Legal

Ownshelf  Legal Stuff – Terms of Service, Privacy Policy, and NTD

Last Modified: September 16, 2012

Thank you for using OwnShelf! These terms of service (the “Terms”) govern your access to and use of Ownshelf (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Dropbox and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

TERMS OF SERVICE

OwnShelf is a Service that provides You with the infrastructure and facilities to publically store and share digital content.  Some features of the Service are free to You due to advertisements. Special features and functionalities may be available at a charge.   We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Part of operating our Service includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example our internet hosts, which provides our storage space (again, only to provide the Services).

OwnShelf does not claim any ownership of the Content You transfer through our Service. You are fully and solely responsible for the Content You exchange, provide, download or upload. By using our Service You acknowledge and agree that OwnShelf is not responsible for any failure of the Service to store, transfer or delete Content or for the corruption or loss of any data, information or content contained.

Your Responsibilities

You are solely responsible for your conduct, the content of your Content, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

The Services provide features that allow you to share your Content with others or to make it public. There are many things that users may do with your Content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. OwnShelf has no responsibility for that activity.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that OwnShelf has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of Content, user posts, or any other information you may be able to access using the Services.

Ebooks and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not OwnShelf, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not OwnShelf, are responsible for maintaining and protecting all of your Content. OwnShelf will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your data.

OwnShelf respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our Notice and Take Down policy below. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

You will refrain from: (i) posting or displaying content that is offensive, degrading, indecent, libelous, obscene, pornographic or otherwise objectionable to others or that violates the privacy, intellectual property or other rights of third parties or is in violation of legislation or regulation, including international treaties – in particular content containing material that is protected by intellectual property rights, without the written consent of the owner of such rights, other than that which is  permitted legally; (ii) impersonating any person or entity, or forge or manipulate headers to disguise the origin of content; (iii) jeopardizing yourself or any third party in any way by using the Services; (iv) engaging in any activity that, directly or indirectly, interferes with or disrupts the Services; (v) harvesting or otherwise collecting data about others, including email addresses, without their consent; (vi) interact with other users of the Services in contravention of these T&C or in an unlawful manner. You must take all necessary measures to protect your devices from viruses, worms and other harmful content.

You accept that you may be exposed to Third Party Content that is offensive, indecent or otherwise objectionable. Third Party Content may also contain material that violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Third Party Content and we cannot review or verify whether the Third Party Content is accurate, useful or harmless. Should you come across Third Party Content which violates any applicable law or regulation (including intellectual property, privacy laws and regulations), please follow the Notice-and-take-down Procedure as well.

Privacy

Ownshelf reserves the right to investigate and/or remove, without warning, any Files from its servers or block You from accessing the Website or Service, when Ownshelf finds, at their own discretion, or receives substantiated and valid complaints, that You violate these Terms including the Privacy and/or NTD Policy) or act in violation of any applicable law or regulation. Ownshelf reserves the right to disclose Files in so far necessary (i) to defend itself in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defence, public security or public health and v) to uphold our Terms.

Ads and links

The advertisements, including photography, graphic design, typography, portraits and logos, as well as trade marks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the advertisements or part of the advertisements in any way without the permission of the rights holder. Ownshelf is not responsible or liable for (i) the contents of advertisements, (ii) in-ad links to advertisers or third party websites or (iii) the contents, products or services offered on advertisers or third party websites. You accept that all use outside the Website is at your own risk.

Indemnity and Liability

You will defend, indemnify and hold harmless Ownshelf, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Ownshelf.com for the intentional and/or deliberate recklessness of themselves (“their own acts”) and or the management.

Ownshelf provides its Service “AS-IS,” without warranty of any kind. Without limiting the foregoing, Ownshelf explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Ownshelf makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Ownshelf is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

 

 PRIVACY POLICY

By using our Services you provide us with information, files, and folders that you submit to OwnShelf. You retain full ownership to your content. We don’t claim any ownership to any of it. These Terms and Policies do not grant us any rights to your Content or intellectual property except for the limited rights that are needed to run the Services, as explained here.

We may need your permission to do things you ask us to do with your Content, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example our internet host, which provides our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

This Privacy Policy governs the manner in which OwnShelf collects, uses, maintains and discloses information collected from users of Ownshelf. This privacy policy applies to the Site and all products and services offered by OwnShelf.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place,  and in connection with other activities, services, features or resources we make available on our Site. For example your data and storage consumption.  Users may be asked for, as appropriate, name, email address, phone number, social network login. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

When you log in using a social network, your social graph will see and be seen as part of your Friend list, and any and all Files will be visible and accessible to your Friends.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

OwnShelf collects and uses Users personal information for the following purposes: – To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you. – To improve customer service Your information helps us to more effectively respond to your customer service requests and support needs. – To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

OwnShelf processes personal data for the purpose of (i) operating the Service and/or Website and (ii) to cooperate with law enforcement and NTD Reports.  We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. To evaluative the use of our Website and Service as well as for statistical purposes, only anonymised data shall be used.

Security

We take appropriate technical and organizational measures to protect your personal data against loss or other forms of unlawful processing. For technical and operational reasons, personal data can be transferred through servers in the United States or other countries outside the European Union, where the European data protection rules are not applicable. Privacy regulations outside the EU might not provide the same high level of protection. By using our Service and/or Website You acknowledge and agree that Ownshelf transfers your personal data through servers that are possibly outside the EU.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Compliance with children’s online privacy protection

You are only allowed to use our Website and/or Service when of or over the age of 13 years.

Changes to this privacy policy

OwnShelf has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Rights

You can request to access your personal data and you can verify/correct their accuracy. You can also request the removal of your personal data. Upon verification of your identity, we will rectify, erase or block your personal data, if these data are incorrect or if you no longer want us to process these data. Due to the requested removal, it is however possible that we cannot ensure the provision of (part of) our Services.

 

NTD