Terms of Service
Date of last revision: June 27, 2018
Statement of rights and responsibilities
This statement of rights and responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users and others who interact with SheTek, as well as PamTen, SMAC Apps, and Bizligo brands, products and services, which we call SheTek services or “services”. By using or accessing the SheTek website and its services, you agree to this statement and any changes as it is updated from time to time.
Because SheTek provides a wide range of services, we may ask you to review and accept supplemental or additional terms that apply to your interaction with a specific app, product, or service. To that extent, the supplemental terms associated with your use of such app, product, or service govern the extent of the conflict with these terms.
Your privacy is very important to us. We designed this and additional policies to make important disclosures about how you can use SheTek to share with others and how we collect information and how your content and information will be used.
- Sharing your content and information
You own all of the content and information you post on SheTek. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SheTek (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of SheTek, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about SheTek, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep SheTek safe, but we cannot guarantee it. We need your help to keep SheTek safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) in any manner on SheTek.
- You will not collect users’ content or information, or otherwise access SheTek, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SheTek.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate libel, slander or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating, or other mature content (including advertisements).
- You will not use SheTek to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of SheTek, such as a denial of service attack or interference with page rendering or other SheTek functionality.
- You will not facilitate or encourage any violations of this statement or our policies.
- Registration and account security
SheTek users provide their real names and genuine information, and your assistance is needed to keep it that way. These are your commitments to us relating to registering and maintaining the security of your and all user accounts:
- You will not provide any false personal information on SheTek, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use SheTek if you are under 18.
- You will not use SheTek if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password to let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- Protecting other people’s rights
We respect other people’s rights and expect you to respect them as well.
- You will not post content or take any action on SheTek that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on SheTek we believe violates this statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account.
- You will not use our copyrights or trademarks or any confusingly similar marks without our prior written permission.
- You will not post yours or anyone’s identification documents or sensitive financial information on SheTek.
- Mobile and other devices
- Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply when mobile services are utilized.
- In the event you change or deactivate your mobile telephone number, you will update your account information on SheTek within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on SheTek.
If you make a payment on SheTek, you agree to our payments terms unless it is stated that other terms apply.
- Special provisions applicable to software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this statement, we may provide notice on the site home page.
- Your continued use of the SheTek services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this statement or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SheTek to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this statement shall terminate.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this statement or SheTek exclusively in the U.S. District court for the state of New Jersey or a state court located in Mercer County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New Jersey will govern this statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on SheTek, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on SheTek and are not responsible for the content or information users transmit or share on SheTek. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SheTek. We are not responsible for the conduct, whether online or offline, of any user of SheTek.
- We try to keep SheTek up, bug-free, and safe, but you use it at your own risk. We are providing SheTek as is without any express or implied warranties including, but not limited to, implied warranties of fitness for a particular purpose, and non-infringement. We do not guarantee that SheTek will always be safe, secure or error-free or that SheTek will always function without disruptions, delays or imperfections. SheTek is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We, PamTen, and SMAC Apps will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or SheTek, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or SheTek will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, SheTek’s liability will be limited to the fullest extent permitted by applicable law.
- Special provisions applicable to users outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with SheTek outside the United States:
- You consent to have your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of specially designated nationals you will not engage in commercial activities on SheTek (such as advertising or payments) or operate a platform application or website. You will not use SheTek if you are prohibited from receiving products, services, or software originating from the United States.
- By “SheTek” or” SheTek services” we mean the features and services we make available, including through (a) our website at www.shetek.net and any other SheTek branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) social plugins and other similar offerings; and (d) other media, brands, products, services, software, devices, or networks now existing or later developed. SheTek reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
- By “platform” we mean a set of apis and services (such as content) that enable others, including application developers and website operators, to retrieve data from SheTek or provide data to us.
- By “information” we mean facts and other details about you, including actions taken by users and non-users who interact with SheTek.
- By “content” we mean anything you or other users post, provide or share using SheTek services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from SheTek or provide to SheTek through platform.
- By “post” we mean pictures, text, content, videos, etc., placed by you onto SheTek or otherwise make available by using SheTek.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application, software system, or website that uses or accesses platform, as well as anything else that receives or has received data from us. If you no longer access the platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “trademarks” we mean the list of trademarks specific to SheTek.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and SheTek and PamTen, Inc.. References to “us,” “we,” and “our” mean either SheTek, PamTen, Inc., SMAC Apps, Bizligo, as appropriate.
- This Statement makes up the entire agreement between the parties regarding SheTek, and supersedes any prior agreements.
- If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this statement, it will not be considered a waiver.
- Any amendment to or waiver of this statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this statement shall prevent us from complying with the law.
- This statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or by accessing SheTek.
By using or accessing SheTek services, you agree that we can collect and use such content and information as amended from time to time.