Terms of Use
Thank you for choosing ShopWith.It, a service of Marxent Labs. Your privacy is important to us. We will never share or sell any personally identifiable information with any third party. You may access our Privacy Policy at http://shopwith.it/privacy.
The following Terms of Use (“Terms”) govern Your (“You”, “User”, “Users” or “Your”) use of the ShopWith.It application, website or service (“App” or “Service”) and our (“We”, “Us” or “Our”) commitment to You. Continued access requires compliance with these terms by all Users. By accessing the App, You agree to these Terms. We retain the right to discontinue a User’s access to the App if, in Our sole discretion, We believe You are not acting in accordance with these Terms.
The Service
Our Service is a smartphone application that enables users to scan product barcodes and take photos of products in order to share their shopping experience with their friends and other shoppers, as well as access product-specific information. You may download and install a copy of the ShopWith.It App on Your mobile device for Your personal and non-commercial use only. You may not copy, modify or distribute the App for any reason. You may not Use the App in any unlawful manner. No licenses or rights, including intellectual property rights, are granted to You by Us or our licensors. The App is available to You free of charge. We retain the right to modify Our Service and these Terms at any time and without prior notice.
App Content
You may Use the App to post comments, upload photos and other types of content (“Content”). By doing so, You grant Us (and our successors) a worldwide, royalty-free, and transferable license to use the Content in connection with the Service. If You post images or other such content in the App, they may be viewed by and shared with others as determined by Your communication choices and preferences. You may control Your communication settings by accessing “preferences” within the App.
Your Account
The App offers You the ability to create an account Using Facebook Connect and directly with Us. You must be at least 13 years old to use the Service. Ask your parents for permission to use the Service if you are younger than 18. You are responsible for safeguarding Your password and activity associated with Your account. Please notify Us if there is any unauthorized use of Your account. We are not liable for any loss or damage if You do not comply with these Terms. You agree that the information You provide Us is true and accurate.
You maintain control over all messaging within the app and what You receive via email or other mediums. You may opt out of these communications at any time. We retain the right to notify You of important service announcements. You are aware that any data or messaging fees charged by Your mobile carrier are Your responsibility.
Privacy
We collect defined personally identifiable information from You as detailed in our Privacy Policy which is part of these Terms. When You Use the App, We have access to Your Usage as You send and receive content. You agree that We may collect and Use this information as defined in our Privacy Policy.
Accepted Behavior
You agree not to submit any Content that: violates anyone else’s rights or can be considered spam; publish false information; submit any Content that is unlawful, obscene, defamatory, libelous, threating, pornographic, harassing, hateful, offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements, or other solicitations; or impersonate any other person.
We do not endorse any Content Content or opinion, recommendation, or advice expressed by You or other Users. We disclaim any and all liability in connection with any Content. We reserve the right to decide if Content is appropriate and complies with these Terms, and We may remove such Content and/or terminate Your access for uploading Content in violation of these Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting, publishing or otherwise making available Content that is believed to violate these Terms.
Other Restrictions
The App may be accessed for lawful purposes only. You agree not to, and to not encourage anyone else to, engage in any conduct that is inconsistent with the purposes of the Service. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with Your use of the App. Additionally, You agree not to: collect personal data about other Users; post, email or transmit any viruses to other computer code that may interrupt, destroy, limit the functionality of the Service, or interfere with the access of any user to the Service; circumvent, disable or otherwise interfere with security related features of the Service that prevent or restrict use or copying of any Content; use any meta tags or other hidden text or metadata using Our name, trademarks, URL or product names; use manual or automated software, devices, scripts, robots or other means or processes to access any Web pages contained in the Service; actually access the Service by any means other than through the App; probe, scan or test the vulnerability of the App or breach or impair or circumvent any security or authentication measures protecting the Service; decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of the Service; use the Service in any way that competes with Us; or encourage or instruct any other individual to do any of the foregoing.
Incentive Programs
From time to time, such as during a “beta” or testing period, We may encourage users to participate in a survey or provide feedback with an incentive program (“Incentive Program”). Incentives are not guaranteed, may be available for a limited time, may be limited by the total number of incentives given, or other applicable limitations. We reserve the right to discontinue an incentive program at any time without prior notice. Terms and conditions associated with the redemption of gift cards are subject to the terms of respective retailers. You may only receive one (1) incentive during each Incentive Program. Users attempting to earn or redeem multiple incentives may have their account terminated at Our sole discretion. We reserve the right to cancel, suspend and/or modify an Incentive Program, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the program, as determined by Us in our sole discretion. We reserve the right, in Our sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of an Incentive Program. Any attempt by any person to deliberately undermine the legitimate operation of an Incentive Program may be a violation of criminal and civil law, and, should such an attempt be made, We reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
We are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Incentive Program; technical failures of any kind, including, but not limited to: (1) malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (2) unauthorized human intervention in any part of the entry process; (3) technical or human error which may occur in the administration of the Incentive Program or the processing of entries; (4) late, lost, undeliverable, damaged or stolen mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Incentive Program. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is to contact us at info@shopwith.it. We are under no obligation to provide a replacement incentive.
Copyrighted Content
It is Our policy to terminate Your access to the App if You infringe on the copyright rights of others upon receipt of proper notification to Us by the copyright owner. If You believe that Your work has been copied and posted on the App in a way that constitutes copyright infringement, please send us an email at info@shopwith.it detailing the copyrighted material in question.
Termination
You may terminate Your account at any time and for any reason by sending Us a notice. Upon any termination, Your account will no longer be accessible. Any termination will not affect Your obligations under these Terms. We may terminate Your access to the Service and remove any material You have submitted at our sole discretion and without prior notice to You. Upon termination, all rights granted to You under these Terms will immediately cease. We will not be liable to You for termination of the Service. We have no obligation to maintain any information stored in our database related to Your account.
Ownership
The Service is protected by copyright, trademark, and other laws of the United States. We exclusively own all right, title and interest in and to the Service, including associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporate in or accompanying the Service. Any suggestions You may provide for improvements to the Service will be Our sole and exclusive property and You hereby irrevocably assign all of Your right, title and interest to Us.
Third Party Services
Our Service contains services provided by third parties. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies, or legality of, and We do not endorse their content, products or services. You are solely responsible for and assume all risk arising from Your use of any third party services. Pricing information is provided by third parties and participating retailers and may not always be accurate or current.
Our Service makes use of product search solutions from Retailigence Corp. You may access their terms of service at http://www.retailigence.com/useragreement/ and their privacy policy at http://www.retailigence.com/privacy/. All Retailigence copyright and intellectual property is the property of Retailigence Corp.
Our Service makes use of product barcode scanning from ShopSavvy. Visit http://www.shopsavvy.com/ for for terms of use and privacy information.
Our Service makes use of Facebook Inc. products. You may access their terms of use athttp://www.facebook.com/terms.php and their privacy policy athttp://www.facebook.com/about/privacy/. We also adhere to the terms of Facebook’s Developers Policy, which can be found at http://developers.facebook.com/policy/. In accordance with this policy, We do not collect Facebook usernames or passwords; We support a logout function; We do not link Facebook data to a competing social network; We do not use Facebook IDs for uses outside of Our App; we do not knowingly promote alcohol, tobacco, gambling or pornographic products; and We do not use Facebook messaging to communicate directly with users. All Facebook copyright and intellectual property is the property of Facebook Inc.
Our Services makes use of Zebra Xing barcode software from Google Inc. and we adhere to their terms of use and privacy policy. You may access their terms of use athttp://code.google.com/projecthosting/terms.html and their privacy policy athttp://www.google.com/intl/en/privacy/. All Google copyright and intellectual property is the property of Google Inc.
Other Disclaimers
Your use of the Service is at Your sole discretion and risk. We will not be responsible for any harm to Your computer or mobile device, loss of data, personal injury, property damage, or any other harm that results from Your use of the Service. We do not make any warranties: regarding the security, accuracy, reliability, timeliness and performance of the Service; or that the Service will be error-free or that any errors will be corrected. You are solely responsible for any access or usage charges charged by Your wireless carrier related to any device that You use to access or use the Service. We are not responsible for: incorrect or inaccurate transcription of information; problems related to any of the equipment or software associated with the Service or used by you; human error outside our reasonable control; any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission; or problems relating to inability to access the Service.
We disclaim all liability for any technical failures or errors of, on, or connected to the Service, including but not limited to any messages sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures swiftly upon discovering them. If You think You have received messages in error or experience other technical failures, please contact Us immediately.
Our Service is provided on an “AS IS” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Indemnity
You agree to defend, indemnify, and hold Us, Our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with: Your access to or use of the Service; Your violation of the Terms; or Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are in a jurisdictions that does not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
General
The Terms shall be governed by Florida law, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be finally settled by arbitration in Hillsborough County, Florida, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. The prevailing party in any arbitration or other proceeding arising under the Terms will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, We have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The Terms are the entire agreement between You and Us concerning the Services. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service at any time, or modify the Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on Our Website. If any modified terms and conditions are not acceptable to You, Your sole remedy is to cease using the Services. By continuing to access or use the Services after We have posted the new terms and conditions on the site, You agree to be bound by such changes.
Last updated as of: November 15, 2011
