- ACCEPTANCE OF TERMS
ShareG, Inc. (“ShareG”) provides the following terms regarding your use of the ShareG website at www.giantprotocol.com (the “Site”), our mobile device application (the “GIANT App”) and the telecommunications and financial services provided by ShareG. Each user and customer should read these terms, understand them, and consider printing a reference copy as you use the Site and the associated Services, subject to these Terms of Service (“TOS”). These TOS may be updated periodically without prior notice. You can review the current version of the TOS at: https://www.giantprotocol.com/tos
As used in these TOS, the term “Services” refers to all of the products and services provided by ShareG to its customers and users; the term “customers” refers to our customers who have purchased or are otherwise authorized to use Services (including all authorized users), the term “users” shall refer to both the users of the ShareG websites and our customers and the term “you” shall refer to you as a user of the Site, APIs or the ShareG Services. The term “Submission” means any post of information, content or a request to the Site or Services.
The TOS constitutes a binding agreement between ShareG and its users and customers (the “Agreement”). Before accessing or using the Site or the Service, users and customers must first agree to by bound by the TOS constituting this Agreement. By accessing or using the Site or the Services you thereby agree to the TOS. The TOS shall apply to all transactions conducted through the Site and the Services (unless the customer has entered into and separate written agreement governing such Services) and users are responsible for compliance with the Agreement. Failure to comply with the TOS may result in account revocation, suspension of service or access and other legal action. The TOS and related documents set forth herein constitute the entire agreement between you and ShareG governing your use of the Site superseding any prior agreements between the parties. You and ShareG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Jose, California, U.S.A.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SITE.
- DESCRIPTION OF COMPANY AND SERVICES
ShareG is a telecommunications and financial network services platform that provides wireless network internet connectivity services to web and mobile users and partner applications along with various associated financial and economic services. The Terms of Service is applicable to all Site visitors, registered users, customers and all other users of the Site and Services.
- ACCEPTABLE USE POLICY
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or the Services and to abide by the following requirements and restrictions on the use of the Site and the Services.
- You must comply with the TOS at all times when you access and use the Site. As long as you comply with the Agreement, ShareG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and the Services.
- ShareG does not take action to prescreen information submitted by users of the Site. ShareG retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by ShareG to violate the Agreement. ShareG will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.
- The content of Submissions and the views expressed on the Site or a Service are not endorsed by ShareG and ShareG shall have no liability for such views.
- ShareG provides limited technical support on the Site. Any information that is provided by ShareG or ShareG employees is offered on an “AS IS” basis without warranties of any kind. ShareG assumes no responsibility for the accuracy of any information set forth on the Site, which may contain technical or other inaccuracies, omissions or typographical errors. ShareG may change any of the information or other materials on the Site at any time without notice.
- No advertising is allowed on the Site. Do not use the Site to sell or market your products to others and do not post a URL unless it directly answers a user’s question. Do not post any promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on the Site.
- You are not allowed to utilize inappropriate user names (“Aliases”) or impersonations. Inappropriate or offensive user names or aliases will be removed and persons attempting to impersonate another user will be removed. User names may not contain website, email addresses or other contact information.
- No material may be submitted that is intended to promote or commit an illegal act. Connections to a wireless network are not intended for secure communications. You agree to transmit any secure communications at your own risk
- Do not post any defamatory material and do not submit software or descriptions of processes that break or otherwise ‘work around’ digital rights management software or hardware.
- You agree to use the Site only for purposes that are permitted by the Agreement and applicable laws, rules and regulations. You agree not to access, or attempt to access, the Site by any means other than through the interface that is provided by ShareG. You specifically agree not to access, or attempt to access, the Site through any automated means including use of scripts or web crawlers, automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Site. You agree to not resell the Services or use as a service bureau.
- Material submitted must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission and you agree that you will not disseminate or transmit files, graphics, images, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person.
- License to Use Submission. By sending a Submission to the Site you agree to grant ShareG a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Submission. If you do not want to grant to ShareG the rights set out above, do not send your Submission to the Site.
- You agree to not interfere with or disrupt the Site and that you will not use the Site, including information therein and all related networks and network devices (specifically including Internet access) for any unlawful purpose or in violation of the TOS. ShareG, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
- You agree that you will not disseminate or transmit through the Site or Services any unsolicited messages, chain letters or unsolicited commercial email or disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious including rants, slams, or legal threats against any individual or organization and any bigoted, racially offensive, or religious comments.
- You agree that you will not interfere, disrupt or attempt to gain unauthorized access to the operation of the Site or other accounts on the Site or Services or any other computer network or disseminate or transmit viruses, Trojan horses or any other malicious code or program via the Site including mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
- You agree that you will not, unless otherwise authorized by written agreement with ShareG, use the Services to provide ongoing residential or commercial Internet access or for high volume data transfers, including sustained high volume data transfers, hosting any server or server facility, IRC server, or any other server, the determination of which, in each case, may be made by ShareG in its sole discretion.
- You also agree that you will not engage in any other activity deemed by ShareG to be in conflict with the spirit or intent of this TOS. You agree that you are solely responsible for, and that ShareG has no responsibility to you or to any third party for, any breach of your obligations under the Agreement and for the consequences (including any loss or damage which you may suffer) of any such breach.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant to ShareG that: (a) you are over the age of seventeen (17) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all applicable laws and regulations and the terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.
- MODIFICATIONS TO THE SITE
ShareG reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice at any time. You agree that ShareG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
- LINKS AND THIRD-PARTY SITES
The Site or Submissions may provide links to other web sites or access to resources of other service providers and their online materials. Such presentation and links are provided for your reference and convenience only and are not intended to imply any endorsement of the materials or services on such websites or provided by such service providers. Because ShareG has no control over such sites and resources, you acknowledge and agree that ShareG is not responsible for the accuracy, completeness, authenticity or availability of such external sites or resources and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that your use and access to other sites and externally provided resources is at your own risk and ShareG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site or Services. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site or Services with your password.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason by providing notice to ShareG and you must immediately cease using and accessing the Site and the applicable Services. ShareG may terminate this Agreement and your access to the Site and Services with respect to you or any other third party without notice at any time for any reason. ShareG reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site or Service; (b) suspend your access to or use of all or any portion of the Site or Service; and (c) terminate this Agreement. Upon termination all rights granted in this Agreement will immediately cease to exist and you must promptly discontinue all use.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. SHAREG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES SHAREG MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. SHAREG MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHAREG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE OR SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to indemnify, hold harmless and defend ShareG, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Site or the Services, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
- ShareG shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by positing such amended terms herein. Your access, link to or use of the Site or any of the Services after the date such amended terms are delivered to your account in such manner with the Service shall be deemed to constitute acceptance of such amended terms.
- Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by ShareG shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
- Governing Law and Venue. This Agreement is governed by the laws of the State of California, without regard to its choice of law statutes. Any disputes must be brought in the U.S. District Court for the Northern District of California, located in San Jose, California. If that U.S. District Court cannot hear the dispute, the dispute shall be brought before the State District Courts of Santa Clara County located in San Jose, California. The parties agree that venue and jurisdiction is proper in this court and agree not to contest notice from this court. The United Nations Convention on the International Sale of Goods is disclaimed. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY RISING OUT OF, OR RELATED TO, THIS AGREEMENT. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraph.
- Export Laws. By accessing or using the Site or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or “re-export” (transfer) materials from the Site or Services that contains such materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security’s web site at: http://www.bis.doc.gov.
- All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- COPYRIGHT INFRINGEMENT
If you believe that work belonging to you has been unlawfully copied onto the Site without your permission, please notify ShareG by sending a written notification of claimed infringement to:
ShareG, Inc., Attn: Legal Department; [email protected]
In accordance with the Digital Millennium Copyright Act, your notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It is ShareG’s policy to remove any Submission concerning which a notice of claimed infringement has been received and investigate and permanently remove such Submission if deemed appropriate under the circumstances. Repeat offenders will have access privileges denied and such activity will result in termination of this Agreement. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it.
If a user of our websites believes that their content was removed or disabled by mistake or misidentification, the Visitor can send us a written counter-notification which includes the following:
- The user’s name, mailing address, telephone number and email address.
- Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
- A statement that the user consents to the jurisdiction of the Federal District Court in which the user’s address is located, or San Jose, California if the user’s address is outside the United States.
- A statement under penalty of perjury that the user has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (i.e. “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”)
- The Visitor’s physical or electronic signature.
We will restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.
- INTELLECTUAL PROPERTY
Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. ShareG grants you a limited, non-exclusive, worldwide, royalty-free, non-sublicensable license to access and use the Site and the Services in accordance with this Agreement during the term. The Agreement does not transfer from ShareG to you any ShareG or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ShareG.
- BREACH OF AGREEMENT, REMEDIES AND ARBITRATION
If you fail to abide by these terms or undertake any illegal activity, ShareG may suspend your access and remove, block or restrict any Submission. ShareG may also send an e-mail that informs you that your Submission has been deleted or edited. Repeated inappropriate Submissions may result in your relevant account or accounts being placed into temporary or permanent suspension of your ability to participate in any or all of the areas on the Site.
If you post or send offensive or inappropriate content anywhere on or to the Site or otherwise engage in any disruptive behavior which ShareG considers to be serious and/or repeated, ShareG may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement or other illegal activity.
ShareG may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this TOS may result in the suspension or termination of either access to the Services and your ShareG account or other appropriate actions. When you use the Services, the third-party from whom ShareG has obtained the right to access the applicable wireless connection point at which the Services are being used is an intended third-party beneficiary of this TOS. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
ShareG reserves the right to delete any Submission, or take action against any account, at any time, for any reason.
You agree that, except as otherwise provided herein, all disputes between you and ShareG (whether or not such dispute involves a third party) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and the parties hereby expressly waive trial by jury. As an alternative, you may bring a claim in your local “small claims” court if permitted by that court’s rules. Notwithstanding the foregoing, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section 13(c). Further, you may bring claims only on your own behalf. Neither party may participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ShareG is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You may opt out of this agreement to arbitrate. If you do opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, you must notify ShareG in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: ShareG, Inc. ATTN: LEGAL – Arbitration Opt-Out, [email protected] You must include your name, residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if you opt-out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section, above, shall control. This arbitration agreement will survive the termination of your relationship with us.