TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of sharedestinations.com (the “Site“) and all related social media, websites, software, mobile apps, and other services that we provide (together, the “Service”). This Service is owned and operated by Techno Code enterprise (hereafter referred to as “Techno Code”, “Share Destinations” “we” or “us”), a sole proprietorship enterprise registered in Quebec, Canada. This Service is a platform to share your experience by pinning and publishing your Instagram post links and the related information and images on the map.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Techno Code, concerning your access to and use of the Service. By registering for or otherwise using or accessing this Service, you agree that you have read and understand these Terms and Conditions and agree to abide by them at all times. If you don’t agree with any part of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue and don’t (and you don’t have our permission to) use any part of the Service immediately.
We will give you advance notice of any scheduled changes to the Service you are currently using. The changes to these Terms and Conditions will come into effect seven (7) days after the notice, unless the changes apply to new functionality, security updates, bug fixes, and a court order, in such cases, the changes will be effective immediately. By continuing to use the Service after the effective date of any changes, you agree your acceptance of the updated terms. If you do not agree with these changes, you have the option to terminate the Service in accordance with the “Cancellation of membership plan” section.
These Terms and Conditions contain a dispute resolution clause that impacts your rights about how to resolve disputes. Please read it carefully.
We recommend that you print a copy of these Terms and Conditions for your records.
TABLE OF CONTENTS
- Our Service
- Age Restriction
- Intellectual Property Rights
- Prohibited Activities
- User Contributions
- Contribution License
- Third-party Websites and Content
- Service Management
- Copyright Infringements
- Term and Termination
- Sale of Goods and Services
- Membership and Subscriptions
- Consumer Protection Law
- Limitation of Liability
- Applicable Law
- Dispute Resolution
- Modifications and Interruptions
- User Data
- Electronic Communications, Transactions, and Signatures
- California Users and Residents
- Contact Us
- Our Service
The information provided when using the Service is not intended for distribution to or use by individuals or entities in any jurisdiction or country where such distribution or use would violate applicable laws or regulations, or which would require us to fulfill registration requirements within such jurisdiction or country. Accordingly, individuals who choose to access the Service from other locations do so on their own initiative and are solely responsible for ensuring compliance with local laws, if and to the extent local laws are applicable.
The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Consequently, if your interactions would be subjected to such laws, you may not use the Service. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
- Age Restriction
The Service is intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Service. We do not assume any legal responsibility for false statements about age.
If your age is 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms and Conditions on its behalf.
- Intellectual Property Rights
(3.A.) Our intellectual property:
We are the owner or the licensee of all intellectual property rights in our Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Service (collectively, the ” Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Canada and around the world.
The Content and Marks are provided in or through the Service “AS IS” for your personal, non-commercial use or internal business purpose only.
(3.B.) Your use of our Service:
Subject to your compliance with these Terms and Conditions, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Service; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or in any way exploited for any commercial purpose whatsoever, without our express prior written permission.
If you want to make any use of the Service, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please forward your request to: firstname.lastname@example.org. If we ever grant you the permission to post, reproduce, or publicly display any part of our Service or Content, you must acknowledge us as the owners or licensors of the Service, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Service, Content, and Marks.
Any violation of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and your right to use our Service will terminate immediately.
(3.C.) Your submissions and contributions
Please review this section and the “Prohibited Activities” section carefully prior to using our Service to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Service.
Submissions: By directly sending us any question, comment, suggestion and recommendation, idea, feedback, or other information about the Service (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Service may invite you to contribute contents to the Service and participate in contests of the Service during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Service, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Service and possibly through third-party websites.
By sending us Submissions and/or submitting or uploading Contributions, such as the post’s location details, Instagram link, web addresses, images, accompanying information, etc., through any part of the Service or making Contributions accessible through the Service by linking your account through the Service to any of your social networking accounts, you:
- grant us an unrestricted, unlimited, irrevocable, non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual right and license to use, copy, reproduce, publish, sell, resell, broadcast, retitle, store, publicly perform, publicly display, distribute, reformat, translate, excerpt (in whole or in part), and exploit your and Contributions for any purpose in section 6 (“Contribution License”), commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media format and through any media channels. This license does not transfer ownership of the Contributions to Techno Code or the Service creators. Users continue to hold all rights to their original content and may use it for other purposes outside the Service. All Contributions published and made available on our Service are the property of Techno Code and the Service creators, unless otherwise indicated. This includes, but is not limited to images, text, links, logos, documents, downloadable files, and anything that contributes to the composition of our Service. However, users retain ownership of their original Contributions, including copyrights.
- confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Service any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution.
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
Any use of the Service in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Service.
- Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of our Service, you agree to use our Service legally, not to use our Service for illegal purposes, and not to:
- Harass or mistreat other users of our Service;
- Violate the rights of other users of our Service;
- Violate the intellectual property rights of the Service owners or any third party to the Service;
- Hack into the account of another user of the Service, attempt to gain unauthorized access to another person’s or business’s account, or otherwise interfere with their use;
- Indicate or post false or misleading information when using the Service, in particular with regard to the origin or source of content you post or upload;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive, harassing, defamatory, threatening, obscene, pornographic, sexual, hateful, violence-glorifying, racist, or in any other way legally objectionable;
- Access our Service by using unauthorized means, including but not limited to, by using an automated device, script, spider, bot, crawler or scraper;
- Duplicate or copy any content from other registered members of the Service, without their or our permission. Any use of the content, even in part, particularly for commercial purposes, requires prior permission from us. Generally, the registered members hold the copyright to their content. Please note that we cannot guarantee that users of the Service will be unable to download the content posted or uploaded by others.
- Create and use an account on the Service with the identity of someone else or any business else, without his/her/its authorization.
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users of the Service, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
- Use any information obtained from the Service in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Service.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
- Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise, unless authorized by us.
If we believe you are using our Service illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Service. We also reserve the right to take any legal steps necessary to prevent you from accessing our Service.
Users can report violations of the these Terms and Conditions by sending an email to email@example.com or through the Contact form available on our Site.
- User Contributions
(5.A.) Our Service allows registered users to post Contributions, including, but not limited to information, images, web addresses, etc., about locations and experiences, and their business, potentially protected by intellectual property rights, respectively copyrights. Users may post and upload the following information and images on our Service:
- Social feeds of users’ business from their Instagram account, and its corresponding information, location, and images; and
- Social feeds of non-business users from their Instagram account, and its corresponding information, location, and images.
We do not assume any responsibility for the information and images users post on our Service. The views and opinions expressed in users’ Contributions are solely those of the individuals or businesses who post them and do not necessarily reflect the views or opinions of Techno Code or its affiliates.
We cannot guarantee the quality or accuracy of Contributions and any information and images posted by users on our Service. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from posting information and images on our Service.
(5.B.) By posting publicly on our Service, you agree not to act illegally or violate these Terms and Conditions.
(5.C.) By posting or uploading Contributions, you warrant that you have the legal entitlement to post or upload the content without infringing upon any intellectual property rights. You understand and respect the privacy rights of individuals in the photos you share and have taken steps to ensure you have the appropriate consent when required. In the event that third parties make claims against us or Techno Code’s affiliated entities regarding these matters, you agree to indemnify us against all costs and claims, including legal fees, for which you are held liable.
(5.D.) You affirm that your Contribution has a valid Instagram post link from your Instagram account, which you registered with on the Site, the image of each post belongs to the relevant Instagram post, the title is relevant to the post, its location is accurate and the selected “location type” is related to the post. For business members only, the “Business website link”, “Business address”, and “Business phone” must be correct, up-to-date, and belong to the business account that the user registered on the Site. We retain the right to review, edit, remove, or restrict your Contributions (posts).
(5.E.) We retain the right to review, edit, remove, or restrict your Contributions while respecting the relevant moral rights. However, we are not obligated to actively review, modify, remove, or restrict Contributions.
(5.F.) You have the option to revoke your license by deleting the Contributions or terminating your account. However, please note that even if you delete the Contributions or your account, it may still exist in backups for a reasonable period of time.
(5.G.) Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms and Conditions.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms and Conditions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
- Contribution License
By posting your Contributions to any part of the Service or making Contributions accessible to the Service by linking your account from the Service to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
To enable us to provide our Service, it is necessary that the Contributions posted or uploaded by you are stored, hosted on servers, made available for retrieval, technically duplicated, displayed, and made publicly accessible and advertised. Therefore, the license grants us the rights to reproduce, distribute, and exhibit the Contributions, the right of recitation, performance, and presentation, the right to make the Contributions available to the public, to broadcast it for all types of reproductions, whether for film, social media, electronic media or online services. The license also includes the right to edit or otherwise modify the Contributions in any way respecting the peculiarity of the Contributions. Furthermore, the license includes the right for us and affiliated Techno Code entities to fully or partially use the Contributions for promotional reasons, to design their platforms, and/or to enhance any communication, also by altering the Contributions titles, images, locations, web addresses, and other accompanied information accordingly.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service. You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
When you create an account on our Site, you agree to the following:
(7.A.) You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account.
(7.B.) All personal information you provide to us through your account is up-to-date, accurate, and truthful and you will update your personal information if it changes.
(7.C.) By using the Service, you affirm that you have never been suspended from it and that your usage of the Service will comply with all applicable laws and regulations. If you are accessing the Service on behalf of a company, organization, or any other entity, you assure us that you have the authority to bind that entity to these Terms and Conditions.
(7.D.) You are the owner or authorized to register in and use the Service by the owner of the Instagram account, which you submit by the “Membership Registration Form”.
(7.E.) If you are a Business user, you are the owner or authorized to register in and use the Service by the owner of the business, which you mentioned when submitting the “Membership Registration Form”.
(7.F.) You can delete your account at any time. You can access the “Delete account” option by navigating to “Manage Account”, “Account”, “Delete account” from the menu.
We reserve the right to suspend or terminate your account if you are using our Service illegally or if you violate these Terms and Conditions.
- Third-party Websites and Content
The Service may contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements, on the maps, or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- Service Management
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
- Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.
- Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Service. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain Internet Protocol (IP) addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the Service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Sale of Goods and Services
(14.A.) These Terms and Conditions govern the sale of services available on our Service.
The following product(s) and service(s) are available on our Site:
(14.B.) These Terms and Conditions apply to all the services that are displayed on our Service at the time you access it. All information, descriptions, or images that we provide about our products and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all products and services we provide. You agree to purchase products and services from our Site at your own risk.
(14.C.) We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
(14.D.) Refund Policy:
Please note that payments for our services are non-refundable. We do not offer refunds for any subscription fees, including monthly or annual payments.
If you wish to discontinue your monthly subscription and stop further payments, you can cancel your subscription at any time. Once you cancel your subscription, you will no longer be billed for future months. However, please be aware that canceling your subscription will not result in a refund for any unused portion of the current subscription period.
To cancel your subscription, please navigate to “Manage Account”, “Shopping account”, “My Subscription”, from the menu and cancel your subscription or contact our support team at firstname.lastname@example.org or through the contact form for assistance.
If you have any questions or concerns about the refund policy or subscription cancellation process, please feel free to reach out to our support team for further clarification.
15. Membership and Subscriptions
(15.A.) To be a member of the Service, you need to register through the “Membership Registration Form” on the Site first. By submitting the “Membership Registration Form”, you affirm that all the submitted information is correct. After submitting the “Membership Registration Form”, you need to verify your Instagram and Email account, to complete your registration. To verify your Instagram account, you need to send your username by direct message from your registered Instagram account on the “Membership Registration Form” to the affiliated Instagram account of the Site, which is “share.destinations”. You must be the owner, or authorized to register in and use the Service by the owner, of the Instagram account that you register with.
To verify your email address, you need to click on the verification link sent from the Site to your registered email on the “Membership Registration Form”.
There are free and paid membership plans for the Service.
(15.B.) Free membership:
We offer the following free membership of our Service: “Regular” membership plan.
(15.C.) Paid membership:
We offer the following paid membership plans of our Service: “Plus”, “Advanced”, and “Business” subscriptions. You need to subscribe to pay and activate any of these paid plans. Your subscription automatically renews every month and you will be automatically billed and charged the subscription fee until you cancel the subscription.
(15.D.) Switching membership plan:
You can switch (upgrade or downgrade) your membership plan to another plan.
(15.D.I.) If you are on the Regular plan (free membership), you can purchase a paid membership subscription plan.
(15.D.II.) If you are on a paid membership subscription plan, you can switch your membership plan to another plan. For this purpose, first, cancel your current subscription plan and become a Regular member, and then, if you want a paid membership plan, purchase a new paid subscription plan at any time. If you cancel your current subscription plan and do not purchase a new subscription plan, you will remain on the Regular membership plan. There is no refund for the payments made before switching your membership plan and the unused portion of the current subscription period. Please note that by canceling your subscription, you will not receive any credit for the unused portion of the current subscription period.
(15.E.) Cancellation of Subscription:
If you cancel your subscription, your membership plan will automatically be switched to the “Regular” plan (free plan). By canceling your subscription, you will not be charged for the next subscription period fee, unless you subscribe again. There is no refund for the subscription payments made before cancellation. Please note that canceling your subscription will not result in a refund for the unused portion of the current subscription period. Please note that by canceling your subscription, you will not receive any credit for the unused portion of the current subscription period.
(15.F.) Cancellation of membership plan:
If you don’t want to be a member of the Service at any time, you must cancel your subscription (for paid membership plans only) and then delete your account or contact us to delete your account.
By participating in the contests organized in the Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from participating in the contests organized by us.
(16.A.) Contest Participation:
16.A.I. Only registered users of the Service are eligible to participate in the contests.
16.A.II. Each contest will have specific guidelines and requirements outlined in the contest announcement and description. Participants must adhere to these guidelines to be considered for the contest.
16.A.III. When submitting Contributions, the users have to choose if they want to submit the post for the current open contest of the location type they selected or not. It should be noted that always there is only one open contest for each location type at the same time. It is the users’ responsibility to fully read and understand the current open contest of the location type they selected for the Contribution.
16.A.IV. By entering the contest, participants warrant that all information provided and uploaded files, including location details, Instagram link, images, and accompanying information, is true, and accurate, and does not infringe upon any third-party rights.
(16.B.) Rights and Ownership:
16.B.I. By submitting your Contributions to the contests, you grant the Service a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual license to use, reproduce, publish, display, and distribute the submitted Contributions for the purposes of promoting the contests and featuring contest winners on the Service.
16.B.II. You acknowledge that we may modify, edit, or adapt the submitted Contributions to fit our promotional needs, without seeking additional consent or providing any compensation.
16.B.III. The Service will credit the winners of the contests whenever feasible.
(16.C.) Contest Judging and Winner Selection:
16.C.I. Contest winners will be selected by the Service judge(s), based on specific criteria outlined in the contest guidelines.
16.C.II. The judging process will be fair and impartial, and we reserve the right to disqualify any participant if they violate these Terms and Conditions or attempt to manipulate the contests in any way.
16.C.III. The decision of the judge(s) will be final and binding in all matters related to the contest.
(16.D.) Prize and Recognition:
16.D.I. The prize for winning the contests will be non-financial in nature and may include being featured on the Service.
16.D.II. We reserve the right to determine the extent and duration of featuring the winners, including the specific content used for the featuring.
16.D.III. We will make reasonable efforts to feature the winners as promised but do not guarantee an uninterrupted or continuous promotion.
(16.E.) Liability and Indemnification:
16.E.I. We shall not be held liable for any damages, losses, or injuries arising out of or related to your participation in the contest, including but not limited to any reliance on the information provided by other participants.
16.E.II. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your breach of these Terms and Conditions or any third-party rights.
16.F.I. We reserve the right to modify, suspend, or terminate the contests at any time, without prior notice, for any reason deemed necessary.
16.F.II. We reserve the right to actively encourage and invite individuals and businesses to register on the Service, participate in our Contests, and contribute their content to the Service, whether it be specific content related to contests or their content in general.
We accept the following payment methods on our Site:
- Credit Card;
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Canadian dollars, United States dollars, or Euro.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
We utilize secure payment processing methods to ensure the safety and confidentiality of your payment information. When making payments on our Site, your financial data is encrypted and transmitted securely using industry-standard protocols.
You can rest assured that your payment information is treated with the utmost care and protection. We do not store or retain any credit card or payment details on our servers, as all transactions are securely processed through our trusted payment gateway partners.
Your trust and security are of paramount importance to us, and we are committed to maintaining the highest standards of data protection and privacy. If you have any concerns or questions regarding our payment processing practices, please do not hesitate to contact our support team at email@example.com.
- Consumer Protection Law
Where the Consumer Protection Act of Quebec, or any other consumer protection legislation applicable in Quebec, Canada, applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
For more information on the Quebec Consumer Protection Act, you can visit the official website of the Government of Quebec at https://www.legisquebec.gouv.qc.ca/en/document/cs/p-40.1
19. Limitation of Liability
(19.A.)Techno Code and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Service.
(19.B.) We are not liable for any technical disruption where the cause lies outside of our field of responsibility or is caused by force majeure.
(19.C.) We cannot guarantee continuous access to the Service. We reserve the right to perform necessary technical maintenance for the duration required.
(19.D.) Disclaimer; No Warranties and Additional Limitation of Liability:
The Service and all content available through it are provided “AS-IS” and “AS AVAILABLE” without any warranty of any kind, either express or implied. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising out of the course of dealing, usage, or trade. We do not guarantee the uninterrupted, secure, or error-free operation of the Service or that any errors or harmful components will be corrected.
Your use of the Service is at your own risk, and you assume full responsibility for any damages that may result from your use of or access to the Service, your interactions with other Service users, and the content available through the Service. You are solely responsible for any damage to your property or loss of data that may result from using the Service or downloading content.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service or any content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or mobile applications linked to the Service and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Service, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any 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.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $0 USD. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Except where prohibited by law, by using this Service you indemnify and hold harmless Techno Code and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Service or your violation of these Terms and Conditions.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Applicable Law
These Terms and Conditions are governed by the laws of the Province of Quebec, Canada.
- Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Techno Code are unable to resolve any dispute through informal discussion, you and Techno Code agree to first attempt to resolve the matter through mediation. Mediation is a process in which a neutral third party, the mediator, facilitates discussions between the parties to help reach a mutually acceptable agreement.
If mediation does not lead to a resolution or is not feasible, both parties further agree to submit the issue to arbitration. Arbitration is a process in which a neutral arbitrator or panel of arbitrators will review the evidence and make a final, binding decision to resolve the dispute.
The decision of the mediator or arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Techno Code. The costs of any arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Techno Code agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement, if applicable.
- Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
(25.A.) These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Service and the way we expect users to behave on our Service. We will notify users by email of changes to these Terms and Conditions and/or post a notice on our Service on 7 days’ notice. However, users are responsible for reviewing the updated Terms and Conditions regularly.
(25.B.) If you do not reject these changes within 7 days from the announcement date, the amended Terms and Conditions shall be deemed accepted by you. Users will be reminded of this in the announcement regarding the changes to these Terms and Conditions.
(25.C.) If you do not agree to the proposed new Terms and Conditions, you need to terminate your account before the effective date of the changes to these Terms and Conditions. After the effective date of the changes to the Terms and Conditions, we reserve the right to promptly cancel your account and terminate your access to the Service, if we notice that you do not agree to the new Terms and Conditions.
There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
- User Data
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- Electronic Communications, Transactions, and Signatures
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or operating rules posted by us on the Service or with respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Service. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
- Contact Us
Please contact us if you have any questions or concerns. Our contact details are as follows:
Mailing Address: Techno Code Enterprise, 50 Rue Rabelais Saint-Constant, Quebec, Canada J5A 0J5
Contact form: https://www.sharedestinations.com/contact
Messaging system (only for members): https://www.sharedestinations.com/messages
Version 1 – Effective Date: September 25, 2023