Terms of Use

1. Your Acceptance

This is an agreement between Think Tank Innovations Ltd., a Province of British Columbia corporation (“ShareSmart”), the owner and operator of www.ShareSmart.ca (the “ShareSmart Site”), the ShareSmart software, including ShareSmart Messenger (collectively, including all content provided by ShareSmart through ShareSmart Messenger and the ShareSmart Site, the “ShareSmart Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND SHARESMART’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.sharesmart.ca/#!privacy-policy/io85h AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. ShareSmart Service

These Terms of Service apply to all users of the ShareSmart Service. Information provided by our users through the ShareSmart Service may contain links to third party websites that are not owned or controlled by ShareSmart. ShareSmart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ShareSmart will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that ShareSmart shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. ShareSmart Access

A. Subject to your compliance with these Terms of Service, ShareSmart hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without ShareSmart’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide ShareSmart with your mobile phone number and such other personal and professional information as requested. You expressly acknowledge and agree that in order to provide the Service, ShareSmart may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to ShareSmart to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We may collect names, addresses or email addresses. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the ShareSmart Service. You must notify ShareSmart immediately of any breach of security or unauthorized use of your mobile phone. Although ShareSmart will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShareSmart or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the ShareSmart servers in a given period of time than a human can reasonably produce in the same period by using a ShareSmart application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, ShareSmart grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShareSmart reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by ShareSmart clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights

The design of the ShareSmart Service along with ShareSmart created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ShareSmart, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. ShareSmart reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

5. User Status Submissions

A. The ShareSmart Service may allow ShareSmart users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the “Status Submissions”). These Status Submissions may be hosted, shared, and/or published as part of the ShareSmart Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other ShareSmart users will only be viewable by those ShareSmart user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by ShareSmart users that have your mobile phone number on their smartphone, unless the user is blocked by you. Currently, we have no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. The submission of your ‘last seen’ status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, ShareSmart does not guarantee any confidentiality with respect to any submissions. B. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because ShareSmart is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of ShareSmart, and ShareSmart makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ShareSmart to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to ShareSmart, you hereby grant ShareSmart a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the ShareSmart Service and ShareSmart’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the ShareSmart Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the ShareSmart Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the ShareSmart Service. C. In connection with Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ShareSmart all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ShareSmart or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. D. Adult content must be identified as such. ShareSmart does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and ShareSmart expressly disclaims any and all liability in connection with Status Submissions. ShareSmart does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and ShareSmart will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 the service provider to locate the material, including the mobile phone number or contact information of the ShareSmart user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider 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; (v) 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; and (vi) 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. Such takedown notices may be emailed to support at ShareSmart.ca. ShareSmart reserves the right to remove content and Status Submissions without prior notice. ShareSmart may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized ShareSmart employees, agents, subagents, superagents or superheros. ShareSmart also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. ShareSmart may remove such Status Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. E. You understand that when using the ShareSmart Service you will be exposed to Status Submissions from a variety of sources, and that ShareSmart is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of ShareSmart. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShareSmart with respect thereto, and agree to indemnify and hold ShareSmart, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the ShareSmart Service. F. ShareSmart permits you to link to materials on the Service for personal purposes only. ShareSmart reserves the right to discontinue any aspect of the ShareSmart Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SHARESMART SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SHARESMART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHARESMART SERVICE. SHARESMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHARESMART SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SHARESMART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN. Except where expressly stated, ShareSmart makes no representations about the currency, accuracy, suitability or reliability of any content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of or in connection with your use of the Website (“Material”). The Material is provided “as is” and without warranties of any kind, either express or implied including without limitation implied warranties of merchantability and fitness for any particular purpose. Any Material made available through the Website whether it be on the Website, as an email, or any other transmission is provided as general information only and should not be relied upon in place of professional or expert advice. ShareSmart, including our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Website will be uninterrupted or error free, that any defects will be corrected or that any Website or server which stores and transmits any Material will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components. You as the user will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.

7. Limitation of Liability

IN NO EVENT SHALL SHARESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHARESMART CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SHARESMART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by ShareSmart from its facilities in Canada. ShareSmart makes no representations that the ShareSmart Service is appropriate or available for use in other locations. Those who access or use the ShareSmart Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless ShareSmart, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ShareSmart Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ShareSmart Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.

9. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the ShareSmart Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the ShareSmart Service. ShareSmart is the developer of the Service, with an address at 400-570 Granville, Vancouver, British Columbia, info at ShareSmart.ca.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShareSmart without restriction.

11. Security

As a registered user of the Website, you will receive or establish an account which may include login details such as username and password (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone or use anyone else’s Account.
You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security.

12. Information Manager Agreement:

By agreeing to this Terms of Use, the user agrees to the following:
  1. The objective of this agreement is to provide guidance of the relationship between Think Tank and the User regarding the use of ShareSmart. The principles to guide this agreement include, but are not limited to, the sole responsibility and duty of the user to:
    1. protect collected information;
    2. abide by the Health Information Act and/or similar legislation governing health information;
    3. Think Tank shall not at any time have access to readable/unencrypted information collected, stored or shared by any user.
  2. the information manager is not permitted to collect health information from any other custodian or from a person,
  3. the information manager may not use health information provided to it by the custodian,
  4. information manager may not disclose health information provided to it by the custodian,
  5. the information manager shall respond to access requests within approximately 14 days upon verification of the User and request. Upon request, Think Tank may defer the request to the specific User as Think Tank does not have access to readable health information that is collected, stored and shared by Users.
  6. The information manager is not to respond to requests to amend or correct health information. The process for referring access requests to amend or correct health information to the User shall occur immediately request,
  7. health information provided to the information manager is to be protected, managed, returned or destroyed in accordance with the Act pursuant to the directions of the individual User who controls access to the health information. Whereupon there are conflicting instructions with respect to obligations of an User, Think Tank may delay effecting the directions of the User,
  8. the information manager is not to address an expressed wish of an individual relating to the disclosure of that individual’s health information. The process for referring these requests to the user shall occur immediately upon an expressed wish, and
  9. this Agreement may be terminated immediately upon the User uninstalling ShareSmart. By uninstalling ShareSmart, this agreement shall be deemed to be effective for the period of time the User utilized any of the features of ShareSmart including, but not limited to, having ShareSmart installed on their mobile device and continued use of cloud storage provided by ShareSmart.