IMshopping Terms of Service - Merchant Services
Last updated February 2, 2010
IMshopping is an Internet service (the "Service") owned and operated by IMshopping, Inc. (hereafter "IMshopping", "we", "our", or "us"). "You" or "your" means a user of the hosted Merchant Service which allows customers to ask questions on 3rd party merchant sites. "Merchant Customers" means users who ask questions on a 3rd party site other than on IMshopping.com. "Merchant Microsite" is a website that contains exclusive questions, answers, products, images and meta data and is exclusively managed by the Merchant or Merchant agent.
In compliance with the Children's Online Privacy Protection Act of 1998, IMshopping does not accept membership registrations from users who are under 13 years of age. By registering with IMshopping, you represent that you are at least 13 years old.
Your continued use of the Service constitutes your agreement to these Terms of Service, which may be updated by us from time to time without notice to you.
Use of IMshopping Service and Merchant Program
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Service are the sole responsibility of the person or entity from whom such Content originated. If you or Merchant Customers transmit Content to the Service, you understand that all such Content, including uploaded items and product catalog content from the bookmarked pages, is saved on the IMshopping system. Any Content imported from third party services are governed by the rules of these services.
IMshopping does not control or monitor the Content of any user posted to the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IMshopping be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.
IMshopping does not claim ownership of Content you or merchant customers may submit or make available for inclusion on the Service. However, with respect to Content you or merchant customers submit or make available for inclusion on publicly accessible areas of the Service, you grant IMshopping a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific portion of the Service to which such Content was submitted or made available.
Your conduct on our sites
If you choose to provide us registration or other types of information, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else`s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You understand that if you do not comply with the foregoing, IMshopping may suspend or terminate your account and refuse you use of the Service.
You acknowledge, consent and agree that IMshopping may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for Customer Service; or (e) protect the rights, property or personal safety of IMshopping, its users and the public.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The technology and the software underlying the Service and related sites is the property of IMshopping, Inc., our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
The term IMshopping, the IMshopping logo and other IMshopping logos and product and service names are the exclusive trademarks of, and are owned by, IMshopping, Inc., and you may not use or display such trademarks in any manner without IMshopping's prior written permission. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person`s computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, an IMshopping representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your answers and products from the sites, deny you access to the site, or any combination of these actions.
Not Professional Advice
Information provided via the Service is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice in the applicable area before acting on any opinion, advice, or information available on the Service.
Confidentiality; Use of Information
The questions or comments Merchant Customers submit and the responses Merchant Customers receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith.
No Reliance on Term "Expert"
Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant", "Guide", "Assistant", or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering questions has any expertise or qualifications to give such advice. You acknowledge that IMshopping has not and cannot independently verify their qualifications.
Content Linked to by IMshopping
IMshopping cannot and does not screen Merchant sites or Merchant Customer content before including it in your Microsites. Your Microsite may provide links to sites and/or content that some people find objectionable, inappropriate, or offensive. IMshopping assumes no responsibility for the content on any Microsite or otherwise linked to by IMshopping.
Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers, promoters or other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that IMshopping shall not be responsible or 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 third parties on the Service.
Intellectual Property Policy Related to Claims of Infringement
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IMshopping's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
IMshopping's Copyright Agent for notice of copyright or other intellectual property infringement can be reached as follows:
c/o IMshopping, Inc.
4699 Old Ironsides Dr, Suite 450,
Santa Clara, CA-95054
By email: email@example.com
Use of Third Party Images and Content
The images referenced, made accessible or made available to you on these pages or by means of the IMshopping Service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not IMshopping. IMshopping cannot give you authorization to use the copyrighted images. We cannot guarantee that the IMshopping Service will not locate unintended or objectionable content and IMshopping accepts no responsibility or liability for the content of any site included in any IMshopping page or otherwise linked to by the IMshopping services, or for your use of such content. IMshopping reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
You agree to indemnify and hold IMshopping and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your violation of the Terms of Service, or your violation of any rights of another person or entity.
Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, IMshopping disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service, (b) any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, and (c) any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
IMSHOPPING AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IMSHOPPING AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IMSHOPPING SERVICES. IMSHOPPING AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE IMSHOPPING SERVICES. IMSHOPPING AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IMSHOPPING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IMSHOPPING SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IMSHOPPING SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IMSHOPPING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT SHALL IMSHOPPING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE, (b) YOUR DEALINGS WITH OR INFORMATION OBTAINED FROM THIRD PARTIES OR ADVERTISERS AVAILABLE THROUGH THE SERVICE, (c) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU, OR (d) ANY INFORMATION, ADVICE, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IMSHOPPING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall IMshopping or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree that IMshopping may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in IMshopping's sole discretion and that IMshopping shall not be liable to you or any third party for any termination of your account or access to the Service.
Upon termination, IMShopping's worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific portion of the Service to which such Content was submitted or made available will remain in effect.
Modifications To Service
IMshopping reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that IMshopping shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter here of and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by IMshopping.