Shopping.com User Agreement
May 25th, 2005
This User Agreement (or "Agreement") is a legal agreement between you and Shopping.com, Inc.
("Shopping.com" or "us") governing your participation on the Shopping.com site and its sister sites
(including Epinions.com, DealTime.com, PriceTool.com and all co-branded versions of these sites),
which are referred to collectively as the "Shopping.com Network." By using, accessing or registering as
a member of the Shopping.com Network, you agree to be bound by and hereby become a party to all the terms
of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use
the Shopping.com Network.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send
you the email, or by posting the amended terms on the Shopping.com Network, which take effect when we post them.
By continuing to access or use the Shopping.com Network after any such amendment, you agree to be bound by the
terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
A Note About Minors
The Shopping.com Network is not targeted towards, nor intended for use by anyone under the age of 18.
By using the Shopping.com Network, you represent and warrant that you are 18 years of age or older.
If you are not at least 18 years of age, do not use, access or register for the Shopping.com Network.
We reserve the right to terminate your membership in the event that Shopping.com becomes aware you are under 18.
Membership
You may become a "Member" of the Shopping.com Network, which may grant you additional privileges, by
completing the membership application form and clicking
here or become a
member of the Epinions website by clicking
here.
Becoming a Member allows
you to post content on the Shopping.com Network. You agree as a condition of use and membership that we may
contact you for the purpose of informing you of changes to this Agreement or describing new services available
on the Shopping.com Network. You are responsible for safeguarding the password that you use to access any secure
areas of the Shopping.com Network. You agree not to disclose your password to any third party. You agree to take
sole responsibility for any activities or actions under your password, whether or not you have authorized such
activities or actions. You will immediately notify Shopping.com of any unauthorized use of your password.
Content
Shopping.com provides a number of different services to
assist you in comparison shopping for products.
Shopping.com provides information regarding products and third party merchants, and links to third party merchants
that are selling listed products. Shopping.com is paid by merchants or other third parties to list products on the
Shopping.com Network. The products listed on the Shopping.com Network are sold by third party merchants, and are
not sold by Shopping.com.
Shopping.com does not sell, resell or license any products listed on the Shopping.com Network, nor is Shopping.com
acting as an agent of sale. Shopping.com disclaims any responsibility for, or liability related to, such products
(see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate
merchant or seller.
Shopping.com does not warrant that product descriptions, pricing, editorial commentary or any other content of the
Shopping.com Network, regardless of its source, is accurate, complete, reliable, current or error-free. Shopping.com
Network content is provided for informational purposes only and does not constitute an endorsement by Shopping.com
of any product, merchant, seller or service. You should not rely on such information in situations where its
inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below).
Shopping.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content,
user ratings (e.g. user merchant rating, user product rating) or other content on the Shopping.com Network.
In general, sales taxes and shipping costs are estimates based on the geographical location of your IP address.�
You should provide your actual zip code if you would like to improve the accuracy of the sales tax and shipping
cost estimates. Please check with merchants for exact shipping costs.
Consumer reviews and ratings on the Shopping.com Network are from our members who have elected to post a review
on the Shopping.com Network. As such, these reviews and ratings are informative for those wishing to use them,
but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay Shopping.com to be presented on the Shopping.com Network
or to have their product or service offerings placed higher in our search results, and may also purchase research
from Shopping.com, but in no event do such payments affect the reviews or ratings given to any merchant by
participating members.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial
purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the
Shopping.com Network, and any other content appearing on the Shopping.com Network, will remain the exclusive property
of Shopping.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or
prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or
otherwise use the Shopping.com Network, or any other content appearing on the Shopping.com Network. You may not
copy or modify the HTML code used to generate web pages on the Shopping.com Network. You may not use the Shopping.com
Network, or any other content appearing on the Shopping.com Network, on or in connection with any other website, for
any purpose.
Content Submission
By contributing or submitting any content to the Shopping.com Network, you warrant that you are the author and
owner of the intellectual property rights thereto, and you grant Shopping.com a worldwide, perpetual, irrevocable,
royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish,
translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such
materials into any form, medium or technology without compensation to you. In addition, you warrant that all
"moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials
shall be subject to any obligation of confidence on the part of Shopping.com, its agents, subsidiaries, affiliates,
co-brand partners or other partners and their respective directors, officers and employees. Shopping.com reserves
the right to change, condense or delete any content on the Shopping.com Network that Shopping.com deems, in its
sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or
offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references addresses, email addresses,
contact information or phone numbers;
or that contains any computer viruses, worms or other potentially damaging computer programs
or files.
In addition, you agree to comply with Epinions' Site Rules,
which are deemed to be incorporated into this Agreement.
You retain all ownership rights to information, text, graphics, or other materials you publish on the Shopping.com Network.
However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others
to do the same. You can edit or remove your content from the Shopping.com Network at any time; but if we have distributed
your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links
to the Shopping.com Network if you choose to republish your content elsewhere and that you do not publish the same items
of content on both the Shopping.com Network and other product or price comparison sites.
Copyrights
All content available on the Shopping.com Network, including site design, text, graphics, interfaces, and the selection
of arrangements thereof is copyrighted by Shopping.com Ltd., with all rights reserved, or is the property of Shopping.com
or third parties protected by intellectual property rights.
Epinions®, DealTime® , PriceTool.com and Shopping.com are service marks of Shopping.com. Shopping.com's service
marks/trademarks may not be used in connection with any product or service that is not provided by the Shopping.com Network,
in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Shopping.com.
If you believe content on the Shopping.com Network infringes your copyright, you should send notice of copyright infringement
to Shopping.com's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act
(as required under 17 U.S.C. §512) by providing the following information:
1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. 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
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that
you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature
The notice should be mailed to:
Shopping.com, Inc.
Attn: Copyright Agent
8000 Marina Boulevard
Third Floor
Brisbane, CA 94005
U.S.A.
Or via fax to: 650-616-6612 (Attn: Copyright Agent)
Upon receipt of notice as described above, Shopping.com will take whatever action, in its sole discretion, it
deems appropriate, including removal of the challenged content from the Shopping.com Network.
Trademarks
Shopping.com is not in a position to arbitrate trademark disputes between the advertisers on the
Shopping.com Network and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes
directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
Similarly, Shopping.com does not control and assumes no responsibility for content that appears on a third party's
website that may be accessed via the Shopping.com Network, and trademark owners should contact third party sites
directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation
of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection
to content corresponding to your trademark on the Shopping.com Network that is consistent with the foregoing,
or you believe that we have improperly used your registered trademark to promote the Shopping.com Network
on a third party website, please provide the following information in a signed letter on company stationery:
1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant federal
trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line
of the ad or other identifying information). Please indicate if your complaint is limited to specific
advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content,
please list the company names in your letter.
6. Include the following statement: "I have a good faith belief that use of the trademarks
described above with the advertisements described above are not authorized by the trademark owner or its agent,
nor is such use otherwise permissible under law."
7. Include the following statement: "I represent that the information in this notification is true and correct
and that I am authorized to act on behalf of the trademark owner."
8. Your signature
Please send this written communication with the above information to the following address:
Shopping.com, Inc.
Attn: Trademark Complaints
8000 Marina Boulevard
Third Floor
Brisbane, CA 94005
U.S.A.
Or via fax to: 650-616-6612 (Attn: Trademark Complaints)
Notwithstanding the foregoing, Shopping.com will comply as appropriate with the terms of any court order relating
to the behavior of the challenged party identified in such court order.
Eroyalties
If you are 18 or older, you may accrue Eroyalties pursuant to the terms of the
Eroyalties
Program which are hereby incorporated by reference. Regardless of your Eroyalties balance on the site, all Eroyalties are subject
to our verification and approval. Among other reasons, we may disapprove Eroyalties if your account terminates or is
suspended or if we suspect fraud. Thus, you should not consider Eroyalties "earned" until we have approved your
redemption request for payment. All redemptions will need to comply with applicable redemption and validation
policies (such as when you can redeem and how often, minimum redemption amount, any redemption fees and any
geographical restrictions). Eroyalties are not transferable; we will issue checks only in the accountholder's name.
We are not responsible for fraudulently redeemed Eroyalties if the redeemer presents your password. You are solely
responsible for paying any taxes on your Eroyalties.
Termination
You can 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).
Shopping.com may choose to assume that you intended to terminate your account if you do not access
it for more than 3 months. Following termination of your account for any reason (including inactivity),
(1) at their sole option, Shopping.com and its licensees may continue or stop publicly displaying some
or all of your content, and (2) all of your existing Eroyalties credits automatically expire, and no
new credits will accrue.
Other Rules
You agree to comply with Epinions' Site Rules,
which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use
of the Shopping.com Network and publishing your content. You may not harvest personal data (including email addresses)
from the Shopping.com Network, and specifically you may not use email addresses displayed on our sites to ask users
to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above
to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users
who violate the terms of this Agreement. You acknowledge that Shopping.com has no obligation to monitor your access
to or use of the Shopping.com Network, but has the right to do so for the purpose of operating the Shopping.com
Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you
may not use any automated means (such as scripts) to access the Shopping.com Network or collect information from it.
Indemnity
By choosing to use the Shopping.com Network, you agree to indemnify Shopping.com, its officers, agents,
partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties
due to, or arising out of Content you choose to submit, post or transmit through the Shopping.com Network; or of your
use of or connection to the Shopping.com Network; your violation of the User Agreement; or, your violation of any
rights of another.
Release
Because we are a venue, in the event that you have a dispute with one or more users of the Shopping.com Network,
you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns),
hereby irrevocably, release and discharge Shopping.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 and/or principles of common law applicable in states other than California as it pertains to the
enforcement of the release in this section.
Liability Limits
SHOPPING.COM INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH
SHOPPING.COM AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH
RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law/Arbitration
This Agreement is governed by California law as such laws apply to Agreements
entered into and to be performed entirely within California between California residents and without regard
to conflict of laws. Any claim arising out of or relating to this Agreement or the Shopping.com Network shall
be settled by binding arbitration in San Mateo County, California in accordance with the American Arbitration
Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not
consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1.
Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall
not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim
relief from a San Mateo County, California court to protect the party's rights or property while arbitration is
pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us,
interference with our technical operations or violations of our rights or property.
Integration
This Agreement, Epinions' Site Rules and our
Privacy Policy, (which is incorporated herein by reference) constitute the entire
Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect
to their subject matters.
Disclaimer of Warranties
THE SHOPPING.COM NETWORK AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND WE 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 site or system will work properly or will be continuously available.
The Shopping.com Network may contain links to third-party websites or resources. You acknowledge and agree that we
are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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. Your correspondence with or participation in
promotions of merchants or advertisers found on the Shopping.com Network, including payment and delivery
of related goods or service, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Shopping.com
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 Shopping.com Network. In addition, Shopping.com does not endorse,
warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan
programs posted by sellers, lenders or brokers. Nothing on the Shopping.com Network constitutes an advertisement for
credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
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.
Assignment
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned
by Shopping.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship.
Because you are not an employee, minimum wage laws do not apply to your relationship with the Shopping.com Network.
Our failure to act in a particular circumstance does not waive our right to act with respect to that or other
circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this
Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the
Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable
to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in
writing and signed by Shopping.com.
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