Our Terms of Service lay out the rules we use to govern the intellectual property on this site. Essentially, this is a contractual agreement between Shift and you, the user of this site and its services. Read the information below to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.
ACCEPTANCE OF THE TERMS OF SERVICE
By accessing, browsing, or otherwise using the Shift.is website (the “Service”) you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
DESCRIPTION OF THE SERVICE
General Description.
The Service is a personal and social transformation-focused website. Through the Service you are able to read and republish content found on this website. If content will be republished it must have a courtesy link back to the original article from which it was sourced.
Age.
In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Shift will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify us of any concerns in this regard.
Right to Modify Service.
Shift reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by Shift or by a member) for any reason, without prior notice or liability.
Changes to these Terms of Service.
Shift reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on Shift. If we make changes, we will post them and will indicate the Terms of Service effective date. Your continued use of the Service indicates your acceptance of the current Terms of Service.
MEMBER CONDUCT
Conditions of Use.
As a condition of use, you agree to all of the following:
You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes without permission from the Service first.
As a condition of registering with the Service, you are required to select a username (“Username”) and password. While Shift will keep your Username and password confidential in accordance with its Privacy Policy, you are responsible for maintaining the confidentiality of your Username and password.
You are responsible for all activity that occurs under your Username.
You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username.
You must not harass, threaten, impersonate, or intimidate other Shift members.
You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content.
You must not create multiple member accounts with the intention of artificially inflating upvotes or exploiting other features in the Service.
You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant Shift all of the license grants granted herein.
You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
Shift reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of Shift at any time, for any or no reason, without prior notice or warning, and without liability.
CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share your own pictures, text, or other content (“Content”) with members of the Service by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service. Content is not necessarily reviewed by Shift prior to posting and does not necessarily reflect the opinions or policies of Shift. Shift makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other members.
License Grants.
When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant Shift a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
Links to Other Sites and Resources.
Shift has no control over such external sites and resources. You agree that (i) Shift is not responsible for the availability or accuracy of such external sites and resources, and (ii) Shift does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate Member-Submitted Content.
Shift prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) Shift is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. By accepting the Terms of Service, you agree to be bound by our Copyright Policy.
PRIVACY POLICY
Shift takes the privacy of its members very seriously. Our Privacy Policy is available here. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.
INDEMNITY
By accepting the Terms of Service, you agree to indemnify and hold Shift and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), and/or your violation of any rights of another.
WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY SHIFT.IS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHIFT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SHIFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHIFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
YOU AGREE THAT SHIFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION
Shift reserves the right to terminate your Shift membership immediately, without prior notice or liability, for any reason. If Shift terminates your membership, your right to use the Service will immediately cease. You can terminate your Shift membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
MISCELLANEOUS
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shift without restriction.
Entire Agreement.
The Terms of Service, including Shift’s Copyright Policy and Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and Shift and governs your use of the Service, superseding any prior agreements between you and Shift.
Governing Laws.
The Terms of Service will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Contact Information.
Please send any questions or comments, or report any Terms of Service violations, to us by filling out the form here.
