Last updated: August 01, 2024
These Terms of Service (together with StackShare’s Privacy Policy https://stackshare.io/privacy and DMCA Copyright Policy below, the "Terms") govern your access to and use of the services, websites, content and applications offered by StackShare (the "Service(s)"), operated by FOSSA, Inc. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By creating an account on the Service, or by accessing or using the Service, you agree to be bound by these Terms.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. These Terms do not apply to any enterprise services previously provided by StackShare.
You may use the Service only if you are at least eighteen (18) years old and 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; require payment for continued use of the Service; or create usage limits and additional restrictions for the Service at any time.
If you wish to terminate your Account, you may do so by following the instructions available through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, your licenses to us and users of your Content, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
"Content" means any information, text, scripts, code, commands, comments, posts, photographs, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of your original Content and responsibility for all Content that you submit, post, display, or otherwise make available on the Service.
By submitting, posting, displaying, or otherwise making available Content on or through the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and fully paid (with the right to transfer and sublicense) to host, use, copy, reproduce, process, adapt, publicly perform, modify, translate, create derivative works of, publish, transmit, display, distribute, and otherwise fully exploit such Content in any and all media or distribution methods (now known or later developed). Without limiting the foregoing, 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.
You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership in your Content, including the right to grant additional licenses to your Content, unless otherwise agreed in writing.
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.
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.
Additionally, by uploading Content to the Service, 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 or proprietary 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; (g) is unlawful, obscene, pornographic, or for an illegal or unauthorized purpose; and/or (h) 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 Service, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You give us permission to show your username, profile picture, and information about your actions on the Service or relationships with us and other users on the Service, without any compensation to you, regardless of any proximity to advertisements on the Service. For example, we may show that you liked a Content submission by another user.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Re-posting, publicly displaying and performing, and distributing third party User Content is additionally subject to the following restrictions: (i) you are responsible for ensuring that the user who created the content has not explicitly marked the content as not for reproduction; (ii) you may not modify the Content; (iii) you must attribute StackShare as the source publication for such Content 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 Content; (iv) upon request, either by StackShare or a user, remove the user's name from Content which the user has subsequently made anonymous; (v) 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 (vi) 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 and until otherwise directed by StackShare. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by StackShare or FOSSA, Inc., or any other StackShare user, without the separate, express prior written permission of StackShare or the StackShare user, as applicable.
If you operate a search engine or robot, or you republish a significant fraction of all Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
The Services may contain Content specifically provided by us, our partners or our users and such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, licenses and restrictions contained in any Content accessed through the Services.
Subject to compliance with these Terms, and subject to the previous sentence, we grant each user of the Services a personal, limited, worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) StackShare Content published on the Services solely for purposes of using the Services for your own personal purposes while your account in active on the Services, or until otherwise notified by us (on the Services or otherwise). Use, reproduction, modification, distribution or storage of any such Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any StackShare Content for commercial use or in any way that violates any third party right.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We have no obligation to monitor the Content posted via the Service, however, at our sole discretion we may elect to do so. 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 or FOSSA, Inc. 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 access to and 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 or users 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; and/or (v) protect the rights, property or safety of StackShare, its users, FOSSA, Inc. and the public.
StackShare may offer various forums where you can post your observations and comments on designated topics. By offering this feature, StackShare is merely acting as an intermediary and is not responsible and shall not be liable for such communications. Please note that ideas you post and information you share may be seen and used by other users, and StackShare cannot guarantee that other users will not use the ideas and information that you share on the Services. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the public forums of the Services. Please refer to our DMCA Copyright Policy below for more information regarding how we treat infringing content. STACKSHARE IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY STACKSHARE COMMUNITY FORUMS.
We reserve all rights not expressly granted to you.
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, tamper with, or otherwise interfere with non-public areas of the Service, StackShare's or FOSSA, Inc.’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 as enabled through the functionality of the Service for the same is permissible in accordance with these Terms, but framing, linking, mirroring, data mining, or 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; (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; (ix) impersonate any other user; (x) modify, translate, create derivative works of, decompile, disassemble, or reverse engineer (except where to the extent such prohibition violates applicable law) any products, components, APIs, software, technology, Services or Content or other materials provided by StackShare; (xi) remove any copyright, trademark or other proprietary notices from any portion of the Services; (xii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by StackShare; or (xiii) access or use the Service or any Content to create or assist in the creation of a product, service or other offering the competes with 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).
All right, title, and interest in and to the Service (excluding unique 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 during and after the term of these Terms, we, FOSSA, Inc. and our successors in interest to the same will be free to use and freely exercise and exploit such feedback, comments or suggestions as we see fit and without any obligation to you. We are under no obligation to keep such feedback, comments or suggestions confidential.
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 or suspected to be infringing or otherwise illegal or in violation of these Terms 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.
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 and its subprocessors.
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.
The Services, related websites and Content, and anything else provided by StackShare or FOSSA, Inc. in connection therewith is provided "AS IS” and “AS AVAILABLE” and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE , FOSSA, INC., AND OUR LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE, AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS STACKSHARE.IO, FOSSA, INC., THEIR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, COSTS, DAMAGES, LIABILITIES, LOSSES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF (A) YOUR USE OF THE SERVICE, STACKSHARE WEBSITES, OR ANY CONTENT; (B) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT OR VIOLATION OF AN INTELLECTUAL PROPERTY, PROPRIETARY OR PRIVACY RIGHT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED OR USED IN CONNECTION WITH THE SERVICE; (C) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU; OR (D) YOUR BREACH OF THESE TERMS (EACH, A “CLAIM”). 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. YOU WILL COOPERATE AS REQUESTED BY US IN THE DEFENSE OF THE CLAIM AND SHALL NOT SETTLEMENT ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or Content (including unlawful or objectionable Content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
OUR (TOGETHER WITH FOSSA, INC. AND OUR LICENSORS) RESPONSIBILITY AND LIABILITY FOR ANYTHING THAT HAPPENS ON THE SERVICE OR RELATING TO THESE TERMS IS LIMITED AS MUCH AS THE LAW WILL ALLOW. IF THERE IS AN ISSUE WITH OUR SERVICE, WE CAN'T KNOW WHAT ALL THE POSSIBLE IMPACTS MIGHT BE. YOU AGREE THAT WE, FOSSA, INC. AND OUR LICENSORS, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF WE OR THEY KNOW THEY ARE POSSIBLE. THIS INCLUDES WHEN WE DELETE YOUR CONTENT, INFORMATION, OR ACCOUNT. OUR (TOGETHER WITH FOSSA, INC. AND OUR LICENSORS) AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the Service ("claim(s)") must be resolved by binding arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in any competent court: disputes related to intellectual property (like copyrights and trademarks), your violation of our policies, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Service account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to us at the address below. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Service account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration; provided that the foregoing shall not limit our right to seek emergency equitable relief in any competent court.
The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
StackShare does not permit copyright-infringing activities and infringement of intellectual property rights on the Services, and pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”), StackShare will remove user Content if properly notified that such user Content infringes on or violates another's intellectual property rights (please refer to our DMCA Copyright Policy below). StackShare reserves the right to remove user Content without prior notice.
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 mutually executed 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 or delay 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.
We may revise these Terms from time to time in our discretion. 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 materially adverse to you, 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.
We shall not be liable for any failure or delay in performing our obligations hereunder where such failure or delay results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Our past, present, and future affiliates and agents, including FOSSA, Inc., can invoke our rights under these Terms in the event they become involved in a dispute. Otherwise, these Terms do not give rights to any third parties. You cannot transfer or assign your rights or obligations under these Terms without our consent. Our rights and obligations can be freely assigned and transferred to others. For example, this could occur if our ownership changes (as in a merger, acquisition, reorganization, or sale of assets) or by law.
You understand and acknowledge that the software elements of the Service and certain Content may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations.
The software elements of the Services have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (i) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (ii) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by StackShare (operated by FOSSA, Inc.). If you have a question or complaint regarding the Service, please contact StackShare’s Customer Services at FOSSA, Inc., Attn: Privacy 114 Sansome St, Suite 210 San Francisco, CA 94104. If you have questions about these Terms, please contact us at privacy@fossa.com.
StackShare, operated by FOSSA, Inc. (“StackShare”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through StackShare websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Please contact the Designated Agent to Receive Notification of Claimed Infringement for StackShare at privacy@fossa.com or at:
Dave Bortz, Designated Copyright Agent
FOSSA, Inc.
(415) 967-2918