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Terms of Service

(Last Modified May 12, 2016)

ContentShelf.com is Shopping Cart Software that enables individuals and organizations to store, sell and share their digital content. Portions of our service are free and we offer paid services as well.

These Rules of the Road ("Terms") and other Policies comprise a legal agreement that governs your access to and use of our services.

Please carefully read Rules of the Road and our other Policies, including our Privacy Policy, before using our services.

Basic Rules of the Road

#1 - Who's Who?

We are ContentShelf.com ("Our", "Ours", "Us", "We"), the owner of this Service ("The Service", "Service", "Services", "System").

You ("You" and "Your") are the Individual or Organization acting as a Buyer, Seller, or Both that uses our service either for free or as a paid subscriber.

By using our service you agree to be bound by these terms.

You may use our service only in compliance with these terms.

You may use our service only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.

#2 - Pricing, Refunds, Cancellations, and Support

Make sure to read and understand our Pricing Terms.

#3 - Content Ownership Rights

You retain full ownership rights to your content. We do not claim any ownership to your content whatsoever. These terms do not grant us rights to your content or intellectual property.

By using our service you are extending us limited rights, which are needed to run our service (hosting your files, delivering them after a sale or for sharing at your direction). These limited rights also extend to our trusted third parties we work with to provide our service, for example Rack Space, which provides our storage space. Again, to be clear, these limited rights are only to provide our service to you.

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 DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement is:

Copyright Agent
Content Shelf
P.O. Box 22682
Knoxville, TN 37933
admin@contentshelf.com

We may remove any content from our service at our discretion.

#4 - Selling and Sharing Your Digital Content

Our service provides features that enable you to sell and share your digital content, which makes it public. There are many things that buyers can do with your content including copying it, modifying it, sharing it. Please consider carefully what you are doing as we do not have any responsibility for your activity.

Note that we do not provide features that "protect" your content from copying, sharing or modification. Those types of features are called Digital Rights Management and are done at the file level. We are the delivery level. We do however understand the value of your content and how theft sucks so we offer a couple of features that hopefully will deter theft. These deterrents include PDF Protection, Audio/Video Streaming, One at a Time Dashboard Access, Time Limit Access, and Dashboard Access Tracking. Again we do not guarantee that these deterrents will protect your content.

Content that is purchased and delivered within our user dashboard may not be shared or sold by the buyer of said content unless authorized by the seller of said content.

#5 - Your Basic Responsibilities

Respect the intellectual property rights of others. Do not store, sell, share, copy, upload, download, or view content unless you have the legal right to do so. You, not us, will be fully responsible and liable for your content and actions while using our service. If you are not the legal owner of the content do not use our service to store, sell, or share said content.

You, and not us, are responsible for maintaining and protecting all of your content. We will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

By signing up and using our service you are representing to us that you are over 18.

You are responsible for safeguarding the login information that you use to access our service and you agree not to disclose your password to any third party. You are responsible for any activity with your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

You acknowledge that if you wish to protect your transmission of data or files to us, it is your responsibility to use a secure encrypted connection to communicate with our service.

Make sure to read and understand our commitment to your security by reading our Security Overview.

Make sure to read and understand our Acceptable Use Policy.

#6 - Our Property

Use of our service will require you to access our service via an Internet connection. We hereby grant you a limited nonexclusive, nontransferable, revocable license to use our service. Your license to use our service will be automatically revoked should you violate our Rules of the Road and/or other policies.

We hereby reserve all rights not expressly granted in these terms.

You must not reverse engineer our service or attempt to do so, nor assist anyone else to do so.

The services may continue to change over time. As we create new features or update existing ones, these new features and updates will automatically update within your account.

These terms do not grant you any right, title, or interest in our service or the content being hosted within our service.

While we appreciate feedback you send us be aware that we may use your feedback in communications.

The technology we use to provide our service, are protected by copyright, trademark, and other laws of both the United States and foreign countries. These terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

We may stop, suspend, or modify the service at any time without prior notice to you.

#7 - Service Available "AS-IS" and Limitation of Liability

Our service is provided "AS IS", at your own risk, without express or implied warranty or condition of any kind. We disclaim an warranties of merchantability, fitness for a particular purpose or non-infringement.

We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our service.

To the fullest extent permitted by law, in no event will we, our affiliates, officers, employees, agents, suppliers or licensors be liable for A) any direct, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and if a remedy fails of its essential purpose; B) aggregate liability for all claims relating to our service more than the great of $30 or the amounts paid by you to us for the last 2 months of our service.

#8 - Termination

We reserve the right to suspend or end your use of our service at any time, with or without cause, and with or without notice. Notification of termination will be sent to the account email address and for non-flagrant violations we will provide 24 hours notice so you can retrieve your content. If you are violating our terms in a flagrant manner, as decided by us, we will terminate your account without notice and without the ability to retrieve content.

#9 - Modification of our Rules of the Road and other Policies

From time to time we may revise our Rules of the Road. The most current version will always be posted here.

At our sole discretion we may choose to notify you by email, if the revision warrants such action.

Please make sure to regularly check back and review our policies.

By continuing to access or use our service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our service.

#10 - Other Legal Stuff Our Attorney Requests You To Read

Tennessee Law will govern these terms and the use of our service. All claims arising out of or relating to our rules of the road and other polices or our service must be litigated exclusively in the Federal or State courts of Knox County, Tennessee, and both parties consent to venue and personal jurisdiction there.

Our Rules of the Road and other policies constitute the entire and exclusive agreement between you and us with respect to our service, and supersede and replace any other agreements, terms and conditions applicable to our service. Our terms create no third party beneficiary rights. If we fail to enforce a particular provision it does not represent a waiver of our right to do so later.

If a provision is found unenforceable the remaining provisions of our terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in our terms, and any such attempt is void, but we may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with our service.

We are not your legal partners or agents; instead, our relationship is that of independent contractors.

Pricing

All packages receive a 30-Day free trial. You will need to provide payment prior to the end of the trial if you wish to keep your account active.

We offer paid services called In-App Purchases. All In-App Purchases are one-time purchases except storage space upgrades. Addiontal Storage Space will increase your monthly service fee.

We offer a 15% discount on paid services for Non-Profit Organizations, Military Members and their Families, as well as Students. Proof is required for these discounts.

Your account will continue in effect unless and until you cancel it or we suspend/flag it.

How Billing Works

We accept Visa, MasterCard, Discover and American Express as payment for our services.

Charges will appear on your credit card statement as ContentShelf.com.

Authorization

By submitting your online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that you have read the terms of service; that you agree and accept the terms of service; that you authorize us to charge your credit card account for our services.

Monthly Recurring Fees

If you are a premium subscriber we will charge the credit card you provide on a monthly basis based on the day that services start. For example, if paid services start on the 7th of the month our system will charge your card on the 7th of each month.

We do not provide payment receipts for recurring charges. Our dashboard will provide the medium to view and print all of your payment receipts.

All monthly recurring fees are pre-paid. This means that you are pre-paying for our service.

Service Package Upgrades

If you wish to upgrade your service package your new payment total will be adjusted and your card on file will be charged on your next renewal date.

Storage Space Upgrades

If you decide to upgrade the amount of storage space associated with your account we'll add the cost of the upgrade to your next monthly recurring charge.

For example, if your account was started on the 7th of the month and you added additional services on the 25th, your next charge date of the 7th will be charged the new amount. Each additional month afterwards you will be charged the new price until you downgrade or cancel services.

Service Package Downgrades

If you choose to downgrade your service package feel free to do so at any time. You'll need to make sure that the space that you are using is reduced in size as well as our system will not permit downgrades of your storage capacity is above the package you are downgrading to.

If you decide to downgrade your service package your payment total will be adjusted and your card on file will be charged on your next renewal date.

Storage Space Downgrades

If you wish to downgrade your storage space please submit a support ticket requesting the downgrade. Your request will be reviewed and either granted or denied based on the space your account content occupies. Once granted your monthly recurring fee will be reduced as well.

If you decide to downgrade the amount of storage associated with your account we'll deduct the cost from your next monthly recurring charge.

In-App Purchases

Any In-App Purchases will be immediately billed to the credit card you supply.

We do not provide payment receipts for In-App Purchases. Our dashboard will provide the medium to view and print all of your payment receipts.

Reasonable Bandwidth Usage

We consider reasonable bandwidth usage to be up to 100GB of outbound traffic per billing cycle per account.

Accounts that exceed 100GB of bandwidth per billing cycle will be charged $.15 cents per GB after the first 100GB to the card on file.

An email notification will be sent when 50% of this thresh hold has been reached.

There is no charge for inbound bandwidth

Refunds

NO REFUNDS. ALL SALES ARE FINAL. NO EXCEPTIONS.

Our no refund policy extends to all services we offer including but not limited to un-used portions of service.

Canceling Your Account

We do not accept cancellations by phone, random emails or from our contact form on our public facing web site.

To cancel service we'll need for you to login to your account and create a support ticket. Because our support ticket system is automated your account will be cancelled on the spot. All recurring billing will stop, all content will be purged, and all settings will be deleted.

You'll want to cancel your account prior to renewal to avoid renewal fees.

Buyers that have paid for content will no longer be able to view/download your content.

Account Suspensions & Cancellations

If your account is not working properly and you did not cancel your account it will be due to one of the reasons below.

Non-Payment

If the credit card on file is declined the following will happen:

  • Account Status is changed to Suspended
  • An email will be sent to remind you to update your payment information
  • On day three access to content will be suspended (buyers can't download their stuff)
  • At thirty days all account content and settings are purged
  • Account Status is changed to dormant

Once content and settings are purged they are gone forever.

End of Free Trial

If payment information is not provided prior to the expiration of the Free Trial the following will happen:

  • All account content and settings are purged
  • Account Status is changed to dormant

Once content and settings are purged they are gone forever.

No Activity ([Legacy] Lite Accounts Only)

We define No Activity as:

  • No Orders
  • No Downloads
  • No Dashboard Access

If your account is not active for 30 consecutive days in a row the following will happen:

  • On day thirty an email notification is sent
  • On day thirty three if there is still no activity all account content and settings are purged and the account status is changed to dormant

Once content and settings are purged they are gone forever.

Skimming

Skimming is the act of using Free Trials as the basis for doing business with us. A "skimmer" will set up an account, use the service during the free trial, and then either cancel before the first pay period begins or let the account expire. The "skimmer" then sets up another account, using a different email/location/etc. to avoid payment.

If your account is flagged as skimming the following will happen:

  • All account content and settings are purged
  • You will no longer be permitted to hold an account with us

Charge Backs

Charge backs occur when you call your credit card company and tell them our charge is not valid. We would hope that before you intentionally charge back to us you would contact us so that we can work out any issues. If you charge back we not only lose our fee we are also charged a charge back fee. If a charge back occurs the following will happen:

  • Account Status is changed to Suspended and access to content will be immediately suspended (buyers can't download their stuff)
  • We'll contact you to make sure it is not a mistake (If it's a mistake we ask that you cancel the charge back and compensate us for the fee)
  • If this is not a mistake or we cannot reach you within a reasonable time period all account content and settings are purged
  • You will no longer be permitted to hold an account with us

Fraud & Abuse

Although fraud and abuse can be many things, if we think you are committing any type of fraud or abusing the public or us, the following will happen:

  • Account Status is changed to Suspended and access to content will be immediately suspended (buyers can't download their stuff)
  • We'll contact you to discuss the issue and come to a resolution
  • If we cannot resolve or we cannot reach you within a reasonable time period all account content and settings are purged
  • You will no longer be permitted to hold an account with us

Re-Opening Your Account

If at any time you wish to re-open your account just login and start using your account. It will always be ready to use unless you are not permitted to hold an account with us.

Support Boundaries

Seller Support

Seller support is available at no charge by phone, support ticket, self serve articles, and on-page tutorials. Support covers system interface, functionality, and access questions. Paid support is available for issues outside of our system including file issues, web site issues, service upgrades.

Buyer Support

Buyer support is available at no charge by email, contact form, self serve articles, and on-page tutorials. Support covers system interface and access questions.

Security Overview

We provide this overview so that you can understand the security measures we have put in place to protect the information that you upload to our service.

Storage

We use Rackspace Cloud File Private Containers for data storage. With private containers, all traffic between our service and Cloud Files uses SSL to establish a secure, encrypted channel. This ensures that any data (usernames, passwords, and content) cannot be intercepted and read by a third party.

According to Rackspace, they employ triple strength security including physical security, operational security, and system security.

You can find more information about Rackspace's security at the their web site.

Limited Access

We take your privacy very serious. We protect your privacy to the best of our ability and work hard to protect your information from unauthorized access.

Content Shelf employees, contractors, and any third parties we may contract with for services are prohibited from viewing content files you store with us. We do however have a small number of support personnel who are permitted to access data for the reasons we outline in our Privacy Policy.

Third Party Apps

If you choose to use any of the third party applications that are integrated with our service (ie.. payment processors, email marketing providers, etc...), be aware that those applications utilize their own security protocols and have their own privacy policies.

If you are not comfortable with the privacy and security features of those applications, you should not use them.

Compliance with Laws

In compliance with the laws of the United States, we cooperate with law enforcement when we receive a valid legal request. This process may require us to provide the contents of your account. The best way to avoid this situation is to follow our Rules of the Road and don't use your account for anything that may violate any laws.

Payments

We follow generally accepted standards to protect the information you submit to us.

Although we never store credit card information our service is PCI Compliant. We also use state of the art 256bit encryption services (ssl) so that your data cannot be seen through transmission.

Security Concerns

While we are very confident in our service and it's security, we recognize that no system can guarantee data security with 100% certainty. For that reason we will continue make sure that our security measures, and vendors that we do business with, are state of the art and we'll investigate any and all reported security issues arising from the use of our service.

If you have a security concern let us know - help@contentshelf.com

Acceptable Use Policy

We trust you to use our services responsibly. You agree not to do the following:

  • Upload, download, store, sell, share, display, stream, distribute, email, link to or transmit content that is protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents.
  • Store, sell, or share content that is unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred.
  • Store, sell, or share content that contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, worms, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs.
  • Store, sell, or share lists, containing any personal or any other identifying information without the express contractual rights to provide such information.
  • Sell or distribute firearms, explosives, ammunition, liquor, tobacco products, illegal gambling, illicit drugs, pharmaceuticals and controlled substances.
  • Sell or distribute counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy.
  • Sell or distribute registered or unregistered securities.
  • Sell or distribute goods or services that you cannot legally sell, goods which are misrepresented or which do not in fact exist, fraudulent goods or services.
  • Sell or distribute goods or services that if sold by our service would cause us to violate any law, statute or regulation.
  • Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party.
  • Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights of any person or organization using our service.
  • Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (spamming) or multi-level or illegal marketing campaigns.
  • Facilitate the harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties.
  • Restrict or inhibit any other user from using and enjoying such user's rights to use our service.
  • Probe, scan, or test the vulnerability of any system or network.
  • Breach or otherwise circumvent any security or authentication measures.
  • Access, tamper with, use non-public areas you have not been invited to use.
  • Access or search our service by any means other than our publicly supported interfaces. No scraping.
  • Violate any applicable government laws, rules or regulations.
  • Interfere with or disrupt our service, our service providers' servers or any network connected to our service.
  • Use a trade name or other descriptive term in connection with operating your account or web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to your identity. No spoofing or phishing.
  • Abuse our referral system to get more credit for referrals than you deserve.
DMCA Notification

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office web site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the our service and/or the our web site if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, at our sole discretion, we deem appropriate, including removal of the challenged content from our web site and service.

DMCA Notice of Alleged Infringement

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:
A) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
B) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent
Content Shelf
P.O. Box 22682
Knoxville, TN 37933
admin@contentshelf.com

DMCA Counter Notification

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

To file a counter notification with us you must provide written communication that follows the example Counter Notification below.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content passing through our system is not infringing the copyright of another.

If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

DMCA Infringement Counter Notice

1) Identify the copyrighted work that has been removed, blocked or disabled from our system.

2) Provide your account number, mailing address, telephone number, and if available, email address.

3) Include the following statement in the body of the Notice: "I hereby state that under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright and that the material above was removed, blocked, or disabled as a result of a mistake or misidentification.

4) Provide your full legal name and your electronic or physical signature.

Deliver this Counter Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent
Content Shelf
P.O. Box 22682
Knoxville, TN 37933
admin@contentshelf.com

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