StackShare Terms of Service


Last updated: June 19th, 2020


These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by StackShare (the "Service"), operated by StackShare, Inc. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

Users of StackShare Enterprise (the “Private Service”) are bound by the Terms outlined in the section titled “Use of the Private Service” when contributing private content and data, and are bound by the Terms below when contributing public data and content.

Use of the Service

You may use the Service only if you can form a binding contract with StackShare, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

User Content

"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

Your License to StackShare

By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for other users of the Service to modify your Content, and for StackShare to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by StackShare or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant StackShare the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. StackShare reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

StackShare's Licenses to You

Subject to these Terms, StackShare gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on StackShare anywhere on the rest of the web, provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute StackShare by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on StackShare.io on every page that contains StackShare content; (c) upon request, either by StackShare or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by StackShare or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on StackShare.io; and (e) upon request, either by StackShare or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on StackShare.io.

You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by StackShare, or any StackShare user of you or your use of the work, without the separate, express prior written permission of StackShare or the StackShare user.

If you operate a search engine or robot, or you republish a significant fraction of all StackShare Content (as we may determine in our reasonable discretion), you must additionally follow these rules:

  • You must use a descriptive user agent header.
  • You must follow robots.txt at all times.
  • You must make it clear how to contact you, either in your user agent string, or on your website if you have one.

Subject to these Terms, StackShare gives you a personal, worldwide, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by StackShare.

Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will StackShare be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. StackShare will not be responsible or liable for any use of your Content by StackShare in accordance with these Terms.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of StackShare, its users and the public.

Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to StackShare" section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, StackShare's computer systems, or the technical delivery systems of StackShare's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by StackShare (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with StackShare (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of StackShare except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

We may make available one or more APIs for interacting with the Service. Your use of any StackShare API is subject to these terms and the StackShare API Rules, which will be posted before we make these APIs available (as part of these Terms).

Proprietary Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of StackShare and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the StackShare name or any of the StackShare trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by StackShare on the Service are subject to change. In consideration for StackShare granting you access to and use of the Service, you agree that StackShare and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, StackShare will also terminate a user's account if the user is determined to be a repeat infringer.

Privacy

StackShare values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by StackShare.

Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by StackShare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS STACKSHARE.IO ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF (A) YOUR USE OF THE SERVICE, (B) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (C) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (D) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE. STACKSHARE.IO RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
General Terms

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

These Terms are the entire and exclusive agreement between StackShare and you regarding the Service (excluding any services for which you have a separate agreement with StackShare that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between StackShare and you regarding the Service.

The failure of StackShare to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

The Service is operated and provided by StackShare, Inc., 590 6th St, Apt 212, San Francisco, CA 94103. If you have questions about these Terms, please contact us at privacy@stackshare.io.

Use of the Private Service

You may use the Private Service only if you can form a binding contract with StackShare, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Data Privacy

When using a paid tier of the Private Service:

  1. You own your data
  2. Your data is not used for advertising purposes
  3. Your private data is not visible to any other StackShare user that you have not explicitly allowed access to; StackShare employees and contractors do, on a one-off request basis have the ability to access your private data with your consent to troubleshoot or provide support
  4. StackShare does not sell/share your private data for any financial gain to any parties other than you (e.g. when providing the StackShare Enterprise API)
  5. StackShare uses third party providers (full list available inPrivacy Policy) in order to provide the Private Service; these third parties do have access to your data

You will retain ownership of any data, information or material originated by you that you transmit through the Private Service ("User Content") – for example, User Content from your accounts with third party services (e.g., GitHub, GitLab, Bitbucket, etc) that passes through the Private Service. You shall be solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired and the transmission of User Content outside of the Private Service. You represent and warrant that you have all rights necessary to transmit User Content through the Private Service and to otherwise have User Content used as part of the Private Service or as otherwise contemplated herein

Before sharing User Content with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of User Content and preventing unauthorized access.Customer (not us) bears sole responsibility for adequate security, protection and backup of User Content when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible for what users that you have explicitly granted access to Private Service to or Non-StackShare Products do with User Content.

When using a free tier of the Private Service, your data can be used to provide relevant advertising and can be anonymized to provide aggregated trends data publicly.