The Site provides information for prospective and current merchant partners about how eComm Shopping's promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through eComm Shopping's platform. As a condition of your use of the Site, you agree that:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. eComm Shopping retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The content and information on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with eComm Shopping and the Site while it is being transmitted. In addition, eComm Shopping is not responsible for any data lost during transmission.
Everything located on or in the eComm Shopping Sites is the exclusive property of eComm Shopping or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE eComm Shopping SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF eComm Shopping IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The eComm Shopping Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the eComm Shopping Sites are protected by copyright as a collective work under the United States copyright laws. eComm Shopping owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of eComm Shopping or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
eComm Shopping is a trademark of eComm Shopping, Inc. It, together with other trademarks that are located within or on the eComm Shopping Sites otherwise owned or operated in conjunction with eComm Shopping shall not be deemed to be in the public domain but rather the exclusive property of eComm Shopping, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of eComm Shopping unless otherwise stated.
You will not upload, post or otherwise make available on the eComm Shopping Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. eComm Shopping does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the eComm Shopping Sites, you warrant that the owner of such material has expressly granted eComm Shopping the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User's personal use. You also grant eComm Shopping the right to edit, copy, publish and distribute any material that you make available on the eComm Shopping Sites.
eComm Shopping reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the eComm Shopping Sites by an End User in a way that constitutes copyright infringement, you shall provide eComm Shopping with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the eComm Shopping Sites of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
eComm Shopping reserves the right to not publish any content that eComm Shopping determines, in its sole discretion, to be harmful, inappropriate or offensive.
eComm Shopping does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. eComm Shopping is not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond eComm Shoppings control.
IN NO EVENT SHALL eComm Shopping, OUR EMPLOYEES, CONSULTANTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID TO eComm Shopping. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Site may contain links to websites maintained by other parties not affiliated with eComm Shopping. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of eComm Shopping's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. eComm Shopping does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our eComm Shopping Sites are not confidential.
By posting Statements or other information on or through the Communities, you grant eComm Shopping a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
Client agrees that it shall defend, indemnify, save and hold the eComm Shopping harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with eComm Shopping's development of the Client's web site. Client also agrees to defend, indemnify and hold harmless ReOrd against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Any disputes arising from this contract will be litigated or arbitrated in Maricopa County, Arizona. This agreement shall be governed and construed in accordance with the laws of the State of Arizona, USA.