End User License Agreement
ATTENTION: BY USING THIS WEBSITE, YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS. PLEASE READ THIS AGREEMENT CAREFULLY.
By copying, installing or using all or any portion of the CinchShare scheduling and social sharing services ("Services") designed to run on computers,
smartphones, tablet computers and other mobile devices, and any related computer software, or associated media and/or documentation ("Software"), You
("You", "User", or "Subscriber") agree to be bound by the terms and conditions of this End User License Agreement ("Agreement"). This Agreement may
sometimes be referred to as the Terms of Service. If You do not agree to the Terms of Service, do not accept this Agreement; do not continue with your use
of this site and do not use the Services. This Agreement is enforceable against You and any entity on whose behalf the Services are used.
The Software is the copyrighted and trademarked property of CinchShare and its licensors and is protected by copyright, trademark and other intellectual
property laws and treaties. CinchShare, together with its licensors, owns all right, title and interest in and to the Software, and reserves any rights not
expressly granted in this Agreement. The Software may only be used for lawful purposes. Unless otherwise agreed in a written document signed by an
authorized representative of CinchShare, the Software is licensed to be used exclusively for purposes set forth on the CinchShare website
(www.cinchshare.com) and for no other purpose. The Software is not sold. CinchShare permits You to download, install, use, or otherwise benefit from the
Software only in accordance with the terms of this Agreement.
These terms and conditions govern your access to and use of the CinchShare website, products, software, and Services including any and all information,
text, graphics, and photos.
1. Definitions: The following terminology applies to these Terms of Service:
- "Account" shall mean the account created and maintained by Subscriber. Each User must have an Account and password. An Account established for multipleusers shall be subject to CinchShare approval, the payment of separate fees and passwords for each individual User.
- "Agreement" shall mean this End User License Agreement - Terms of Service posted on the CinchShare Site.
- "CinchShare," or "We" or "Us" shall mean CinchShare, LLC, a Florida Limited Liability Company.
- "CinchShare Site," or "Site" shall mean the following: http://www.cinchshare.com, the CinchShare website, http://blog.conchshare.com, the CinchShare blog, and such other sites as CinchShare may post on one or moreof the Sites, from time to time.
- "Devices" shall mean computers, smart phones, tablet computers, x-boxes, or other mobile devices now in use, or in use at any future date with current technology or technology to be developed, provided that such devices are able to perform and incorporate CinchShare software, as provided on the CinchShare Site.
- "Fees" shall mean the charges payable by each User of the Services.
- "PII" shall mean personally identifiable information as described in more detail below.
- "Service(s)" shall mean a combination of scheduling and social sharing services offered through the CinchShare Site and as described in more detail
- "Software" shall mean the CinchShare downloadable software licensed to the Users. The Software may not be customized.
- "Support" shall mean the support provided by CinchShare in its sole reasonable judgment, as more fully provided below.
- "Subscription" shall mean the non-exclusive, non-transferrable right to use the Services, upon the creation of an Account, subject to the terms of this Agreement and the full and timely payment of the Fees.
- "User," "You", "Your" shall mean the Subscriber and user of the Services.
2. Services and Your Account
CinchShare's Services include a combination of scheduling and social sharing services through the CinchShare Site. CinchShare's Services is provided upon
Subscription to enable Users to create and manage social media content through a variety of tools to more easily and effectively interact with social media
You must register and create an Account with us in order to use the Services. In order to create an Account, You must provide us with PII, including your
name and email address. You are responsible for maintaining the security of your account login information and for any activities or actions occurring
under your account. You must also comply with this Agreement.
The following additional terms and conditions apply to the creation, maintenance and use of your Account:
- You must be thirteen (13) years of age or older to use the Services. If you are under the age of eighteen (18), You cannot use the Services without the
consent of your parent or guardian, who shall agree, on your behalf, that You will comply with the Terms of Service. By your using the CinchShare Site,
You represent that You are eligible to use the Services and that your parent or guardian has consented to such use.
- Accounts registered by "bots" or other automated methods are not permitted.
- You must accept and allow any permissions required by Facebook to use the Services.
- Your Account may only be used by You or your employees or agents authorized to act on your behalf. Each User must have his or her own password. You may
not assign your Account, password or any rights under this Agreement.
- You are responsible for maintaining the security of your Facebook account and password, and You agree that CinchShare is not liable for any loss or
damage from your failure to maintain the security of your Facebook account.
- You are responsible for all content posted and activity that occurs under your Account even when content is posted by others whose content can be
accessed through your Account.
- You agree to provide complete and accurate information when creating your Account and to keep your account information up-to-date.
- You agree not to access any other account without the permission of the account owner.
- You understand and agree that it is your responsibility to install, acquire or upgrade (for example, your browser) any hardware and software required
to use the CinchShare Site or the Services.
- You acknowledge and agree that You are responsible for providing (i) all Devices used to access the Services, (ii) your own access to the Internet,
(iii) payment of all Fees, and (iv) payment of all telephone or other fees associated with Internet access. CinchShare shall not be liable for any loss or
damage arising from the loss of any access to the Internet.
Users, who create or administer an Account on the Site for another person or entity, agree to comply with this Agreement and represent to CinchShare that
they are properly authorized to represent the person or entity for which the User created or administered an Account.
3. Updates and Modifications
CinchShare reserves the right, for any reason, at its sole discretion, to modify, discontinue or terminate the Services, or to modify or replace any part
of this Agreement, at any time and without prior notice. It is your responsibility to check the CinchShare Site and this Agreement periodically for
changes. If CinchShare modifies the conditions of this Agreement, it will post the modification on the Site. CinchShare will also update the "Last updated
on" date at the bottom of this page. Your continued use of or access to the Site following the posting of any changes to the Terms of Service constitutes
acceptance of those changes. If the modified terms are not acceptable to you, your only recourse is to cease using the Services. Without limiting any other
terms of this Agreement, CinchShare reserves the right in its discretion to correct possible errors or bugs in the Services and, more generally, to add new
elements, modify, discontinue or change the Services or any part thereof at any time and without notice to You. CinchShare may, in the future, offer new
Services and features through the Site, including the release of new tools and resources. Such new Services and features shall be subject to the terms and
conditions of this Agreement. We may also impose limits on certain features of the Site or Services, or restrict your access to part or all of the Site or
Services, without notice to You or penalty to Us.
4. Payment Terms for Services
The Fees or charges for using the Services are posted on the Site and are incorporated in this Agreement. CinchShare has the right to change the Fees or
charges at any time and without separate notice to you. You must pay for the Services with one of the following: (a) a valid credit card acceptable to Us;
(b) a valid debit card acceptable to Us; or (c) by another payment option that CinchShare may, in its sole judgment, provide to You in writing.
If You do not notify Us of updates to your payment method (e.g., credit or debit card expiration date or change in card number), to avoid interruption of
the Services, We, or our billing service provider, may participate in programs supported by your card provider (e.g., updater services, recurring billing
programs, etc.) to try to update your payment information, and You hereby authorize Us to continue billing your Account with the updated information that
If You initially sign up for a CinchShare Account, and You do not cancel that Account within seven (7) days, You will be billed monthly starting on the 7th
day after your Account was initially created. If you cancel your Account prior to the processing of your first invoice on the 7th day, You will not be
charged. CinchShare, in its sole discretion, may extend the trial period.
Services are billed in advance on a monthly or annual basis and the amount billed is non-refundable. There will be no refunds for partial billing periods
of service or for billing periods unused with an open Account.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies,
Additional ordering, payment, cancellation or renewal terms may be provided to You on the Site or in communications or notices from Us, and the Terms of
Services incorporate such terms by reference.
5. User's Cancellation of Services
You may cancel the Services at any time. To cancel the Services, click the "Cancel my membership and Delete my Account" button in your account page. Once
you cancel the Services with CinchShare, you won't be charged again, but You are responsible for whatever charges have already been incurred for the
current monthly or annual billing period. We do not issue refunds or prorate any portion of a billing period. For example, if You cancel the Services on
the 15th of the month, You are responsible for the charge for the entire month.
Once your cancellation takes effect, all of your content from the Services will be deleted and cannot be recovered unless We are obligated or elect to
retain such content pursuant to the terms of this Agreement. For example, We will retain your content upon your cancellation of the Services if We are
under a legal obligation to retain the content, such as in connection with a court order or subpoena. Upon cancellation, You will be responsible for the
maintenance and existence of any social media outlet for which You were using the Services.
it appears on the Site.
8. Ownership of Intellectual Property
- Software License. Subject to your continuous compliance with the terms, conditions and restrictions set forth in this Agreement, CinchShare hereby
grants You and You accept, a non-exclusive, non-transferable, limited and revocable license to install and use the Services and the Software on the Devices
as more fully provided in this Agreement and the CinchShare Site.
- Restrictions. You shall have no right, and You shall have no right to permit any third party to (i) use or have access to the Services, (ii)
copy the Software, (iii) modify, adapt, create derivative works of or translate the Software, (iv) reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software, except as otherwise provided under applicable law, and in such event only to decompile only in order
to achieve interoperability with existing software, (v) unbundle the component parts of the Software for use with different products or third party
software, or (vi) repackage the Software for distribution, transfer or resale. Any use of the Services in any manner not expressly authorized pursuant to
the terms hereof, or any attempted transfer, assignment, sublicense or unauthorized use shall be a material breach of this Agreement.
The Services and Software installed or used by You are the intellectual property of and are owned by CinchShare and its licensors. The structure,
organization and source code of the Software are the valuable trade secrets and confidential information of CinchShare and its licensors. The Services and
Software are protected by the copyright laws of the United States and other countries by international treaty provisions, and trademark, patent and other
intellectual property laws and treaties. Except as expressly stated herein, this Agreement does not grant You any intellectual property rights in the
Services or the Software. All rights not expressly granted are reserved by CinchShare. You acknowledge and agree that the Services and Software are
confidential and trade secret information of CinchShare. You further agree that You shall not disclose such confidential and trade secret information to
any third party.
All content included on the Site, such as audio, photographs, illustrations, graphics, video and software, code, data, works of authorship and materials
thereon, the look and feel, design and all content in organization of the Site is the exclusive property of CinchShare. CinchShare is the creator, author
and copyright owner of all such content. CinchShare owns, solely and exclusively, all rights, title and interest in and to the Site, including, but not
limited to, all intellectual property and proprietary rights therein. You acknowledge that you do not create any ownership rights through your use of the
Site and/or the content does not grant to You any ownership of any content You may access on the Site.
The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on the Site or in connection with the content made
available through the Site are the trademarks of CinchShare and may not be used except with written permission of CinchShare. Nothing contained on the Site
should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written
permission of CinchShare.
Notwithstanding anything in the Terms of Service to the contrary, in the event that You submit to CinchShare any ideas, creative suggestions, photographs,
information, advertisements or proposals concerning the Services, including ideas for new or improved products, services, features, technologies or
promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole
property of CinchShare without any compensation or credit to You whatsoever. CinchShare shall have no obligations with respect to such submissions and may
use the ideas contained in such submissions for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and
marketing products and services using such ideas.
9. CinchShare's Rights
In addition to all other rights herein, CinchShare reserves the following rights: (1) to suspend or terminate the Services of anyone who violates the Terms
of Service; (2) to change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for
some or all uses of the Site and/or the Services, at any time; (3) to review, modify, filter, disable, delete and remove any and all content and
information from the Site or content that any User attempts to post through the Services; (4) to update and download automatically any software provided on
or through the Site, even if it affects the Services provided to You; (5) to cooperate or comply with any law enforcement, court, government investigation,
order or third party requesting or directing that We disclose information or content; and (6) to display advertising and promotions, which may be targeted
to certain Users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
You agree that the foregoing are rights of, but not obligations of, CinchShare and that CinchShare may, but is not obligated to, exercise any of these
10. Prohibited Uses of the Site and Services
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services
comply with the Terms of Service and all applicable laws and regulations. CinchShare does not have any obligation to review, edit, censor or take
responsibility for any information that you, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the
You agree to not use the Site or the Services to: (1) transmit, upload or post content or information that is profane, obscene, hateful, threatening,
libelous, slanderous, defamatory, threatening or otherwise harassing, including pornography, or creates a risk to anyone's privacy or safety; (2) promote,
do or further any unlawful, misleading, discriminatory or malicious activity; (3) solicit personal information from anyone under 18 years of age, or stalk,
harass or harm any individual; (4) transmit unsolicited commercial messages such as spam, junk mail, pyramid schemes, chain letters or similar materials or
information; (5) upload or transmit viruses, worms, "Trojan Horses" or other malicious code; (6) violate or infringe anyone's intellectual property rights,
including copyrights, trademarks, patents and trade secrets (for instance, you may not use the Site or the Services to provide pirated or counterfeit
works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else's copyrighted work,
or the trademarks of others, including the use confusingly similar marks); (7) violate or infringe anyone's privacy or publicity rights, such as
impersonating another person or entity or posting images of someone without their permission; (8) forge or otherwise manipulate headers, tags or
identifiers in order to disguise the origin of any message or transmittal that you send or receive on or through the Site or the Services; (9) falsely
express or imply that CinchShare sponsors, endorses or is otherwise affiliated with you or your content; (10) violate any applicable, local, state or
federal law, statute, ordinance or regulation including, without limitation, i) intellectual property laws and regulations, specifically including
copyright and trademark laws and regulations, and ii) export laws and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury or
any other U.S. or foreign agency or authority; (11) interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the
Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the
Services; (12) impose an unreasonable or disproportionately large load on the infrastructure of the Site or CinchShare's systems or networks; (13) restrict
or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site); (14) create
a database by downloading and storing the content or any part thereof; (15) violate the Terms of Service or encourage or assist anyone else to violate the
Terms of Service; or (16) export or re-export, or allow the export or re-export of the CinchShare Services in violation of any law, restriction or
In addition to any remedies that CinchShare may have at law or in equity, if CinchShare reasonably determines that you have violated or are likely to
violate the foregoing prohibitions, CinchShare may take any action it reasonably deems necessary to cure or prevent the violation, including, without
limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. CinchShare may cooperate with any law enforcement
authorities or court order or subpoena or third party requesting or directing CinchShare to disclose the identity of anyone posting such materials.
11. Remedies for Breach of Terms of Service
CinchShare may suspend and terminate your use of the Site or Services without notice to you for breach of the Terms of Service. CinchShare may also report
your activities to federal and/or state law enforcement agencies.
Without limiting its other remedies, CinchShare may in its sole discretion immediately issue a warning, temporarily suspend, indefinitely suspend or
terminate your access to the Services and your account if you fail to comply with any term or condition of the Terms of Service.
You acknowledge and agree that damages are an inadequate remedy in the event of an actual, intended or threatened breach of the Terms of Service and that
any such breach by you will cause Us irreparable injury and damage. Accordingly, You agree that We shall be entitled to preliminary and permanent
injunctive relief in the event of an actual, intended or threatened breach by You, without any requirement to post a bond or prove any actual damages to
You (and without waiving any additional rights or remedies, including monetary damages, otherwise available to Us at law, in equity or by statute).
Upon termination of the Services, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and
12. Availability of Services/Support
CinchShare does not warrant that the Services will be available 24-hours per day, 7-days per week. If your access to the Services is suspended or
interrupted, or a fault or defect occurs which prevents your access to the Services, CinchShare will use commercially reasonable efforts to restore access
to the Services. CinchShare will provide reasonable support that is limited to the CinchShare Software. CinchShare is not responsible for any social
networking software or other third party software used with CinchShare software. User understands and agrees that in the event of any support issues
unrelated to CinchShare, and not within CinchShare control, it will seek an appropriate response from the websites of such other providers of social
networking software or other third party software.
13. Third Party Content
The Site and Services may contain information and content provided by third parties not related to CinchShare, including hyperlinks to third party
websites. CinchShare does not in any way imply, suggest, or constitute any sponsorship or recommendation of any third party information. Nor does this
indicate any affiliation between such other website and CinchShare. By accessing such third party material through the Site and Services, you acknowledge
that CinchShare does not in any way imply, suggest, or constitute any sponsorship of, approval of, recommendation, or affiliation among such third parties.
You agree that CinchShare shall not be liable or responsible in any way for any of the content displayed on the third parties' websites, including without
limitation the completeness, accuracy and timeliness of information that CinchShare may aggregate for You from such third parties or their websites. The
information or data provided by and through the Services may include objectionable or inappropriate material. By entering the Site or using the Services,
You undertake full responsibility for determining whether the information complies with your needs or sensitivities.
You agree to indemnify, defend and hold CinchShare and its affiliates, members, directors, officers, employees and agents harmless from and against any and
all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees), which may arise from your use
of the Site and Services, including but not limited to your breach of this Agreement. CinchShare reserves the right, but not the obligation, to assume the
exclusive defense and control of any matter subject to indemnification by You, and in such case, You agree to cooperate with CinchShare's defense of such
15. Disclaimer and Limitation of Liability
THE SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER
ORAL, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CINCHSHARE DOES NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, CURRENCY, CONDITION, DURABILITY, NON-INFRINGEMENT
OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHT, MERCHANTABILITY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE OF THE SERVICES. CINCHSHARE
DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR
INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. CINCHSHARE MAKES NO WARRANTY THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICES WILL BE FREE
OF INFECTION BY VIRUSES, BUGS, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CINCHSHARE BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY (I) DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF
PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES,
FEES, PENALTIES, OR (IX) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT CINCHSHARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE
UNAVAILABILITY OF, RELIANCE ON, USE OF, THE INABILITY TO MAKE USE OF, OR IMPROPER USE OF THE SERVICES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT CINCHSHARE SHALL INCUR SHALL BE LIMITED TO THE ACTUAL PRICE PAID
FOR THE ONE (1) MONTH PERIOD PRIOR TO THE DATE WHEN THE APPLICABLE CLAIM AROSE.
16. Governing Law/Exclusive Jurisdiction.
- This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA, except for its conflict of law rules. The
state courts of Brevard County, Florida, or the federal courts of the Middle District of Florida, as appropriate, shall be the exclusive venue in the event
of any action or proceeding with respect to the operation or construction of this Agreement. You irrevocably consent to such exclusive jurisdiction.
- In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees. Any cause of action you may
have with respect to the Site or Services must be commenced within one (1) year after the claim or cause of action arises.
17. Severability/No Waiver
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid
and enforceable according to its terms. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the
This is the entire Agreement between CinchShare and You relating to the Services, Site and as otherwise provided herein. The Agreement supersedes all prior
and contemporaneous representations, discussions, undertakings, and communications, whether electronic, oral or written, relating thereto. This Agreement
may not be modified.
You may not assign the Terms of Service or any part of the Terms of Service without the express written consent of CinchShare. You agree that CinchShare
may assign the Terms of Service or any part of the Terms of Service at any time and for any reason without notice or your consent. CinchShare may also
delegate, subcontract or engage any third party to perform any part of the Services or any of CinchShare's obligations under these Terms of Service at any
time and for any reason without notice or your consent. The parties are independent contractors and will so represent themselves in all regards. Neither
party is the agent of the other and neither may bind the other in any way.
19. Contact Us
If you have any questions or concerns about these Terms of Service, please feel free to contact us by email to [email protected].
YOU EXPRESSLY ACKNOWLEDGE THAT BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SITE, SERVICES AND SOFTWARE, YOU EXPRESSLY CONSENT
TO BE BOUND BY THESE TERMS.