Terms of Service


PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your Agreement

In these Terms of Use, the words “we,” “us,” or “our” refer to Belanja, Inc., doing business as ShopperSeeks (“ShopperSeeks”), and the phrase “our site” refers to our web site located at shopperseeks.com. By using our site, you agree to be bound by these Terms of Use and Privacy Policy. Please do not use our site if you do not agree with these Terms of Use. We may change these Terms of Use at any time. We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of our site after we have posted changes to these Terms of Use means that you agree to be bound by the changes, so please check the Terms of Use regularly for any changes.

Use of Our Site

You may not use our site for any unlawful purpose, or for any purpose that is prohibited by these Terms of Use, including, without limitation, to: (a) solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others; (b) transmit via or through our site any information, data, text, images, files, links, or software except in connection with your authorized use of our site or otherwise in response to specific requests for information by us; (c) introduce to our site or our network any viruses, worms, or other malicious software; (d) impersonate any other person or entity, misrepresent the identity of any user, or use a false e-mail address; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) conduct fraudulent activities; (g) collect or harvest information regarding our users for any reason whatsoever (except as expressly permitted by the site), including, without limitation, for sending such users unsolicited commercial e-mail; (h) interfere or attempt to interfere with the proper operation of our site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means; or (i) engage in any commercial activities except as expressly permitted by the site, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of our site, without notice.

You agree that the confidentiality of your account name and password are your responsibility, and you agree to accept responsibility for all activities that occur under your account name and password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

Privacy Policy

Please refer to our privacy policy for our policy with respect to information that we may collect from you when you use our site.

Framing

You may not frame our site within another web site without our prior written permission.

Membership

The full use of our site is limited to registered members (“Members”). By becoming a Member, you represent that you are thirteen (13) years old or older and that you have provided the information in our registration form completely and accurately. As a Member, you agree to update your account information regularly to maintain its accuracy. We reserve the right to revoke or prohibit your membership for any reason at any time, without notice, including, without limitation, for any violation of these Terms of Use or the Privacy Policy. Membership is void where prohibited by law.

User Content

You understand that all postings, messages, text, links, files, photos, video, sounds, or other materials (collectively referred to as the “User Content”) posted on, transmitted through, or linked from the site, are the sole responsibility of the person from whom such User Content originated. You understand that ShopperSeeks does not control, and is not responsible for User Content made available through the site, and that by using the site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ShopperSeeks makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.

ShopperSeeks does not and cannot review all User Content or other communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, ShopperSeeks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ShopperSeeks reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ShopperSeeks in its sole discretion.

You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion.

You hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed). BY SUBMITTING ANY USER CONTENT TO OR THROUGH OUR SITE, YOU REPRESENT AND WARRANT THAT SUCH USER CONTENT (A) DOES NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS; AND (B) IS NOT LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE. YOU REPRESENT AND WARRANT THAT SHOPPERSEEKS IS FREE TO USE THE USER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SHOPPERSEEKS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.

Our Content

Our site also contains various information in the form of data, text, graphics, and other materials from ShopperSeeks and its third party licensors (“Our Content”), including, without limitation, the trademarks, service marks, trade names and logos of ShopperSeeks or our licensors (collectively, the “Trademarks”). You acknowledge that this site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that Our Content is and shall remain the property of ShopperSeeks or its licensors. No license is granted to you with respect to Our Content other than the right to view Our Content on our site. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any of Our Content, in whole or in part. The Trademarks may not be imitated or used, in whole or in part, in any manner that is not authorized by us, including, without limitation, in any manner that is likely to cause confusion among consumers, that disparages or discredits us or that states or implies that we endorse any third party’s products or services.

Copyright Complaints

If you believe that any of Our Content or User Content on our site violates your or a third party’s copyright, please notify us by providing the following information to us at copyright@shopperseeks.com: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our site; (4) your address, telephone number and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Links to Third Party Websites, Affiliate Links

Our site contains links to third party websites that are posted by us and our users. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those websites, nor do we endorse or make any representations with respect to the contents of those websites or any products finded on those websites or any transactions that occur on those websites. You understand that you use any such websites are your sole risk.

Some of these links to third party websites may be affiliate links (“Affiliate Links”). ShopperSeeks may earn a commission from Affiliate Links based on the number of users of the site clicking the Affiliate Link and/or purchasing a product or service from the applicable third party website. Notwithstanding the foregoing, ShopperSeeks does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Affiliate Link or its respective third party website, or its content or any products, services or other findings made on such third party website. ShopperSeeks assumes no responsibility or liability for the actions, products, services, and/or content of any Affiliate Link or respective third party website.

Warranty Disclaimer

This site and Our Content, User Content, and all other materials and services on this site are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on our site, for any interruptions or errors in accessing our site, or for any viruses or other harmful components contained on our site or the server from which our site is made available. Neither we nor any of our affiliates make any warranties or representations regarding the use of the materials on this site, including, without limitation, any links, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS AND/OR SERVICES POSTED, LINKED TO, OR OTHERWISE DISCUSSED ON OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS AND/OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, these Terms of Use or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with (i) your access to or other use of our site; (ii) a dispute with another Member of our site; (iii) your breach of these Terms of Use; (iv) your violation of any law or the rights of any third party, including intellectual property rights; or (v) your User Content.

International Use

The site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the site and/or providing us with any information, you consent to this transfer.

Governing Law and Jurisdiction

These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Additional Terms; Order of Precedence; Entire Agreement

Additional terms and conditions may apply to specific portions of or products on our site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on our site or your membership, the latter terms shall control with respect to your use of that portion of our site, the products or your membership. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to our site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our site.

We hope that you find our site helpful and convenient to use. Questions or comments regarding our site, including any reports of non-functioning links, should be submitted using our email address at support@shopperseeks.com.


Last Updated: March 29, 2011