Terms & Conditions
Terms and Conditions
- use the SHARPSPY Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the SHARPSPY Services, features that prevent or restrict use or copying of any content accessible through the SHARPSPY Services, or features that enforce limitations on use of the SHARPSPY Services;
- intentionally interfere with or damage operation of the SHARPSPY Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
- use any robot, spider, scraper or other automated means to access the SHARPSPY Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the SHARPSPY Services or modify the SHARPSPY Services in any manner or form, nor to use modified versions of the SHARPSPY Services, including (without limitation) for the purpose of obtaining unauthorized access to the SHARPSPY Services.
- sell or transfer or allow another person to access your account password or SHARPSPY Services account
- Download, Install or Activate SHARPSPY on a smartphone that is not owned by you or you do not have written approval from the owner to do so.
- Breach the federal and government laws of your country by downloading, installing or activating SHARPSPY Software on someone's smartphone.
- Collect data using SHARPSPY software from a smartphone, which is not owned by you without the knowledge and consent of the owner of the smartphone.
You agree that SHARPSPY may terminate or suspend your access to the SHARPSPY Services without prior notice and without liability if such termination or suspension is based on (a) SHARPSPY good faith belief you have violated any of the terms and conditions of this Agreement, (b) SHARPSPY determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the SHARPSPY Services or (d) non-payment of any fees owed to SHARPSPY. These remedies are in addition to any other remedies SHARPSPY may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless SHARPSPY, its affiliated companies, and its suppliers and partners (including, without limitation, SHARPSPY's wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the SHARPSPY Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. SHARPSPY reserves 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 with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHARPSPY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, SHARPSPY'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE SHARPSPY SERVICES, EVEN IF SHARPSPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SHARPSPY'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, SHARPSPY'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SHARPSPY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
RESERVATION OF RIGHTS
The SHARPSPY Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of SHARPSPY or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Lookout Services is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the SHARPSPY Software; (b) modify, adapt, translate or create any derivative works of the SHARPSPY Software or attempt to do the foregoing; (c) attempt to circumvent or disable the SHARPSPY Software or any technology, features or measures in the SHARPSPY Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the SHARPSPY Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the SHARPSPY Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the SHARPSPY Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the SHARPSPY Software or used in connection with the SHARPSPY Software
USER DATA AND LOCATION DATA
The SHARPSPY Services may allow the submission of content and materials by you (" User Data "), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them.
SHARPSPY assumes any data that is uploaded using the SHARPSPY service purchase by you is your data and hence will not be liable for anything to that data.
MODIFICATION OF THIS AGREEMENT
Lookout may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the sharpspy.net site, and you agree to be bound by any changes to the Terms of Service when you continue to use the SHARPSPY Services after those changes are posted.
SHARPSPY services are bought on subscription basis. In the event you choose to subscribe to SHARPSPY service, you will be charged through PayPal or BlueSnap. Subject to this Refund Policy condition, user may be eligible to receive a full refund within 30 days from the day of payment, if the cancellation reason is proper and valid. To be clear, you will not be refunded any charges you paid for that subscription period once subscription period expired. To get refund, send refund request at firstname.lastname@example.org with order information.