Terms of Service

These Terms of Service are effective on January 28, 2019.

 

Attention Please:

Please read the following terms of use (terms) carefully. Your access and use of the website located at www.getshhh.com / www.getshhh.co and the mobile application called Shhh is governed by the following terms. The terms have binding legal effect. Your continued use of the services constitute your agreement to these terms. If you don’t agree to any provision of these terms, please don’t use our services. Your failure to read the terms or any policy referenced here under is not a sufficient ground to relieve you from any obligation or to confer any right.

 

Definition:

For the reference purposes, following terms and expressions are assigned a particular meaning as defined under:
 

  • “App” refers to an online application providing its users with an online social platform through which they may be able to use our Services.
     

  • “Malicious Files” includes any spam, virus, adware, spyware, malware and similar material that harm, affect, slow down, infect, or interfere in the normal functioning of our servers, system and the computer or device used by the User to access or use the Services.
     

  • “Services” refers to all services, content, tools, applications, functions, features, components, information, photos, videos, programs, data, and graphics available on this Website.
     

  • “Unwanted Content” means any unwanted content, communication, messages, and emails.

 

  • “Top Weekly” refers to text, photo, video or any content that a User uploads, posts or shares with reference to the “Top Weekly” feature of the Services.
     

  • “Event Content” refers to event name, location, description, time, any photo, video or any content that a User posts relating to any campus event, and a section of the Services allows the User to post or/and upload any such content on the App.
     

  • “User Account” refers to an online account created by a User on our App.
     

  • “User Content” includes all kinds of content including, without limitation, any text, photo, information, data, Top Weekly Content, Event Content, user-to-user communication that  you post, share, display, distribute, show, communicate, transmit, send or receive through the Services.
     

  • “We”, “our”, “us”, and “Shhh LLC” refers to Shhh LLC, a Florida limited liability company.
     

  • “Website” includes Shhh application and the website of Shhh LLC.
     

  • “You”, “your” and “User”: Any user of the Services including, without limitation, the user holding a User Account.

 

Nature of Services:

  • The Services provides an online social networking platform on which the User can create a User Account, post User Content, and view All User Content. They may interact, communicate and share their User Content with other Users. The Services are not for general public, but for current student of any educational institution.
     

  • We have no control over the use of the Services of other Users. We are a technology company that aim to provide the Users with a social networking platform. We have nothing to do with the acts, omissions and User Content of any User, and, hence, we own no liability for any harm, loss or damage caused by the act, omission or User Content of any other User. You are strongly advised to observe the Terms in letter and spirit while using the Services.

 

 

Eligibility to Use Services:

 

You can use the Services only if you:

  • Have attained the age of 17 years to use the Service;
     

  • Be a student at a college or university enrolled for the current year in a college or university located in the United States (“Institute”);
     

  • Have an email address issued by the Institute ending with “.edu”;
     

  • Comply with the applicable laws, these Terms and all our policies referenced hereunder;
     

  • Have a User Account;
     

  • and Use the Services for your personal uses.

 

Restrictions & Prohibitions:

  • Unauthorized Content refers to the content containing violent, abusive, offensive, pornographic, discriminatory, offensive, racial, unlawful, illegal, violative, indecent, obscene, libelous, racist, defamatory, infringing, unwanted, hateful, or sexually suggestive photos, text, or any content that may potentially incite or promote hatred, terrorism, violence or dispute.
     

  • No Unauthorized Content is allowed to be posted, uploaded, promoted, originated, transmitted, introduced, communicated, distributed, displayed, or transferred through the Services.
     

  • You must respect the privacy, interests and rights of other Users and will not solicit, obtain and use the login information or other confidential and identifiable information of other Users.
     

  • You must maintain the confidentiality of your login information so that your account may not be misused.
     

  • You must not transmit, convey, display, post or distribute any Malicious Files.
     

  • You cannot send any Unwanted Content to any User by using the Services.
     

  • Criminal Activities means any criminal act, omission, illegality, offense, fraud, infringement and violation of any law and rights, or stalk, and abuse, harass, bully, threaten, and/or intimidate any person using the Services.
     

  • You must not transmit, transfer, publish, or post your confidential information using the Services.
     

  • You must not commit or omit any act that may potentially harm our reputation and interests.
     

  • You must not modify or change or cause to be modified and changed any part of the Services to give impression to any User or any third party that such change or alteration or Your Content existed on the Services forms part of the Services.
     

  • You must not disrupt, interfere, change, slow down or delay the Services in any manner directly or indirectly.
     

  • You must not create or cause to be created any hurdle and restriction in the use of any User.
     

  • You must not abet, encourage, instigate or make, directly or indirectly, any User violate the Terms, Privacy Policy, or any law while using the Services.
     

  • You must not access Our Content using any automated means such as crawling, caching, scraping or any other means.

Our Intellectual Property Rights:

  • All activities taken place, occurred and carried out by you are tracked with reference to your User Account. You are solely responsible for all activities, acts, and omissions that that may take place, occur and carry out through your User Account.
     

  • Subject to your eligibility criteria provided above, you may use the Services through your User Account. You may create your User Account at any time by providing your first and last name, email address ending in “.edu” and such other information that we may require in the sign-up form. You must provide us with your current, accurate and complete information. Your information is handled in accordance with our Privacy Policy. You cannot (a) create multiple User Accounts; (b) create User Account for other users; (c) Create User Account through any unauthorized, automated device, spider, bot, script, scraper and crawler; and (d) sell, transfer, lease, or lend your User Account to any other person. Failure to observe the foregoing provisions may result in the termination of your User Account without any notice.
     

  • The Services or any feature thereof may not be available in all areas or at all times.
     

  • We reserve the right to terminate and suspend your User Account or refuse or limit your access to the Services at any time without any prior notice. Furthermore, if we, in our sole discretion, determine that you are using the Services in breach of the Terms or any applicable law, we may demand any compensation in addition to the termination of the User Account. 

 

 

Amendments, Modifications, and Terminations:

  • We reserve the right to terminate, amend, change, modify, improve, revise and/or alter:
     

    • Any feature, structure or part of the Services.
       

    • Any or all provision of these Terms, Privacy Policy or any policies referenced hereunder without any prior notice. However, we may, but not obligated to, notify our existing Users to that effect.
       

  • You are strongly advised to visit our Terms and Privacy Policy pages to check the latest amendments, if any. Your use of the Services subsequent to the amendments in the Services and/or the Terms and Privacy Policy shall be governed by the amended version of the Terms and Privacy Policy.

 

Privacy Policy:

  • While providing you with the Services, we will collect, store and process your information. By using the Services and creating a User Account as a User, you approve our act of collecting, storing and processing your information in compliance with the applicable laws and our Privacy Policy. You are recommended to check our Privacy Policy here: http://getshhh.com/privacy-policy.

 

 

User Content:

  • The User Account is your ownership and you have sole proprietary rights. We don’t claim any rights to Your Content. You hereby grant us a non-exclusive, non-revocable, royalty-free, global, sub-licensable, and transferable license to use, store, process, edit, transfer, assign or modify Your Content without any further notice to you.
     

  • Your Content is publicly viewable if you post such content on the Services. You must ensure that there will be no negative implications if you post any User Content. You acknowledge that we own no liability arising from your act of posting your personal and confidential information.
     

  • You must have full ownership right or valid license to Your Content to post and/or grant us the license as provided above. You will be fully liable if you post any User Content in violation of any person or entity’s copyrights or any law for the time being force.
     

  • You are solely responsible for your act of posting, showing, transmitting, transferring, exchanging, communicating, displaying, distributing and sharing Your Content and all or any part of your profile information during the course of your use of the Services. Similarly, you are also liable for any online or offline interaction with any User. We are not obligated to monitor, remove or edit any User Content. You are strongly recommended to use the Services carefully as any content posted in violation of the Terms or any applicable law may expose you a civil or criminal liability.
     

  • Except your profile information, Your Content may automatically be deleted and removed from our system without any prior notice upon (a) expiry of 24 hours of posting; (b) expiry at the end of every week [Sunday 12am EST]; (c) the termination of your User Account due to any reason; (d) any ground that we deem sufficient, in our sole judgment, to remove Your Content from the system at any time without any prior notice; (e) an accident takes place; and (f) we terminate the Services.
     

  • Your profile information consists of your First Name, Last Name, University, Amount of Likes, Amount of Posts, and such other information you set to be visible on your profile page.
     

  • The User Content is created and posted by a User. We don’t create, make, originate or endorse any User Content or any activity of the User. We own no liability, whatsoever, for any liability that may arise from Unauthorized Content, Malicious Content, Unwanted Content or any other content being posted, distributed or displayed by any User while using the Services. We may, but not obligated to, remove, delete, block, limit, restrict, deactivate, or suspend any User Content for non-compliance with the foregoing Terms.
     

  • We are not obligated to monitor, edit, moderated, alter, change, modify, remove, improve or substitute content on the Service. However, we may suspend, deactivate, limit, restrict, block, remove or delete any Content at any time with or without assigning any reason to that effect, and we will own no liability for anything happened as a result of the aforesaid actions.

 

Warranties, Representation, and Acknowledgements: 

 

You acknowledge that:
 

  • You own full right, authority and license to post, share, and use Your Content and grant license thereto under these Terms;

  • The use of the Services may expose you to certain risks and you agree to assume such risks;
     

  • The Services may be subject to certain defects, errors, mistakes, and omissions that may render it unreliable;
     

  • The Services, being online platform, are not secure, and the User Content and certain other private, identifiable and confidential information are not secure, and, subject to the Privacy Policy, Shhh LLC has no liability to that effect;
     

  • Shhh LLC is not liable for any loss, harm, and damage caused by the Services or any content contained by the Services;
     

  • The User Content, Third Party Content, and Ads (“All Content”) are not created, verified, endorsed, controlled, monitored, edited or moderated by Shhh LLC and the same has no liability for All Content;
     

  • That we are not responsible for your exposure to any User Content or any content prohibited to be posted on the Services; and,
     

  • The User Content may be publicly viewable and, hence, must not contain any material, information, content which is contrary to any applicable law, harmful to your interests or that of Shhh LLC, any User, any person or entity.

 

 

Third Party Content:

  • The Services may contain content, tools, ads, link, image, text, and program created, developed and posted or caused to be created, developed and posted by any third party (“Third Party Content”). We allow the Third Party Content with the belief that such Third Party Content may be useful for you. We cannot be liable for such Third Party Content as we are not obligated to monitor, filter, censor, modify, edit or control such Third Party Content. You are strongly advised to check any potential consequences that may be caused by the use of or reliance upon such Third Party Content before using the same.
     

  • Our Services may allow you to communicate or receive communication, share Your Content with other Users using any third party services. In this process, your identifiable information may be disclosed to such third party service providers which will be governed by their privacy providers. We have no control over or partnership with such party services and own no liability arising from such communication or use thereof. You agree to assume all kinds of risks involved in the use of such third party services.
     

  • To access the Services, you may be liable to use third party communication services that may incur data charges. You are responsible to pay such charges.
     

  • We may allow a third party advertiser to upload and post advertising and marketing material on the Services which may run on the Services (“Ads”). The selection of the content of Ads is made by such third party advertisers. No content in the Ads will constitute our liability whether directly or indirectly as we have no control over them. If you find any content in the Ads inappropriate, illegal, infringing, offensive or in any manner contrary to the public morality, you must immediately report us. We may, but not obligated to, report to the originator of such Ads.
     

  • We accept no liability arising from your use of, exposure to and reliance upon the Third Party Content, Ads, and User Content of other Users.

 

 

Our Intellectual Property Rights:

  • All information, content, text, image, graphics, drawings, tools, applications, programs, logos, trademark, service-mark and designs of and contained by the Services are developed, created, designed and made or caused to be developed, created, designed or made by Shhh LLC (“Our Content”). Our Content is our copyrights protected under the applicable laws, legal principles and business traditions. You are not authorized to use Our Content in violation of the applicable laws and these Terms. You shall not remove, modify, change, reproduce, adapt, perform, publish, display, broadcast, distribute, transmit, sell, lease, license, transfer or otherwise commercially exploit Our Content or prepare derivative works based on the same.
     

  • Subject to your strict compliance with these Terms, Privacy Policy and the applicable laws, we hereby grant you a non-exclusive, limited, revocable, non-sublicensable, non-transferable, and specified right to use the Services and Our Content on a single or multiple device(s) you own, control and possess for your personal use for purposes, through the medium and in the manner the Services are created and intended to be used.
     

  • We use our best maneuver to make the Services available to you, unless the Services are suspended, interrupted or non-available due to any event beyond our reasonable control.

 

DMC Notice:

 

  • If you have proof that any content forming part of All Content infringes your rights or the rights of some other person on whose behalf you are authorized to act, you may send us a written notification under Section 512(c) (3) of the Digital Millennium Copyright Act (“DMCA”) requesting us that such content be removed, blocked or made inaccessible. The content of notice should include: (i) Your physical/electronic signature (“Complainant”);

    Specification of content alleged to be published in violation of your copyrights; (“Disputed Work”);

    Location of the Disputed Work in the Services; (iv) Your full name, contact information such as your address, phone number, fax number and email address; (v) Your statement as to why you believe that the Disputed Work belongs to you and how you believe that the presence of the Disputed Work infringes your rights; (vi) You must include a statement under the penalty of perjury that the content of the notice is true to the best of your knowledge and belief.

 

  • If any information we require above is missing, we reserve the right not to consider such notice. If we find your claim false and groundless, then, in addition to rejecting your request, we may send you a counter-notice under DMCA
     

  • We will surely respect your rights to the Disputed Work and comply with your request if there is proof suggesting the legitimacy of your ownership to such Disputed Work.
     

  • All notices under this section must be in accordance with the relevant provisions of the DMCA (please visit http://www.loc.gov/copyright).

 

 

Scope of Liability:

  • UNLESS OTHERWISE STATED HEREUNDER OR ANY LAW FOR THE TIME BEING IN FORCE IN THE STATE OF FLORIDA, USA, IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, STAFF MEMBERS, AGENTS, CONTRACTORS, ASSIGNS OR AFFILIATES (“SHHH LLC PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY LOSSES, HARMS, DEPRIVATION, DAMAGES, AS THE CASE MAY BE, CAUSED BY:
     

    • ANY DEFECT, ERROR, MISTAKES, TYPOS, OMISSIONS, FALSE STATEMENT OR INACCURACIES OF ANY CONTENT, USER CONTENT, THIRD PARTY CONTENT OR ANY PROHIBITED CONTENT;
       

    • ANY KIND OF INJURIES, DAMAGES, LOSSES, OR HARMS IN PERSON OR PROPERTY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR ACCESS TO, USE OF SERVICES, AN ACT OF POSTING, UPLOADING, USING, SHARING, DISTRIBUTING THE USER CONTENT;
       

    • ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OUR SERVERS OR SYSTEMS;
       

    • ANY SUSPENSION, TERMINATION, INTERRUPTION, DELAY, SHUT-DOWN, CESSATION OR OF THE SERVICES;
       

    • ANY PROHIBITED CONDUCT, CONTENT, AND USE OF THE SERVICES;
       

    • ANY DISCLOSURE OF YOUR INFORMATION TO COMPLY WITH THE LEGAL PROVISIONS OR ANY LEGITIMATE AUTHORITY’S DIRECTIONS; OR
       

    • ANY ADVERTISING CONTENT; OR
       

    • ANY USER CONTENT, ADVERTISING CONTENT, PROHIBITED CONTENT, OR ILLEGAL ACT OF ANY THIRD PARTY.

 

  • Shhh LLC controls and offers the Services from its servers situated in Newark New Jersey. We make no representations that the Service is or will be available, accessible, appropriate, and legal or authorized to use or access in your local jurisdiction. If you are using or accessing the Services beyond the territorial jurisdiction of the United States, then you are responsible to ensure that your use is not contrary to the laws of your local jurisdictions.
     

  • If you are using or accessing the Services from any territory not subject to the laws of USA, please note that by using or accessing or by continuing to use or access the Services, you are transferring your information and other data to New Jersey, USA, and that you hereby agree to such transfer of the information and data and your foregoing agreement shall be governed by the laws of the State of Florida, USA.
     

  • The maximum aggregate liability in all cases shall be equal to zero as you are using our freemium Services.

 

 

Disclaimer:

  • SUBJECT TO THE APPLICABLE LAW, SHHH LLC PARTIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AS TO THE SERVICES OR ANY FEATURE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES OR ANY PARTS THEREOF ARE ACCURATE, CURRENT, CORRECT, VALID, AUTHENTIC, COMPLETE, OR SUITABILE TO YOUR SPECIFIC NEEDS, OR WITHOUT ANY ERROR, DEFECTS OR OMISSIONS.
     

  • WE DISCLAIM ALL LIABILITIES ARISING FROM:
     

    • ANY DEFECT, ERROR, MISTAKES, TYPOS, OMISSIONS, FALSIFICATION OR INACCURACIES OF ANY CONTENT, USER CONTENT, THIRD PARTY CONTENT OR ANY PROHIBITED CONTENT;
       

    • ANY KIND OF INJURIES, DAMAGES, LOSSES, OR HARMS IN PERSON OR PROPERTY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR ACCESS TO, USE OF SERVICES, AN ACT OF POSTING, UPLOADING, USING, SHARING, DISTRIBUTING THE USER CONTENT;
       

    • ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OUR SERVERS OR SYSTEMS;
       

    • ANY SUSPENSION, TERMINATION, INTERRUPTION, DELAY, SHUT-DOWN, CESSATION OR OF THE SERVICES;
       

    • ANY PROHIBITED CONDUCT, CONTENT, AND USE OF THE SERVICES;
       

    • ANY DISCLOSURE OF YOUR INFORMATION TO COMPLY WITH THE LEGAL PROVISIONS OR ANY LEGITIMATE AUTHORITY’S DIRECTIONS; OR
       

    • ANY ADVERTISING CONTENT; OR
       

    • ANY USER CONTENT, ADVERTISING CONTENT, PROHIBITED CONTENT, OR ILLEGAL ACT OF ANY THIRD PARTY.

 

  • We don't guarantee, warrant, or own any liability for the act, omission, offer, representation, product or services of any third party using, in any manner, the services or any part thereof. 

Indemnification:

  • You expressly agree to defend, indemnify and hold Shhh LLC Parties harmless against and from any and all claims, liabilities, demands and actions arising from the losses, damages, expenses, and costs, including, but without limitation, a reasonable attorney's fees, caused by your use of Services or your User Content, prohibited and unauthorized content, conduct or act, your breach of the Terms or any provision thereof, or your infringement or violation of any third party right.
     

  • The provision of this section will survive the termination of the Terms.

 

 

Enforcement:

  • If you breach any provision of the Terms, we may, in addition to the termination of provision of the Services to you, avail any remedy or measure available under any applicable law or principle of law.

 

 

Governing Law:

  • These Terms and any policies referenced hereunder shall be governed by the laws of the State of Florida, USA, without giving effect to its conflicts of law principles. Any disputes, issues, differences, or controversies relating to the Services and these Terms shall be determined or resolved by an independent arbitration consisting of single arbitrator appointed under the applicable rules of the American Arbitration Association, AAA. The arbitration award shall be conclusive and be executed through the court of competent jurisdiction over the city where we have our business office.

 

 

Severability:

  • If any provision of the Terms is held to be invalid, void, inapplicable, illegal or unenforceable, the same shall be excluded from these Terms and remainder provision shall be valid, applicable, and legal without any implication. In some situations, certain provisions of these Terms may not be applicable to a certain person or class of persons, such provisions shall be applicable to all other persons except the person or class of persons aforementioned.

 

 

No Waiver:

  • Except as provided herein, one time failure to exercise a right or enforce the performance of an obligation shall not deprive us to exercise such right or enforce such performance at a later occasion. Similarly such failure shall also not constitute a waiver for current or future right or obligation of similar nature.

 

 

Survivability:

  • If any section of the Terms, by their express language or by their context, shows that they are intended to survive the termination of these Terms, then the same shall survive the termination of these Terms.

 

Assignment:

  • Unless otherwise stated hereunder, you cannot assign your User Account and/or any rights or obligations arising from these Terms without our prior express consent. Any attempt to assign your User Account or rights and obligations in contravention of this provision shall not be valid and the same shall be considered a contractual breach.

 

Entirety of Agreement:

  • Unless otherwise expressly provided hereunder, these Terms along with the policies referenced hereunder constitute the entire understanding and agreement between you and Shhh LLC. Any other understanding which has not been expressly recognized shall stand superseded by these Terms.

 

Force Majeure:

  • Any failure to perform any provision of these Terms or obligations mandated by caused by an event of Force Majeure such as accidents, an act of God, the orders of the court, governmental actions, change of laws or direction of any other legitimate authorities or any event the occurrence of which is beyond of our reasonable control.

 

Service of Notice:

  • All notices, communications, correspondence with reference to the Terms may be made at: support@getshhh.com

Last Updated: 8/23/2019