SHOPERT TERMS
Welcome to Shopert.com, where we and our affiliates provide information, goods and services to You subject to the following conditions. If You visit, download information or shop at www.Shopert.com, (hereinafter referred to as 'Site') You, as an individual or as a single user of the entity or company that You represent ("You" or "Your" as applicable) accept these conditions. If You do not agree to all of these terms of use You will have no right to use the Site or the services described herein. Please read them carefully.
We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at anytime. Please check the Terms of Use periodically for changes. These Terms of Use may not otherwise be changed or modified, except in a writing signed by an authorized representative of the Site. Your continued use of the Site, following any changes or modifications to these Terms of Use, constitutes Your acceptance of the changes or modifications.
SITE ACCOUNT
Certain features and services on Shopert.com require that You register to create an account on the Site. You agree as a condition of use and registration that we may contact You to inform You of changes to this Agreement or describe new services available on the Shopert.com. You shall provide Shopert with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your Shopert account. You may not (i) select or use as a Shopert User ID a name of another person with the intent to impersonate that person; (ii) use as a Shopert User ID a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a Shopert User ID a name that is otherwise offensive, vulgar or obscene. Shopert reserves the right to refuse registration of, or cancel a Shopert User ID in its sole discretion. If You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. You will immediately notify Shopert in writing of any unauthorized use of Your account, or other account related security breach of which You are aware or of which You should be aware. You may never use another user's account without such other user's expressed permission.
ELECTRONIC COMMUNICATION
When You visit the Shopert.com Site, or send e-mail to us, You are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing, and that You hereby consent to receive promotional, transactional or service related email communications from us, without limitation.
USE OF THE SITE
Use of the Site is subject to these Terms of Use, our Privacy Policy, and terms and conditions of any separate licenses or other agreements. You may be required to accept in order to use certain portions of the Site. You are authorized to access and make use of the Site as set forth below.
You affirm to Shopert that if You are an individual (i.e., not a corporation), then You are at least 18 years of age. You also certify that You are legally permitted to use and access the Site, and that You take full responsibility for the use. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You may view and use the sections of the Shopert.com website to which You have been given access by Shopert. You may obtain access to the Site, provided You pay any applicable charges (if any) and agree to the terms and conditions of these Terms of Use or any license agreement or other agreement governing access to the Site. You may use the Site to which You have been given access to interact with Shopert and other users of our products and services solely in ways that do not violate these Terms of Use. RULES AND CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you email, transmit or otherwise make available via the Site. We do not control the Content posted via the Site and, as such; do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You expressly acknowledge and agree that any User Material that You make available on the Site may be made freely available by Shopert through the Site, including without limitation for download by other users, and that this permission is made and granted in consideration of Your use of the Site and is nonexclusive, perpetual, royalty-free, irrevocable and transferable (and includes all related intellectual property rights). You represent and warrant that You have all rights necessary to publish and distribute any User Material made available by You through the Shopert Site and that such User Material conforms to the requirements and restrictions contained herein. You agree to indemnify and hold Shopert, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Your access to the Shopert.com website, use of the Site, the violation of these Terms of Use by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
You acknowledge that Shopert does not endorse or guarantee any User Material and You may not state or imply any such endorsement or guarantee. Shopert does not guarantee any User Material and does not guarantee that any User Material will be made available on the Site, whether continuously or at all. You agree to not use the Site to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, any one from our company, moderator, personality or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You acknowledge that we may not pre-screen Content, but that we and our Editors and other designees shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, we and our Editors and other designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in any of our public forums, and in all other parts of the Site.
The Site (including without limitation, any content, documents or other information made available through the Site) may not be used in connection with any commercial purpose(s), except as specifically approved in writing by Shopert. Any unauthorized use of the Site is expressly prohibited.
You promise not to use the Site for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws).
You agree that You will not: (i) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (ii) take any action that imposes, or may impose in Shopert's sole discretion an unreasonable or disproportionately large load on Shopert's infrastructure; (iii) bypass any measures Shopert may use to prevent or restrict access to the Site, other accounts, or computer systems or networks connected to the Site.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Site in a manner which sends more request messages to the Shopert server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials that we may make publicly-available, but not caches or archives of such materials; provided that, we reserve the right to revoke these exceptions either generally or in specific cases. Further, You shall only be permitted to be connected to the Site for a reasonable amount of time, e.g. no more than a typical person would normally need to read, view, submit materials and learn from the Site. Shopert reserves the right to monitor Your usage of the Site and terminate Your access at any time upon reasonable suspicion of the foregoing improper uses.
TERMINATION
You may cancel Your account at any time by contacting Customer Support. We can cancel Your account or otherwise refuse service to You at any time for any reason (including repeat infringement) with or without notice, effective immediately. Shopert.com may choose to assume that You intended to terminate Your account if You do not access it for more than 6 months. Following termination of Your account for any reason (including inactivity), (1) at their sole option, Shopert.com and its licensees may continue or stop publicly displaying some or all of Your content.
PRIVACY POLICY
Your use of the Site is subject to Your acceptance of our Privacy Policy. Please read the Privacy Policy on http://www.Shopert.com/page/Privacy for disclosures pertaining to the collection and use of Your personal information. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, You agree that You will first review our Privacy Policy prior to making any initial or subsequent purchases. While Shopert.com takes reasonable steps to safeguard and to prevent unauthorized access to Your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to Your private information. In no event shall Shopert.com or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to Your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Shopert.com was given actual or constructive notice that damages were possible.
RELEASE
As a convenience for its users, Shopert may provide links on this website to other websites owned by third parties. Unless otherwise stated, Shopert does not endorse or control these third parties and takes no responsibility for them or their websites. Because we are a venue, in the event that You have a dispute with one or more users (including merchants) of the Shopert.com, You, on behalf of Yourself (and any of Your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Shopert.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, You knowingly and voluntarily waive any protection that You might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, You hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
NO WARRANTIES
Shopert and the Site are provided "as is," without express or implied warranty or condition of any kind, and Shopert explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree not to hold Shopert liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
LIMITATION ON DAMAGES
You acknowledge that Shopert or any of its suppliers will not be liable to any party for direct, indirect, special or other incidental damagers arising from the use of the site, whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operation or transmissions or any other cause, even if Shopert or its suppliers have been advised of the possibility of such damages.
EXPORT AND INTERNATIONAL USE
Shopert makes no representations that the Site is appropriate or available for use in other locations than its facilities in the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California, United States of America for any claim or action arising out of or relating to these Terms of Use or Your use of the Site. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation. . If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
MISCELLANEOUS
You may not revise or amend these Terms of Use without the prior written authorization of an officer of Shopert. These Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. If any provision of these Terms of Use is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and will not affect the legality and enforceability of the other provisions of these Terms of Use. No delay or failure by Shopert to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. Without Shopert's prior written consent these Terms of Use are not assignable, transferable or sublicensable by You. Shopert may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and You do not have any authority of any kind to bind Shopert in any respect whatsoever.
DIGITAL MILLENIUM COPYRIGHT ACT
Digital Millennium Copyright Act (the "Act"), Shopert will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Site and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Shopert will terminate the infringing customer's account. Shopert may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. If you believe that your copyright has been infringed through the Shopert website, please contact the following:
Shopert Inc.
3655 Torrance Blvd
Torrance, CA 90503
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
