Last Updated on: March 30, 2016
These Terms and Conditions govern the use of www.shopventure.com (the “Website”). By using this Website, you are entering into a legally binding agreement with ShopVenture, Inc., and its subsidiaries, associates and officers. The Website is hosted in the United States and operates as a review site for users to post shopping and product reviews and ratings of online shops (the “Shop”).
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. You further agree that you will not seek to hire or otherwise engage sellers for future Services, or solicit buyers to purchase your services unless you sell/purchase the Services directly from us.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services and Intellectual Property. The content on the Website including (but not limited to) the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like (collectively, the "Content"), the trade dress of the Website and any and all trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to ShopVenture and/or ShopVenture’s related entities, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions acceded to by the United States. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.
The information on this Site is for informational purposes only. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. We not endorse, and are not responsible for, the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. None of the Site content should be considered an endorsement, representation or warranty that of any particular Shop.
- Transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us;
- Introduce to the Website or any other computer or website viruses, worms, Trojan horses and/or harmful codes;
- Obtain unauthorized access to any computer system; Impersonate any other person, including but not limited to, a registered user of this Website or an employee or administrator of ShopVenture;
- Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; Misrepresent the identity of a user or use a false e-mail address;
- Tamper with or obtain access to this Website or any component of this Website; Conduct fraudulent activities;
- Collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
Each registration is for a single user only, and on registration, you will input your first name, last name, email address, and choose a password (collectively, your “ID”), or sign in via Facebook Connect using your Facebook account. Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorized use of another’s ID is prohibited. In the event of inappropriate or unauthorized ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your membership with, and/or access to, the Website without any liability whatsoever. ShopVenture reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.
You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorized use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID.
You are responsible for all text, photographs, videos, images, and all other forms of data communication (collective referred to as the “User Content”) that you transmit or submit to, through, or in connection with use of the Website. Such User Content includes reviews, ratings, and information that you publicly display on your profile. You assume all risks associated with your User Content, including any third party’s reliance on its accuracy and reliability. You represent that your User Content will not infringe any third party’s intellectual property and that you own, or have the necessary permissions to use and authorize the use of your User Content. You should refrain from causing your User Content to contain material that is defamatory, false, misleading, infringing, harassing, libelous, abusive, threatening, obscene, or otherwise unlawful as you may expose yourself to liability.
In addition, as a condition of submitting any User Content or other materials to the Website, you agree that:
- you grant to ShopVenture a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such User Content into other works;
- you grant to ShopVenture all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the User Content, and acknowledge that this license cannot be terminated by you once your User Content is submitted to the Website;
- you grant to ShopVenture all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- you may only write about your own shopping or buying experience;
- you are solely responsible for your reviews and ratings;
- ShopVenture will screen and review all User Content posted onto the Website;
- ShopVenture may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- all of your reviews and ratings of the Shop that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Shops for which you submit reviews and ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews;
- you will not submit reviews that comment on other users or the reviews of other users;
- you may not imply that ShopVenture sponsors or endorses your content. you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of ShopVenture, its officers, managers, owners, employees, agents, designees or other users and ShopVenture does not endorse any Shops listed on the Site.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Shops listed on our Website who receive reviews from our users are expected to abide by all ShopVenture guidelines. Please visit our Shop Terms and Conditions for additional terms that apply to our Shops.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SHOPVENTURE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. SHOPVENTURE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED ON THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
In no event will ShopVenture, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by ShopVenture, whether based upon warranty, contract, tort, or otherwise, even if ShopVenture has been advised of or should have known of the possibility of such damages or losses. Without limiting the foregoing, in no event will ShopVenture, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of ShopVenture.
WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE
You acknowledge that the preceding paragraphS will apply to all content and services available through the Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
ShopVenture will have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Links to Third-Party Websites; No Implied Endorsements.
Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. In no event will any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Except as explicitly stated otherwise, any legal notices will be served on ShopVenture, Inc. via registered mail, to 175 Varick Street, New York, NY 10014 (in the case of ShopVenture) or to the email address you provide to us during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Attn: Privacy Officer
Email: [email protected]
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Agreement to Arbitrate
You and ShopVenture each agree that any and all disputes or claims that have arisen or may arise between you and ShopVenture relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to ShopVenture's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in New York City, New York, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitration procedures are simpler and more limited that court rules. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the courts.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in New York, New York.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2018 ShopVenture, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Email: [email protected]