Terms of Service

SmartShare Terms of Service

These Terms of Service govern your access to and use of SmartShare, Files (as defined below) and any services and/or software provided by SmartShare. These Terms of Service limit SmartShare's liability and obligations to you, grant SmartShare certain rights and allow SmartShare to change, suspend or terminate your access to and use of SmartShare and Services. Your access to and use of SmartShare and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the SmartShare and/or Services you agree to be bound by these Terms of Service.

YOU UNDERSTAND THAT BY DOWNLOADING AND USING SMARTSHARE AND/OR SERVICES YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT DOWNLOAD, ACCESS OR USE SMARTSHARE OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS.

Types of Accounts

Currently, SmartShare offers a restricted account with a limited amount of storage.

Consent to Access Your Files

BY UTILIZING SMARTSHARE AND/OR SERVICES, YOU CONSENT TO ALLOW SMARTSHARE TO ACCESS YOUR COMPUTER TO ACCESS ANY FILES THAT ARE PLACED IN SMARTSHARE, AND/OR ANY OTHER FOLDER WHICH YOU CHOOSE TO LINK TO SMARTSHARE. BY PLACING FILES IN SMARTSHARE, YOU CONSENT TO SHARE ACCESS TO THE CONTENT TO OTHER SMARTSHARE USERS THAT HAVE BEEN AUTHORIZED TO UTILIZE THE CONTENT.

Files and Folders

Your Files or User Files (collectively, the Files) as used in this Agreement means the information contained in the files that you or other users add, saves and access through SmartShare and Services. You are the owner of Your Files and are solely responsible for your conduct and the content of Your Files, as well as any of the content contained in your communications with other SmartShare users, including but not limited to Comments (as defined below).

SmartShare allows you to share some or all of Your Files. If you choose to, you can share all or some of Your Files with specific users you select. If you decide to share Your Files, you are giving certain legal rights, as explained below, to those individuals who you have given access to your files.

SmartShare does not claim any ownership rights in Your Files. You acknowledge that SmartShare does not have any obligation to monitor the Files or Comments that are added, posted, submitted, linked to or otherwise transmitted using the SmartShare or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files or anything said, depicted or written by users in their Comments, including without limitation, any information obtained by using SmartShare or Services. SmartShare does not endorse anything contained in the Files or Comments or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SmartShare with respect thereto.

Your shared files

While you own the content contained in Your Files, files shared with other users are available to those users to whom you grant access. By sharing Your Files, you agree and acknowledge that SmartShare has no responsibility or obligation to monitor or notify of you of any non-compliance related to the rights or license you may choose to grant to other users who have access to your files, if any, and that SmartShare has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer.

Your Responsibilities

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that your shared files require, as described above. Please note that removing all or portions of Your shared Files does not revoke the license granted to those individuals who previously accessed those files.

You should be aware that Files may be protected by intellectual property rights which are owned by the SmartShare user owns the file(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another user's files unless you have been specifically granted permission that you may do so by the rightful owner of that File.

You acknowledge and agree that you should not rely on SmartShare and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by SmartShare or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of SmartShare and/or Services.

Privacy

See SmartShare's Privacy Policy at SmartShare Privacy Policy for information concerning SmartShare's collection and use of your personal information.

Account Security

You are responsible for safeguarding the password that you use to access SmartShare and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify SmartShare of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to SmartShare, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize SmartShare and Services.

Your Use of the Services

Sigma Kudos AB grants you a limited, nonexclusive, nontransferable, revocable license to use SmartShare and Services subject to the restrictions set forth in these Terms of Service.

Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate 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). SmartShare has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Termination

If you violate any of these Terms of Service, your permission to use SmartShare and Services will automatically terminate. Sigma Kudos AB reserves the right to revoke your access to and use of SmartShare and Services at any time, with or without cause, and with or without notice. Sigma Kudos also reserves the right to cease providing or to change SmartShare or Services at any time and without notice.

Use of SmartShare at Your Own Risk

Your access to and use of SmartShare and Services and is at your own risk. Sigma Kudos AB will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of SmartShare or Services.

SmartShare is Available 'AS-IS'

SMARTSHARE AND SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SIGMA KUDOS AB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF SMARTSHARE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.

SIGMA KUDOS AB MAKES NO WARRANTY THAT SMARTSHARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SIGMA KUDOS AB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH SMARTSHARE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SMARTSHARE OR SERVICES.

Indemnity

You agree to defend, indemnify, and hold Sigma Kudos AB, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of SmartShare and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe the rights of another.

Limitation of Liability

IN NO EVENT WILL SIGMA KUDOS AB BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, SMARTSHARE AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN SMARTSHARE OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SIGMA KUDOA AB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SIGMA KUDOS AB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SIGMA KUDOS AB WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM SMARTSHARE AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF SIGMA KUDOS AB TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF SMARTSHARE AND/OR SERVICES IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIGMA KUDOS AB AND YOU.

Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Sigma Kudos AB and you regarding SmartShare, Services and Your Files, and these Terms of Service supersede and replace any prior agreements between Sigma Kudos AB and you regarding SmartShare, Services and Your Files.