My Shelf, LLC
Terms of Service
Revision Date: March 17, 2021
For more information or if you have any questions about these terms of service, please contact company at [email protected].
These terms of service are entered into by and between You and My Shelf, LLC, an Arizona limited liability company (“My Shelf”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of www.myshelf.app and the associated mobile application MyShelf Inventory, including any content, functionality, and services offered on or through www.myshelf.app and MyShelf (collectively referred to as the “Site”), whether as a guest or a registered user.
Please read the Terms of Service carefully before you use the Site. By (i) accessing, browsing, subscribing to, and using the Site; and (ii) by using the Company software as a service platform and mobile application, associated content, and any customizations made to the services provided or offered by Company via the Site (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by the Terms of Service, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site or Services.
Access to and use of the Site and Services may not be legal to certain persons or in certain countries. The Site and Services are offered and available to users who are 13 years of age or older. By using the Site and/or Services, you represent and warrant that you are of legal age to form a binding contract with Company. If you access the Site and/or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Site and Services are controlled and operated by Company from its offices within the United States. Company makes no representation that materials on the Site and Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you do not meet these requirements, you must not access or use the Site and/or Services.
Company, in its sole discretion, may make improvements and changes to the Site and Services and change or update the information provided on the Site and Services at any time without notice. Changes will be posted to the Site. All changes are effective immediately when Company posts them, and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site and/or Services following the posting of any changes means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Company reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. Company will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Site and Services, or the entire Site, to users, including registered and subscribed users. You are responsible for making all arrangements necessary for you to have access to the Site and Services and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Services that all the information you provide on the Site is correct, current, and complete. Company may terminate your access to the Site and Services if Company learns that you have provided false or misleading registration data. You agree that all information you provide to register with the Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by Company’s Privacy Statement www.myshelf.app/privacy, and you consent to all actions Company takes with respect to your information consistent with the Privacy Statement.
If you choose, or are provided with, a user name, password, or any other piece of information as part of Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account and for all use of your password or account, whether authorized by you or not. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. You agree to notify Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Company, at any time in its sole discretion, including if, in Company’s opinion, you have violated any provision of these Terms of Service.
To the extent the Site and/or Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your payment may be charged directly by Company, through its payment processor, or through your mobile application provider, in which case you should look to the provider’s terms regarding in-app payment. Your account and access to the Site and/or Services may be suspended in the event of non-payment of applicable fees. You represent and warrant to Company that the credit card payment information is true and that you are authorized to use it. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Company may change charges for monthly and yearly subscriptions from time to time. Monthly subscriptions automatically renew on the same or closest date to the day the first monthly payment is made. Yearly subscriptions automatically renew on the one-year anniversary of the initial subscription date. Renewals are paid with the credit card used to initially subscribe. Fees are paid in advance on a monthly or yearly basis and are non-refundable. Company will not be required to issue refunds or credits for partial months of service, upgrade/downgrade, or for months unused.
The Site and Services, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Company Content”)) is owned by Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, re-sell, or participate in the transfer or sale, or in any way exploit, in whole or in part, any Company Content obtained from or through Company. The Site and Services contain proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Site or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You will not upload, post or otherwise make available on the Site or via the Services, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
The Company Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without Company’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Site. You may use the Site only as permitted by law. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely, provided you agree to Section 6, below, and the terms and conditions of this Agreement .
The Company name, the terms MyShelf, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Upon your acceptance of these Terms of Service and upon payment of any applicable fees, Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable, limited license to use the Site and Services solely as set forth in this Section, and subject to all conditions, restrictions, and limitations set forth elsewhere in this Agreement. Where Company requires you to register as a user, your license is valid only if the registration is complete and accurate. Your access to the Site and Services, and license to use the Site and Services, is valid solely for the applicable term of your subscription. Your right to use the Site and Services begins on the date the Site and Services are made available to you by Company for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement. This license grants you the right to: access, download, and use the Site and Services made available in or otherwise accessible through the Site, strictly in accordance with the Terms of Service and any other applicable agreement you have with Company relating to the Site and Services.
All software, data, and documentation, associated with the Site and Services are intellectual property of and are owned by Company or its licensors. The structure, organization, and code of the software are valuable trade secrets and confidential information of Company and are protected by law including, without limitation, the copyright laws of the United States and other countries, by applicable international treaty provisions. Company or its licensors retain ownership of all intellectual property rights in, to, and under the software and documentation, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to use the Site and Services are limited to those expressly granted herein. No other rights with respect to the Site and Services or any related intellectual property rights are granted or implied, and all rights not expressly granted are reserved by Company. You shall safeguard all software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Any use of the Site and/or Services not expressly permitted by this Agreement is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. Company Does NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. Company DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE and in the services MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE, SERVICES, AND ALL INFORMATION ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE “ BASIS ONLY. COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE Site and SERVICES IS SOLELY AT YOUR RISK. COMPANY MAKES NO WARRANTY THAT (i) THE SITE And Services WILL MEET YOUR REQUIREMENTS; (ii) THE SITE And Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE And Services WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE And/or Services; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL.
IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, Company’s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Any material, information, or idea you transmit to or post on the Site or through the Services (“User Contribution”) by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its services. Notwithstanding the foregoing, all personal data provided to Company will be handled in accordance with Company’s Privacy Statement, available at www.myshelf.app/privacy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
By providing any User Contribution on the Site, you grant Company and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Company has the right to:
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Company does not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company does not assume liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You may use the Site and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Site and/or Services:
You agree that Company may contact you by email or through the use of push notifications using the contact information provided by you or on your behalf in connection with a Company account, including for marketing purposes. You also understand that you may opt out of receiving messages from Company at any time, by contacting [email protected] or by disabling push notifications by changing the applicable settings on your mobile device. If you do not choose to opt out, Company may contact you as outlined in its Privacy Statement, located at www.myshelf.app/privacy. By opting in to receive special offers from Company, you consent to receiving, from time to time, emails which may include alerts, promotions, offers, polls, and giveaways.
Company, at any time now or in the future, may allow you and other end users to use the Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Company shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Company, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Company shall also have the right, but not the obligation, to remove any material from the Communities that Company, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Company.
By way of example, you shall not take any action or upload, download, post, or submit any communication through Company, which: (i) infringes on the intellectual property rights of any third party; (ii) you know is false, misleading, untruthful, or inaccurate; (iii) is unlawful, threatening, abusive, harassment, defamatory, obscene, vulgar, offensive, profane, or otherwise inappropriate as determined by Company in its sole discretion; (iv) constitutes unauthorized advertising or spamming, or otherwise involves commercial activities without Company’s consent; (v) contains software viruses, spamming, manual or automated devices to “crawl” the Site, or any other computer files that disrupt the Site; (vi) impersonates any person or entity; (vii) violates Company’s Privacy Statement or otherwise takes any action in violation of Company’s guidelines and policies.
By posting any materials or other information on or through the Communities, you grant Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
The Site may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because Company endorses or has an opinion about the contents. Company expressly disclaims any representation regarding the content or accuracy of materials or the privacy practices related to such third parties.
In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Site and/or Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via Site and/or Services without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Site and/or Services; (ii) any violation of this Agreement; or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site and/or Services. You may terminate your account for any reason by emailing Company at [email protected]. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site and/or Services. Termination, suspension, or cancellation of the Services or your access rights to the Site shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site and Services, including, but not limited to, your User Contributions and any use of the Site’s content and services other than as expressly authorized in this Agreement or your use of any information obtained from the Site or through the Services.
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO This Agreement, THE SITE, and/or the services MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to My Shelf, LLC Attn: Business Notices PO Box 63303, Phoenix, AZ 85082 (in the case of Company) or to the email address you provide to Company during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
If you believe any User Contributions violates your copyright, please send Company a notice of copyright infringement to the address below. In the event materials are made available to this Site by third parties not within Company’s control, Company is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. Company, however, respects the copyright interests of others, and it is Company’s policy not to permit materials known by Company to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide Company with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Copyright Administrator
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
[email protected]
It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
© 2021 My Shelf, LLC