IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.
SHIFT may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
SCOPE OF TERMS
OWNERSHIP OF CONTENT
The SHIFT Websites; their past, present and future versions; all pages found within the SHIFT Websites; the material and information on the SHIFT Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the SHIFT Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to SHIFT, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the SHIFT Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
The SHIFT Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without SHIFT express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the SHIFT Websites or the Content contained on or available through the SHIFT Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The SHIFT Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. SHIFT does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by SHIFT and are provided solely for convenience to SHIFT customers and users. SHIFT reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Copyrights Infringement Complaints.
You may not use the SHIFT Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. SHIFT encourages you to report any content on the SHIFT Websites that you believe infringes your copyright.
If you would like to submit a Copyright Infringement Complaint, send your complaint to email@example.com
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the SHIFT Websites are either common-law service marks, trademarks or registered service marks or trademarks of SHIFT Financial Services ltd & UAB, SHIFT Financial Services LT. or its subsidiaries and are protected by trademark laws in the United Kingdom and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the SHIFT Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with SHIFT. Nothing contained on the SHIFT Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the SHIFT Websites. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of SHIFT and its licensors, without prior written permission of SHIFT or such third party who may own the Mark.
For information on use of SHIFT trademarks, please contact us on firstname.lastname@example.org
YOUR USE OF THE WEBSITES
Password Protected Areas.Access to and use of password protected areas of the SHIFT Websites is restricted to authorized users only. You agree that you:
(i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the SHIFT Websites;
(ii) are responsible to maintain, keep current and update any registration data and other information you provide to SHIFT;
(iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account;
(iv) will notify SHIFT immediately of any unauthorized access or use of your account or password or any other breach of security.
You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. SHIFT will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by SHIFT or any other user or visitor to the SHIFT Websites due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit.
SHIFT appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with SHIFT which may be shared with SHIFT on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums. SHIFT is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant SHIFT an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
SHIFT is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. SHIFT reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant SHIFT the rights described herein.
No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that:
(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;
(ii) constitutes unauthorized disclosure of personal or confidential information;
(iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party;
(iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the SHIFT Websites or Online Mediums to:
(i) impersonate an employee or a representative of SHIFT, its divisions and subsidiaries;
(ii) misrepresent your identity or affiliation with a person or entity;
(iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication;
(iv) attempt to gain unauthorized access to any portion or feature of the SHIFT Websites or any other system or networks connected to the SHIFT Website or any other services offered through the SHIFT Websites, and/or other accounts not belonging to you, or violate security of any portion of the SHIFT Websites, by hacking, password mining or any other means;
(v) obtain or attempt to obtain any information, materials or documents not purposely made available through the SHIFT Website or Online Mediums through any means;
(vi) attempt to interfere with the proper working of the SHIFT Websites or any transaction being conducted on the SHIFT Websites or to restrict or inhibit any other user from accessing or using the SHIFT Websites, by means of hacking or defacing any portion of the SHIFT Websites.
LINKING TO SHIFT WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the SHIFT Websites by using a text link and linking to SHIFT Websites homepage. Linking directly to any other webpage or content within the SHIFT Websites is prohibited without SHIFT prior written permission. SHIFT only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the SHIFT Websites; (iii) misrepresent your relationship with SHIFT or otherwise create a false affiliation, connection or association with SHIFT; (iv) imply that SHIFT approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about SHIFT or otherwise damage the goodwill associated with the SHIFT name or trademarks; (v) use SHIFT trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize SHIFT name, trademarks, service marks, colors, logos or any other brand features of SHIFT, nor your relationship with SHIFT for purposes of or in any manner which intentionally gives rise to advertising or publicity without SHIFT prior written permission. As a further condition to being permitted to link to the SHIFT Websites, you agree that SHIFT may at any time, in its sole discretion, terminate permission to link to the SHIFT Websites. In such event, you agree to immediately remove all links to the SHIFT Websites and to cease using any SHIFT trademark. SHIFT reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the SHIFT websites.
Except for the link logos as provided by SHIFT, you may not use the SHIFT corporate logo or any other brand feature to link to SHIFT.
LINKS TO THIRD PARTY WEBSITES
The SHIFT Websites may contain links and references to non- SHIFT websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave SHIFT Websites and access Linked Websites, you do so at your own risk and SHIFT will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. SHIFT has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by SHIFT of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain SHIFT logo, are independent websites, and SHIFT does not control the content on that Linked Website. Additionally, SHIFT is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from SHIFT, by way of reference or link provided on the SHIFT Websites.
DISCLAIMER OF WARRANTIES
Your use of and access to the SHIFT Websites, Online Mediums and Content posted by SHIFT, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Websites, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. SHIFT makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. SHIFT further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website, Online Mediums and/or Content.
LIMITATION OF LIABILITY
You expressly understand and agree that SHIFT and any contributor to the user generated content via Online Mediums (“SHIFT Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes SHIFT and SHIFT Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.
2) to the full extent permitted by law, SHIFT and SHIFT Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if SHIFT and SHIFT Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
3) Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold SHIFT, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and SHIFT Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your SHIFT account or these Terms.