Terms of Service
READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. USING THE SERVICE OR ANY PART THEREOF INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE SERVICE OR ANY PART THEREOF IF YOU DO NOT ACCEPT THESE TERMS. CHANGES.
We may alter the Materials and services We offer You through the Service and/or choose to modify, suspend or discontinue the Service at any time. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.
To the extent permitted by applicable law, Shopinian disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the published material on this site
Some hyperlinks contained in this site may lead to websites, which are not under the control of Shopinian. We have no control over and will accept no responsibility or liability in respect of the material on any website, which is not under the control of Shopinian .
By using the Service, You promise that You are at least 18 years of age. If you are not 18 yet, you may not access or use any part of the Service and you are authorized by Your employer to enter into this agreement on behalf of said employer. .
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to access and use the Service for individual, consumer purposes. Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Service or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner. If You make copies of any of the Service then We ask that You be sure to keep an eye on the copies all of Our copyright and other proprietary notices as they appear on the Service.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed materials (and any copies thereof).
By using the Service, both parties consent to receiving electronic communications from the other party. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of Your relationship with Us. Both parties agree that any notices, agreements, disclosures or other communications that We sent between parties electronically will satisfy any legal communication requirements, including that such communications be in writing.
To be clear, We authorize Your use of the Service only for Permitted Purposes. Any other use of the Service beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Service. This is because, as between You and Us, all rights in the Service remain Our property.
Unauthorized use of the Service may result in violation laws. When using the Service, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to not to use the Service:
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Service; In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; To stalk, harass, or harm another individual; To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; To interfere with or disrupt the Service or servers or networks connected to the Service; To use any data mining, robots, or similar data gathering or extraction methods in connection with the Service Through any means other than through the interface that is provided by Shopinian for use in accessing the Service; or To attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.
Remember, these are examples only and the list above is not a complete list of everything that You are not permitted to do.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
You also release, waive, discharge and promise not to sue or bring any claim of any type against Us for any loss, damage or injury relating in any way to the Service or any part thereof.
Each party agrees to defend the other party, its corporate affiliates, and their respective agents, officers, directors, shareholders, partners, employees and licensees, and each of their successors and permitted assigns (collectively, the “Indemnified Parties”) and hold each of them harmless from and against any and all claims and demands (collectively, “Claims”), brought by a third party based upon or arising in any manner, directly or indirectly, out of or in connection with such party’s breach of its representations, warranties or obligations as provided in these Terms. The indemnifying party shall pay all damages finally awarded or paid in settlement of any such Claims. The Indemnified Parties must notify the indemnifying party promptly in writing of any claim for indemnification hereunder, and provide, at the indemnifying party’s expense (to the extent of out-of-pocket expenses only), all reasonably necessary assistance, information and authority to allow the indemnifying party to control the defense and settlement of such claim; provided that the failure of the Indemnified Parties to promptly inform the indemnifying party of any Claim shall not excuse the indemnifying party of its obligations hereunder except to the extent such failure materially prejudices the indemnifying party. Notwithstanding the foregoing, the indemnifying party shall not enter into any settlement of the defense of such action, without the Indemnified Party’s prior written consent, which consent shall not be unreasonably withheld or delayed. The Indemnified Party may participate at its expense in the defense and/or settlement of any such action with counsel of its choosing and at its sole expense.
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Service are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Shopinian owns all intellectual property rights in the Materials.
Copyright in these pages is owned by Shopinian and/or Shopinian except where otherwise indicated by a third party's own notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any way without written permission of their owners.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of someone’s intellectual property rights.
DISCLAIMER OF WARRANTIES
THIS SERVICE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS". THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Service will meet Your requirements or that the Service will be uninterrupted, timely, secure, or error free or that defects in the Service will be corrected. We make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. No advice or information, whether oral or written, obtained by You through the Service or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
EXCEPT WITH RESPECT TO WILLFUL MISCONDUCT, THE INDEMNIFICATION OBLIGATIONS AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR ANY PART THEREOF, OR FROM YOUR DISPLAYING, COPYING, UPLOADING, LINKING OR DOWNLOADING ANY MATERIALS OR CONTENT TO OR FROM THE SERVICE. EXCEPT WITH RESPECT TO WILLFUL MISCONDUCT, THE INDEMNIFICATION OBLIGATIONS AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Any feedback that You provide to Us about the Service (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Republic of Ireland govern these conditions of use and you agree that the Irish courts shall have exclusive jurisdiction in any dispute.
By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Service. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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