Terms of Service

Terms 

 

By using the website at sharuku.com (the “Site”) or clicking accept or agree to the Terms of Service, including any content, functionality and services offered on or through the Site, you are agreeing to be bound by these Terms of Service (these “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. Please read these Terms carefully before you start to use the Site. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS, USE AND/OR LOG INTO THE SITE. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. 

 

The materials contained in this website are protected by applicable copyright and trademark law. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Sharuku and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, use and/or log into this Site.  

 

Changes to the Terms of Service 

 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

 

Privacy 

 

Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Service. 

 

Use License

  1. Subject to these Terms, Sharuku (“Sharuku”, “we”, or “us”) grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your use as authorized by Sharuku or direct agent thereof. 

  2. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not transfer the materials to another person or "mirror" the materials on any other server (d) you shall not access the Site in order to build a similar or competitive website; and (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. 

  3. We reserve the right to change, suspend, or cease the Site with or without notice to you. You approve that we will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

  4. You agree that we will have no obligation to provide you with any support in connection with the Site. 

  5. Excluding any User Content (as defined below) that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Sharuku or our suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in "User Content", Sharuku and our suppliers reserve all rights not granted in these Terms. 

 

User Content 

"User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Sharuku. Because you alone are responsible for your User Content, you may expose yourself to liability. Sharuku is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. 

The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. 

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site. 

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities. 

If you provide us with any feedback or suggestions regarding the Site, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner we believe appropriate. Sharuku will treat any feedback you provide as non-confidential and non-proprietary. 

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Sharuku will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. 

You hereby release and forever discharge Sharuku and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Therefore, you hereby assume the risks and agree that this agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described.  

Templates and Forms 

Sharuku provides various templates and/or forms for download and/or sale on this Site. Sharuku grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.  

By ordering or downloading templates and/or forms, you agree that the templates and/or forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Sharuku.  

Digital Millennium Copyright Act Policy

Sharuku respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we will respond claims of copyright infringement committed on the Site, if those claims are reported to us as required below. Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. 

If you are a copyright owner, authorized agent of a copyright owner, or authorized to act under any exclusive right under copyright, please report the alleged copyright infringement committed on or through the Site by providing the following information to Sharuku. Upon receipt of such information as described below, we will take whatever action, in our sole discretion, we deem appropriate, including the removal of the alleged infringing content from the Site.  

Required Information for Notice of Alleged Infringement: 

  • Identify the copyrighted work that has been infringed, or, if multiple works are covered in this notice, you may provide a representative list of such works. 

  • Identify the material that is alleged to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sharuku to locate the material.  

  • Provide a statement that:  

    • You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, an agent thereof, or the law. 

    • The information in the notice is accurate, and a statement under penalty of perjury ,that you are the copyright owner or authorized agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed.  

  • Provide sufficient contact information (mailing address, email address, phone number). 

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

If you believe that you are the wrongful subject of a DMCA notification, you may file a counter-notification with Sharuku by providing the following information: 

Required Information for DMCA Counter-Notification 

  • Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.  

  • Provide a statement that: 

    • You consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address if outside of the United States, any jurisdiction in which you may properly be served, and that you will accept service of process from the person who filed the original DMCA notice or an agent thereof. 

    • “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” 

  • Provide sufficient contact information (mailing address, email address, phone number). 

  • Provide your full legal name and your electronic signature.
     

These notices can be provided to us at: 
 

Sharuku 

contact@sharuku.com

Disclaimer 

  1. The site is provided on an "as-is" and "as available" basis, and Sharuku and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. 

  2. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

  3. Further, Sharuku does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. 
     

Limitations 

You agree to indemnify and hold Sharuku and its officers, employees, and agents harmless, including costs and attorney’s fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Sharuku reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sharuku. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

Website and Account Access 

We reserve the right to change, suspend, withdraw, amend or cease this Site and any service or material we provide to, on or through the Site in our sole discretion without notice. We will not be liable to you or to any third party if for any reason all or any part of the Site is unavailable at any time or for any period or for any change or termination of the Site or any part thereof. From time to time, we may temporarily or permanently restrict access to some parts of the Site, or the entire Site, to users, including registered users.  

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and any resources downloaded from the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username password or other security information. You agree to notify us immediately of an unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.  

Upon termination of your right to view the Site or any portion thereof, or upon termination of the license granted herein, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

Termination 

Sharuku may suspend or terminate your access to the Site at any time, for any reason or no reason. Sharuku has the right (but not the obligation) to refuse to provide access to the Site to any person or entity at any time and for any reason or no reason, in our sole discretion. Sharuku reserves the right to change, suspend, or discontinue all or any part of the Site without prior notice.  

Accuracy of Materials 

The materials appearing on the Site could include technical, typographical, or photographic errors. Sharuku does not warrant that any of the materials on its website are accurate, complete or current. Sharuku may make changes to the materials contained on its website at any time without notice. However Sharuku does not make any commitment to update the materials. 

Links 

Sharuku has not reviewed all of the sites linked to this Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sharuku of the site. Use of any such linked website is at the user's own risk. 

Electronic Communications 

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

We would be pleased to communicate with you by e-mail, and there may be various places on this Site that provide you the ability to send an electronic communication to us. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. We will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order. 

Modifications 

Sharuku may revise these Terms at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms. 

Governing Law 

These terms and conditions are governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee. 

Severability 

If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect. 

This policy is effective as of January 1 2021. 

CONTACT US               LEGAL INFO

© 2021 Sharuku