You may access the Site or Service as a user (“User”) with a free account. While access to certain components of the Site and selected features of the Service is free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.
LazyShepherd reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, or for any other reason and without notice.
Conditions Governing All Users
- The Service is available only to Users who are human (not bots) and 13 years of age or older, and Users who are also Subscribers must be at least 18 years old.
- The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- The Service is available only to those with a valid email address.
- The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
- Users agree to inform LazyShepherd immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.
- Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, meta search tools, crawlers, meta crawlers and other similar programs.
Conditions Governing Subscribers
For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.
Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your Subscription and Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process
You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
Payment Against Invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period, and other time during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form
Cancellation. For security reasons, an email or phone call to the Company is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the cancel button on your Subscription and Billing page. Cancellation does not entitle you to a refund. You will continue to have access to the Site and Service until the end of your subscription term.
No Refunds. LazyShepherd is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your membership level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.
Ownership, Copyright and Trademarks
LazyShepherd owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“LazyShepherd Content”). LazyShepherd Content excludes User Generated Content.
LazyShepherd also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the LazyShepherd Content, the Site and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the LazyShepherd Content in whole or in part except as expressly authorized in writing by LazyShepherd. LazyShepherd does not grant any express or implied rights in LazyShepherd Content to Users, and all rights in and to the Site and to LazyShepherd’s Content are retained and reserved by LazyShepherd.
Moreover, the term LazyShepherd and anything on the site that identifies or distinguishes LazyShepherd from other goods and services are registered or unregistered trademarks of the Company (the ” LazyShepherd Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the LazyShepherd Trademarks without the Company’s prior written consent.
User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the Service, whether publicly posted or privately transmitted shall be referred to herein as “User Generated Content”.
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Site or Service.
- Users agree not to post, transmit, or share User Generated Content on the Site or Service that User does not have permission to post, transmit or share.
LazyShepherd Obligations Regarding User Generated Content
LazyShepherd assumes no obligation to and does not routinely pre-screen User Generated Content posted via the Site or in connection with the Service.
LazyShepherd does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of LazyShepherd and under no circumstances will LazyShepherd be liable in any way for any User Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As such, you are solely responsible at your own expense for creating backup copies and replacing any User Generated Content you post or store on the Site or provide to LazyShepherd.
LazySheperd’s Permitted Use of User Generated Content.
When you post User Generated Content to the Site, you authorize and direct LazyShepherd to make such copies as LazyShepherd deems necessary to facilitate the posting and storage of User Generated Content on the Site and provide the Service to you.
Your further authorize LazyShepherd to anonymize and aggregate User Generated Content, including data associated with your social media profiles, and use it, by way of example, for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Site, you grant the Company, its affiliates and partners an irrevocable, perpetual, world-wide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content, in all present and future media, and in any manner relating to the Site or Service.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Site (“Interactive Content”), including your User Profile, the Blog, and the Q&A service, and any other future LazyShepherd sites or services that are designed to be viewed by the public or other Subscribers, you agree to grant to LazyShepherd, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Site or Service (including, without limitation, in connection with the appearance of such Interactive Content on LazyShepherd and on the sites of our affiliates, partners and others with whom LazyShepherd may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that LazyShepherd is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Site at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Site will remain in effect and you acknowledge that LazyShepherd may retain archived copies.
Use of Interactive Areas and the Service
The Service may expand over time to contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items (”Interactive Areas”). If LazyShepherd provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Your Content submitted to any public area of the Service will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of LazyShepherd, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, or which may expose LazyShepherd or its affiliates or its users to any harm or liability of any type.
- LazyShepherd has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Service generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Service you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service.
LazyShepherd Warranties and Limitations
LazyShepherd provides the Service “as-is”. LazyShepherd provides no express warranties, guarantees, or conditions related to the Site or Service. To the extent permitted by law, LazyShepherd disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, LazyShepherd does not warrant that the Site or Service will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
Links to Other Sites
The Service may contain links to third-party Web sites (”Third-Party Sites”) and third-party content (”Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. LazyShepherd does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. LazyShepherd provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply LazyShepherd endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. LazyShepherd accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Service. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.