ShopWiki.com Terms of Use

Effective Date: March 30, 2011

Welcome! These Terms of Use (the "Terms of Use") govern your use of ShopWiki.com (the "Site"). Your access to, and use of, the Site and the services made available on the Site (the "Services") are subject to these Terms of Use. The terms “ShopWiki”, "we", "us", or "our" shall refer to ShopWiki Corp. and its subsidiaries, affiliates and parent companies. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use and you are consenting to have your personal data transferred to and processed in the United States. We may change or modify these Terms of Use at any time and such changes or modifications will come into effect immediately upon posting to the Site. We will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Services or the Site after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Eligibility

The Site is available only to users who can form legally binding contracts under applicable law. Any registration by, use of or access to the Site by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 14 years of age or older and that you are fully able to enter into and abide by all of the terms and conditions of these Terms of Use.

Search Results and Content

When you enter a search term into the ShopWiki shopping search engine, the Site displays the results of your search. Such search results consist of offers from online merchants and other third parties on the Internet. We do not independently verify the accuracy of any of the information included in our search results. You agree and acknowledge that we make no representation or warranty with regard to any information that appears on the Site or that is linked to by the Site. It is your responsibility to verify pricing, product availability and product description with the online merchant. Offers from these vendors are subject to change at any time, and may have many additional restrictions and limitations. Please carefully review the terms and conditions of any offers found on the Site. !We do not sell, resell or license any of the products that appear on the Site and we are not an agent for the sale of any such products. We simply connect users to third party online merchants. Users transact business directly with such merchants. You acknowledge that we have no responsibility or liability for any products that you purchase from, or any dealings you might have with, an online merchant listed in our search results. You agree that you will contact the online merchant directly for customer service, technical support and any other inquiries regarding your purchase, and the bank or other payment processor regarding any payment issues. !You acknowledge that we do not warrant that any of the content on the Site is accurate, update, complete, or reliable, and that we assume no liability for any inaccuracies in, or the incompleteness of, any of the search results, product reviews, ratings, buying guides or other content appearing on the Site.

Third Party Sites and Third Party Content

The Site contains links to thirdparty vendors. We have no control over, and we assume no responsibility for, the content, privacy policies or business practices of any third party sites or any third party content contained on the Site. A search using the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any third party site. By using the Site and Services, you expressly release us from any and all liability arising from any search results, third party sites, content provided by third parties and any products provided by third parties. Neither these Terms of Use nor the ShopWiki Privacy Policy apply to any third party sites. You should review the applicable terms and policies of any third party site before using it.

Personal Use Only

The Site and Services are made available for your personal, nonsearch" the Site. If you want to make commercial use of the Services, you must enter into a written agreement with us to do so in advance.

Privacy Policy

Click here to review the ShopWiki.com Privacy Policy.

Content Submission

Users are encouraged to contribute content to the Site, whether in the form of reviews, comments, information, edits to existing content, ratings, video content or suggestions. With respect to any such content that you might contribute, you represent and warrant that (a) you are the sole owner of such content, (b) you have all necessary rights to contribute such content and (c) none of your contributed content is subject to a confidentiality obligation. You grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, use, copy, modify, create derivative works from, delete, display, publish, distribute and sell such content, and to incorporate such content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. !We request that you do not contribute any content that you post on the Site to other shopping sites. If you choose to republish your content, we request that you republish your content by linking to the relevant page of ShopWiki.com. You acknowledge that we have the right, in our sole discretion, to modify or delete any contributed content at any time. !You agree that you will not contribute content to the Site that contains: *False, inaccurate or misleading information; *Defamatory, libelous, pornographic, violent, hateful or otherwise offensive statements; *Personal information about another person, such as name, address, email address or phone number; *Advertising or commercial content; *Viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system or data; or *Content for which you receive compensation or other consideration from a third party. !User Conduct; General Practices !You agree that you will not: *Remove any copyright, trademark or other proprietary rights notice contained on the Site or on any material downloadable from the Site; *Harvest or collect information about other users; *Frame the Site, place pop-up windows over its pages, or otherwise affect the way the Site is displayed, unless you have first received our express written permission; *Add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Site; *Use the Site to harass others; or *Decompile, reverse engineer, or disassemble the Site, its contents or technology. !You agree not to use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, or to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. !You acknowledge, consent and agree that we may access, preserve and disclose your account information and user 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 these Terms of Use; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety and those of our users and the public. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. !You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

No Representations or Warranties

WE ARE NOT RESPONSIBLE FOR ANY CONTENT, OFFERS, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ERRORFREE NATURE OF THE SITE OR THE SERVICES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA, THAT ARISE IN WHOLE OR IN PART FROM THE SITE OR THE SERVICES, OR THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, OR THE CONTENT CONTAINED ON, OR LINKED TO BY, THE SITE, OR FAILURE TO PROVIDE THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

Indemnification

You agree to defend and indemnify ShopWiki Corp., its affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees), brought by third parties as a result of (a) your breach of these Terms of Use; (b) your violation of any law or the rights of any third party; (c) your use of the Site or the Services or any products or product offers found on the Site.

Governing Law; Other

The laws of the State of Deleware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Deleware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Deleware.