PLEASE READ CAREFULLY
All content included on the Site, including without limitation text, graphics, designs, logos, icons, presentations, videos, data, instructions, photographs, and software (the “Materials”), is the property of Shopoffl or its licensors, including other users of the Site. The Materials are protected by copyright, trademark and other intellectual property laws.
SHOPOFF and other trademarks, service marks and logos that we use are trademarks of Shopoff. Your use of any of the trademarks displayed on this Site without express written permission from Shopoff is strictly prohibited.
Your comments, suggestions and information are important to us. With respect to any content you submit to the Site or otherwise make available to Shopoff (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to Shopoff a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.
In the event that you submit or post any creative suggestions, proposals, or ideas about our Services or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
USER CONTENT IS NOT PRESCREENED
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
Shopoff respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Site in a way that constitutes copyright infringement, then please contact us at [email address here] and provide the following information: (i) A description of the copyrighted work that you believe has been infringed; (ii) A description of what the allegedly infringing work is; (iii) A description of the location where the allegedly infringing work is located on the Website; (iv) An address and telephone number where you can be contacted, including an email address if possible; (v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and (vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
TRADEMARK INFRINGEMENT NOTICE PROCEDURE
If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us at [email address here] and provide the following information:
(i) The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number. (ii) The jurisdiction or geographical area to which the mark applies. (iii) The name, post office address and telephone number of the owner of the mark identified above. (iv) The goods and/or services covered by or offered under the mark identified above. (v) A description of the manner in which the you believe your mark is being infringed upon. (vi) The precise location of the infringing mark.
LINKS TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair, clearly identifies Shopoffl, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
REPRESENTATIONS AND WARRANTIES
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. SHOPOFF DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. SHOPOFF ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. SHOPOFF ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.
LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPOFF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
D. LIMITATIONS ON CLAIMS
Any cause of action or claim you may have with respect to Shopoff or the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
E. NO WAIVER
G. ENTIRE AGREEMENT