Terms of Service

Last Modified: April 12, 2021

Thank you for using Shelf! Shelf helps you organize, find, and share the valuable content that you use to run your organization on a daily basis.

These Shelf Terms of Service (these “Terms”) are incorporated by reference into the Subscription License Agreement (the “License Agreement”) by and between GemShelf, Inc. (“Shelf”, “us”, “we”, or “our”) and you, the Customer as defined in such Subscription License Agreement (together with the Customer’s Authorized Users (as defined below), “you” or “your”). Please read these Terms before using the website, services and software applications (the “Service”) operated by Shelf.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By using our Service, you are agreeing to be bound by these Terms and acknowledge that you have reviewed and agree to Shelf’s Privacy Policy. If you are entering into these Terms on behalf of a company or business, you (a) represent that you have the authority to bind such entity and its affiliates to these Terms and (b) shall ensure that each of your Authorized Users (as defined in the License Agreement) understand and comply with these Terms.

If you do not agree to be bound by these Terms and our Privacy Policy, then you are not allowed use the Service. In addition, you may not use the Service if you are a direct competitor of Shelf. Should you have any questions surrounding these Terms, please contact info@shelf.io.

Registration

Excluding accessing the public areas of Shelf’s website, when using our Service, you will be required to register with your email address. If authenticating to the Service using a third party account, you must adhere to the authentication and rights of use provided by such third party service. You represent and warrant that you have the right and authority to access the Service via your email address.

You hereby verify that you are authorized to use such email address and that your use of the Service shall be in compliance with your terms and policies, if any, as well as any third party service authentication and rights of use policies. If you are unsure, check with your email provider to understand their access rights and data handling practices. Shelf does not control, and cannot assume responsibility for, the practices or restrictions imposed by you and/or email provider surrounding your use of the Service.

 

Content Within Shelf

Our Service allows you to share information, documents, text, communications, web links, videos, e-mail messages and other data (“Content”) with others. When using our Service, you control what Content you share.
You agree and warrant that you will only upload, sync, copy, share or otherwise use (“Use”) Content on or through the Sites that you have the right and authority to Use. You are responsible for securing any necessary rights from others in order to Use any Content belonging to them. To the extent that you own any of the Content, you recognize and agree that, once you share it with others, it may be re-distributed and, in the course of the distribution stream, others may modify, copy and use your Content. You agree that Shelf has no responsibility or liability in connection with the use or misuse of your Content by others as a result of your use of the Service. Shelf has the right to process, share, host, backup and otherwise use the Content to the extent necessary to provide you with the Service.
We are not responsible or liable for the Content you post or share via the Service.

 

Your Responsibilities

You are responsible for: (a) ensuring that you and each of your Authorized Users is age 13 or older; (b) ensuring that your unique access details, consisting of your email address and password (your “ID”) remain confidential, will only be used by you, and that you assume responsibility for all activities that occur under your ID; (c) notifying us immediately of any unauthorized use or loss of any of your account information or any other breach of security with respect to your use of the Service; (d) ensuring the quality and accuracy of the Content; (e) ensuring that the Content, and your conduct in connection with your use of the Service, complies with these Terms and all applicable laws and regulations; (f) ensuring that you do not upload, copy, download, use or share Content unless you have the right to do so; (g) promptly handling and resolving any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights; and (h) maintaining copies of your Content. Shelf does not accept responsibility for the loss of your Content.
Subject to the terms of the License Agreement, your rights of use in the Service are subject to cancellation or suspension by Shelf at any time and for any reason, including if there is reason to believe that you have breached these Terms.

 

Acceptable Use Policy

In connection with your use of our Service, you are prohibited from (1) attempts to hack, destabilize or adapt the Service or its source code; (2) accessing, tampering with, reverse engineering, decompiling or using non-public areas or parts of the Service (including all such source and object code), or shared areas of the Service you have not been granted expressed rights of use, or attempting to use or gain unauthorized access to our or to any third-party’s networks or equipment; (3) permitting other individuals or entities to copy all or any portion of the Service; (4) providing your ID or other means of access to the Service to other individuals; (5) interfering or attempting to interfere with any service which we provide to any user, host or network; (6) engaging in fraudulent, offensive or illegal activity of any nature; (7) uploading, copying, sharing or utilizing any content, or engaging in any activity, that is pornographic, obscene, harassing, abusive, slanderous or defamatory or that encourages, promotes or expresses racism, hatred, bigotry or violence; (8) uploading, copying, sharing or utilizing any Content, or engaging in any activity, that infringes the intellectual property rights or privacy rights of any individual or third-party; (9) transmitting unsolicited bulk or commercial messages; (10) attempts to use any high volume automated means (including robots, spiders and scripts) to access the Service; (11) the abuse, harassment, threatening, harming or impersonation of other users, Shelf employees, or any of its partners, at any time or for any reason; (12) intentionally distributing worms, Trojan horses, viruses, corrupted files or any similar items; (13) using the Service for competitive or benchmarking purposes; (14) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any Shelf technologies and/or facilities used to deliver the Service; or (15) modifying or creating derivative works of the Service.
Shelf has discretion to determine whether your use of the Service is a violation of this Acceptable Use Policy and, if so, we may suspend or terminate your ability to use the Service.

 

Shelf Responsibilities

Shelf is responsible for providing the Service in accordance with these Terms.

 

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Shelf’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your Content from our Service. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Feedback

In the event that you submit any ideas, comments, suggestions, proposed modifications or enhancements, or other feedback relating to the Service (collectively, “Feedback”), we shall automatically own such Feedback without compensation to you and you hereby assign all rights in such Feedback to Shelf. For clarity, Shelf may use your Feedback for any purpose, and shall own any and all work product or developments created based thereon or related thereto.

 

Promotion

You agree that Shelf may use your name and organization name and logo on Shelf’s website, sales literature, and advertising materials, and for any other commercial purpose related to Shelf’s business.

 

Third Party Links and Components

Our Service may facilitate links to sites operated by third parties (“Linked Third Party Site”) or may otherwise provide access to content, products and services of third parties (“Third Party Products”). However, we have no responsibility for, or control over, these Linked Third Party Sites or the Third Party Products, and therefore you agree to access these sites and products at your own risk.

 

Changes to Terms

Shelf may revise these Terms from time to time and at our sole discretion. When such changes are effected, Shelf will publish an updated version on our website: www.shelf.io/terms-of-service. The changes will become effective and will be deemed accepted by you, (a) immediately for those who register for the Service after the updated version is published on Shelf’s website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with your continued use of the Service. You have rights to dispute an updated term which materially alters your rights or obligations (with exception to changes required by law) within five (5) business days from the date of the new Terms being published, upon written notification to: info@shelf.io. Should you dispute any aspect of Shelf’s Terms of Service, your access to the Service may be temporarily halted until such dispute is resolved between you and Shelf. If we are unable to resolve the dispute within thirty (30) days of your written notification of dispute, the Service will be terminated.

 

Copyright Complaints

Shelf respects the intellectual property of others. Shelf responds to notices of alleged copyright infringement if they comply with the Digital Millennium Copyright Act (“DMCA”). Shelf reserves the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: Gemshelf Inc. Attn: Copyright Agent, 228 Park Avenue South #94166, New York, NY 10003-1502 or at info@shelf.io.

Notifications
We may provide notifications to you from time to time. We may transmit these notifications via email, notice on our website, written notice, or as otherwise determined by Shelf at our sole discretion. These notifications may be for marketing purposes, business purposes, or required by law. You can opt out of certain types of notifications through emailing support@shelf.io.