Impersonate or misrepresent your affiliation with any person or entity.

 

ShareCash will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. ShareCash may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although ShareCash has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. ShareCash reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what ShareCash considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. ShareCash does not take any legal responsibility for your uploads and will fully cooperate with law authorities if requested due to illegal file uploads being hosted on our server. We have the right to nullify anyone's earnings if they have broken any part of this agreement.

 

Links

The Service may contain links to third-party websites. You acknowledge and agree that ShareCash is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by ShareCash of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

 

Scheduled Maintenance

ShareCash performs system maintenance on a regular basis to ensure high quality of service. ShareCash uses commercially reasonable efforts to ensure that the Service is available for use during this time. ShareCash will use reasonable efforts to perform all maintenance during its pre-scheduled maintenance windows. Currently, the maintenance window is between 10 p.m. Friday and 2 a.m. Saturday, U.S. Pacific Standard Time (06:00-10:00 GMT).

 

Disclaimer of Warranties

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, ShareCash explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

ShareCash makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that ShareCash will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

 

Indemnity

You will defend, indemnify, and hold harmless ShareCash, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

 

Limitation of Liability

In no event will ShareCash be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ShareCash has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

 

In no event will ShareCash?s aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to ShareCash by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ShareCash and you.

 

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Flushing, New York, and you waive any objection to jurisdiction and venue in such courts.

 

Entire Agreement

This Agreement is the entire and exclusive agreement between ShareCash and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between ShareCash and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ShareCash services, affiliate services or third-party content software or services.

 

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. ShareCash may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and ShareCash. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. ShareCash may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of ShareCash to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.

Registration

Upon registration you agree that you have not previously registered an account with our services, that your email address is valid, and that your personal information is valid. By registering with your email address you agree to receive newsletters and advertisements from us and our partners.

Spamming

ShareCash does not endorse spamming our download links in order to generate downloads and revenue. We take no responsibilty for any damages caused by our users while spamming files and pages hosted on our server. Every user must comply with the spam laws of their area of residence (For example, in the United States, their state laws and the federal laws).