Our Sites are made available free of charge.
We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
HOW YOU MAY USE OUR SITES
We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
In connection with viewing and using the Sites, you are only permitted to download onto a single computer or smartphone one copy of the materials posted on the Sites for your personal reference and/or informational purposes only. You are not permitted to: (i) resell or use the Sites or their contents for commercial purposes; (ii) collect and use any product listings, descriptions, or prices; (iii) download or copy information for the benefit of another merchant; (iv) use data mining, screen scraping, or similar data-gathering and extraction tools; (v) modify the paper or digital copies of any materials you have printed off or downloaded in any way, nor (vi) use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. All other rights are reserved.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Any unauthorised access, modification, or change of any information, or any interference with the availability of or access to the Sites is strictly prohibited.
CONTENTS AND HYPERLINKS
The Sites may contain hyperlinks to websites belonging to our other group companies and third parties, which are the sole responsibility of those group companies or third parties. Any and all use of those websites is solely at your own risk. We have no control over the content or policies of those websites, and we are not responsible (and under no circumstances shall we be liable) for the contents, accuracy, or reliability of any those websites. A description or reference to a third party’s (including a group company’s) product, service, information, or publication on the Sites (including any description or reference via hyperlink) does not imply any endorsement whatsoever by Shopmium of that product, service, information, or publication.
Links to the Sites from third party sites are permitted only upon approval from Shopmium. Please contact us at email@example.com to seek such approval.
Our Sites may include information and materials uploaded by other users of the Sites, including reviews of the products on offer. This information and these materials have not been verified or approved by us. The views expressed by other users on our Sites do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org.
UPLOADING CONTENT TO OUR SITE
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain the ownership rights in your content, but you are required to grant us and other users of our Site a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload (see below).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in Code of Acceptable Conduct (see below).
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Sites, you grant us the following rights to use that content:
- To Shopmium and its affiliates and agents, a perpetual, irrevocable, fully transferable, fully paid, non-exclusive, royalty-free licence, to use, reproduce, modify, create derivative works from, display, store, adapt, publish, translate, display and distribute your content, along with your name and likeness, throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way. You also hereby waive any moral rights you may have in any such material and/or content.
- To third parties, a limited license to use the content for their purposes or in accordance with the functionality of the Sites.
CODE OF ACCEPTABLE CONDUCT
You may only use our Sites for lawful purposes. When using the Sites, you promise that you have proper right and authorization to use any information or content that you upload or post, and agree to comply with the following code of acceptable conduct:
- You will not transmit, upload, post, or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content inappropriate and unauthorized inputs and uploads include, without limitation, Trojan horses, worms, time bombs, cancelbots, and other unauthorized computer programming routines or any other harmful programs or similar, computer code designed to adversely affect the operation of any computer software or hardware.
- You will not upload or post viruses, harmful components, or any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any computer system, the Sites, or its components.
- You will not use the Sites in any way that breaches any applicable local, national or international law or regulation nor to further any unlawful or fraudulent purpose or to violate the rights of any party.
- You will not upload, transmit, or procure the sending of, or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods or services on the Sites or any other form of similar solicitation (spam).
VIRUSES AND NO RELIANCE
Shopmium makes no statements or promises that the Sites are free of defects, errors, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Sites or Shopmium’s computer systems. Although we make reasonable efforts to update the information on our Sites, the pages on the Sites may contain technical inaccuracies, outdated information, and typographical errors. You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES.
EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS.” SHOPMIUM DOES NOT MAKE ANY STATEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY RELATING TO NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTORY QUALITY, WITH RESPECT TO THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES. WE DO NOT PROMISE THAT DEFECTS ON THE SITES WILL BE CORRECTED.
LIMITATIONS OF LIABILITY
Shopmium does not exclude liability for death or personal injury caused by our negligence or that of our employees and agents nor for fraudulent misrepresentation by us or our employees or agents.
Please note that we only provide our site for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
JURISDICTION AND CHOICE OF LAW
Shopmium controls and manages the Sites from its facilities in France. Unless otherwise stated, materials and content on the Sites are presented solely for promoting products in the United Kingdom. Information published on the Sites may contain references to products, programs, and services that are not announced or available in your country or region. We make no statements that such information, products, programs, or services referenced on the Sites are legal, available, or appropriate in your country or region.
TRADEMARKS AND COPYRIGHTS
The Sites are protected by intellectual property laws around the world, including copyright and trademark laws. All our rights under those laws are reserved. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any and all applicable end-user license agreements. All brands and names are the property of their respective owners. You are not permitted to use them without our written approval. Except as otherwise noted, Shopmium or our affiliates own all trademarks and service marks on the Sites, whether registered or not.
HOW WE MAY USE YOUR PERSONAL INFORMATION
ADDITIONAL TERMS WHICH APPLY ONLY IF YOU DOWNLOAD THE SHOPMIUM APPLICATION FROM THE APPLE APP STORE
If you have downloaded the Shopmium application (the “App”) from the Apple App Store, the following additional terms will apply:
You and we acknowledge that Shopmium, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.