This
website and any mobile application (collectively, this “Site”) is owned
by SHOPAZAM.COM (“We”,
“Us” or SHOPAZAM.COM“).
We are providing you with access to this Site and our online store (together,
our “Services”) subject to the following terms and conditions. By
browsing, accessing, using, registering for or purchasing merchandise on this
Site or otherwise using our Services, you are agreeing to all of the following
terms and conditions, including any policies referred to herein (collectively,
these “Terms”). So, please read these Terms carefully. We reserve the
right to change this Site and these Terms at any time. If you are unwilling to
be bound by these Terms, you should not browse, access, use, register for or
purchase merchandise from the Site. You represent and warrant that you are at
least 18 years old or visiting this Site under the supervision of a parent or
guardian.
Privacy
Policy
Our Privacy Policy, which also governs your
visit to Our Site, can be found at (PRIVACY
POLICY). Please review our Privacy Policy for information on how We
collect, use and share information about our users.
Use
of This Site
Subject to your compliance with these Terms, We
grant you a limited, non-exclusive, non-transferable, non-sublicensable license
to access and make personal, non-commercial use of this Site. This license
grant does not include: (a) any resale or commercial use of this Site or
content therein; (b) the collection and use of any product listings or
descriptions; (c) making derivative uses of this Site and its contents; or (d)
use of any data mining, robots, or similar data gathering and extraction
methods on this Site. You may not use, frame or utilize framing techniques to
enclose any of Our trademark, logo, content or other proprietary information
(including the images found at this Site, the content of any text or the layout/design
of any page or form contained on a page) without Our express written consent.
Further, you may not use any meta tags or any other “hidden text”
utilizing Our name, trademark, or product name without Our express written
consent. Any breach of these Terms shall result in the immediate revocation of
the license granted in this paragraph without notice to you. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray Us or Our products
or services in a false, misleading, derogatory, or otherwise offensive matter.
This limited right may be revoked at any time. You may not use any of Our logos
or other proprietary graphics or trademarks as part of the link without express
written permission.
Account
In order to access some features of this Site,
you may be required to register and We may assign to you, or you may be
required to select, a password and user name or account identification. If you
register, you agree to provide Us with accurate and complete registration
information, and to inform us immediately of any updates or other changes to
such information. You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You shall
immediately notify Us of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site’s
security. Each time you use a password or identification, you will be deemed to
be authorized to access and use the Site in a manner consistent with these
Terms, and We have no obligation to investigate the authorization or source of
any such access or use of this Site. YOU
WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE
USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO,
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED
BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND
ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE.Electronic Communication
When you use this Site, or send emails to Us,
you are communicating with Us electronically. You consent to receive
communications from Us electronically. We will communicate with you by e-mail
or by posting notices on this Site or through our other services. You agree
that all agreements, notices, disclosures and other communication that We
provide to you electronically satisfy any legal requirements that such
communications be in writing.
User
Content
This Site may include features and functionality
(“Interactive Features”) that allows users to create, post, transmit
or store any content, such as text, music, sound, photos, video, graphics or
code on the Sites (“User Content”). User Content is publicly-viewable
and may include your profile information and any content you post pursuant to
your profile, but it does not include your account information or information
you submit in order to make a purchase. You agree that you are solely
responsible for your User Content and for your use of Interactive Features, and
that your use any Interactive Features at your own risk. By using any
Interactive Areas, you agree not to post, upload to, transmit, distribute,
store, create or otherwise publish or send through the Sites any of the
following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User 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;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights
in User Content
Except as otherwise provided in these Terms, on
this Site or in a separate agreement with Us, We claim no ownership or control
over any User Content. However, by submitting or posting User Content on this
Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual,
irrevocable, transferable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such User Content on this Site and on third-party sites and mobile
applications and in all other media or formats, whether currently known or
hereafter developed, for any purpose and without any compensation to you. You
also grant users of this Site the right to access your User Content in
connection with their use of this Site. By posting User Content to this Site,
you represent and warrant that (a) such User Content is non-confidential; (b)
you own and control all of the rights, title and interest in and to the User
Content or you otherwise have all necessary rights to post and use such User
Content to this Site and to grant to Us the rights that you grant in these
Terms; (c) the User Content is accurate and not misleading or harmful in any
manner; and (d) the User Content, and your use and posting thereof in
connection with this Site, do not and will not violate these Terms or any other
of Our applicable terms, guidelines or policies or any applicable law, rule or
regulation.
Feedback
Separate and apart from User Content, you may
have the ability to submit questions, comments suggestions, reviews, ideas,
plans, designs, notes, proposals, drawings, original or creative materials and
other information regarding this Site, Us and our products or services
(collectively “Feedback”). You agree that Feedback is
non-confidential and shall become Our sole property. We shall own exclusive
rights, including all intellectual property rights, in and to such Feedback and
shall be entitled to the unrestricted use and dissemination of the Feedback for
any purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Restrictions
on Rights to Use
You agree you shall not (and you agree not to
allow any other individual or entity using your password and identification
to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this
Site, and We reserve the right and have absolute discretion to monitor any user
conduct on this Site at any time and for any reason without notice.
Ownership
As between you and Us, this Site, including all
photographs, images, text, graphics, icons, audio clips, software, source code
and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection,
arrangement, and assembly of this Site (collectively, the “Site
Content”), including all copyrights, trademarks, and other intellectual
property or proprietary rights in the foregoing, are owned by Us or our
licensors and protected by applicable copyright laws. The use of any of Our
trademarks or service marks without our express written consent is strictly
prohibited. You may not use our trademarks or service marks in connection with
any product or service in any way that is likely to cause confusion. You may
not use our trademarks or service marks in any manner that disparages or
discredits us. You may not use any of our trademarks or service marks in meta
tags without prior explicit consent. Nothing in these Terms shall be deemed to
grant to you or any other user any license or right in or to any of Our
patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or
through this Site may, at Our option, be conducted electronically from start to
finish. If We decide to proceed non-electronically, those transactions will
still be governed by the remainder of these Terms unless you enter into
different terms provided by us. You are responsible to print or make an
electronic a copy of these Terms and any other contract or disclosure that we
are required to provide to you. The risk of loss and title for items purchased
by you on this Site pass to you upon our delivery of the items to the carrier
pursuant to a shipment contract. We charge sales tax for merchandise ordered on
this Site based on the applicable state sales tax rate of the location to which
the order is being shipped. When We ship to you or per your directions to
another person, you agree to pay the shipping and any handling charges shown on
this Site when your order is placed. We reserve the right to increase, decrease
and add or eliminate charges from time to time and without prior notice, so you
agree to check all charges before placing an order or signing up for a service.
Any shipping or handling charges may or may not reflect actual costs. Only
valid credit cards or other payment method acceptable to us may be used. By
submitting your order, you represent and warrant that you are authorized to use
the designated card or method and authorize us to charge your order (including
taxes, shipping, handling and any other amounts described on the Sites) to that
card or other method. If the card (or other method) cannot be verified, is
invalid, or is not otherwise acceptable, your order may be suspended or
cancelled automatically. All returns are governed by our Return Policy, which
can be found at [INSERT LINK TO YOUR RETURN POLICY]. We attempt to be as
accurate as possible and eliminate errors on this Site; however, We do not
warrant that any product, service, description, photograph, pricing or other
information is accurate, complete, reliable, current or error-free. In the
event of an error, whether on this Site, in an order confirmation, in
processing an order, delivering a product or service or otherwise, We reserve
the right to correct such error and revise your order accordingly if necessary
(including charging the correct price) or to cancel the order and refund any
amount charged. Your sole remedy in the event of such error is to cancel your
order and obtain a refund. All items are subject to availability and We reserve
the right to impose quantity limits on any order, to reject all or part of an
order and to discontinue products or services without notice, even if you have
already placed your order. All prices are subject to change without notice. We
reserve the right to refuse or cancel any orders placed for products and/or
services which the sale or use of such product and/or service in your state or
jurisdiction is restricted or prohibited.
Links
This Site may contain links to other sites on
the Internet that are owned and operated by third parties. You acknowledge that
We are not responsible for the operation of or content located on or through
any such site.
Termination
You may terminate the Terms at any time by
closing your account, discontinuing your use of this Site and providing Us with
a notice of termination. We reserve the right, without notice and in our sole
discretion, to terminate your right to use this Site, or any portion of this
Site, and to block or prevent your future access to and use of this Site or any
portion of this Site.
Indemnification
To the fullest extent permitted by applicable
law, you agree to defend, indemnify and hold harmless Us and our subsidiaries
and affiliates, and our respective officers, directors, agents, partners,
members, employees, independent contractors, service providers and consultants
(“Our Related Parties”), from and against any claims, damages, costs,
liabilities and expenses (collectively, “Claims”) arising out of or
related to (a) your access to and use or misuse of this Site; (b) any User
Content you post, upload, use, distribute, store or otherwise transmit on or
through this Site; (c) any Feedback that you provide; (d) your violation of
these Terms; and (e) your violation of any rights of another. You agree to
promptly notify Us of any third party Claims, cooperate with Us in defending
such Claims and pay all fees, costs and expenses associated with defending such
Claims (including but not limited to attorneys’ fees). You further agree that
the We shall have the right to control of the defense or settlement of any
third party Claims.
Disclaimers
Except as expressly provided, this Site,
including all Site Content, and services provided on or in connection with this
Site are provided on an “AS IS” and “WITH ALL FAULTS” basis
without representations, warranties or conditions of any kind, either express
or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B)
CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not
represent or warrant that this Site is accurate, complete, reliable, current or
error-free. We do not represent or warrant that this Site or our servers are
free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and
exclusive liability, for any breach of warranty shall be your right to return
the product, or receive a refund for the service under Our applicable returns
and exchanges policies. IN NO EVENT
SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF
BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE
PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED
THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS
PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS
NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies
You agree that our remedy at law for any actual
or threatened breach of these Terms would be inadequate and that we shall be
entitled to specific performance or injunctive relief, or both, in addition to
any damages that we may be legally entitled to recover, together with
reasonable expenses of any form of dispute resolution, including, without
limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of
any other, whether at law or in equity, including without limitation damages
injunctive relief, attorneys’ fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue,
temporarily or permanently, this Site or any features or portions thereof
without prior notice.
Severability
If any these provisions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed several
and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be
enforceable by, the parties only. These Terms are not intended to confer any
right or benefit on any third party or to create any obligations or liability
of a party to any such third party.
Miscellaneous
No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms, and you do not
have any authority of any kind to bind Us in any respect whatsoever. We may
provide you with notices, including those regarding changes to these Terms, by
email, regular mail, or postings on this Site. These Terms, which shall be
deemed accepted by you upon your use of the Site, constitute the entire
agreement among you and Us regarding use of this Site. Our failure to exercise
or enforce any right or provision of these Terms shall not constitute a waiver
of the enforcement of such right or provision. If any provision of these Terms
is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that these Terms shall otherwise
remain in full force and effect and enforceable. These Terms are not
assignable, transferable or sublicensable by you, except with our prior written
consent. These Terms include and incorporate by reference Our Privacy Policy,
which can be found at PRIVACY POLICY,
and any notices regarding the Site.
Questions
Questions regarding these Terms, Our Privacy
Policy, or other policy related material can be directed to our support staff
by emailing us at: support@shopazam.com.