1. INTELLECTUAL PROPERTY RIGHTS

 

1.1. Unless otherwise indicated, the Kshopina Store is our proprietary property and all source code, databases, functionality, software, web Kshopina Store designs, audio, video, text, photographs, and graphics on the Kshopina Store (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

 

 

1.2. The Content and the Marks are provided on the Kshopina Store “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Kshopina Store and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

 

1.3. Provided that you are eligible to use the Kshopina Store, you are granted a limited license to access and use the Kshopina Store and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Kshopina Store, the Content and the Marks.

 

 

  1. USER REPRESENTATIONS

 

2.1. By using the Kshopina Store, you represent and warrant that:

 

 

2.1.1. All registration information you submit will be true, accurate, current, and complete;

 

 

2.1.2. You will maintain the accuracy of such information and promptly update such registration information as necessary;

 

 

2.1.3. You have the legal capacity and you agree to comply with these Terms of Use;

 

 

2.1.4. You are not a minor in the jurisdiction in which you reside;

 

 

2.1.5. You will not access the Kshopina Store through automated or non-human means, whether through a bot, script or otherwise;

 

 

2.1.6. You will not use the Kshopina Store for any illegal or unauthorized purposes.

 

 

2.1.7. Your use of the Kshopina Store will not violate any applicable law or regulation.

 

 

2.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Kshopina Store (or any portion thereof).

 

 

  1. USER REGISTRATION

3.1. You may be required to register with the Kshopina Store. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

 

  1. PROHIBITED ACTIVITIES

 

 

4.1. You may not access or use the Kshopina Store for any purpose other than that for which we make the Kshopina Store available. The Kshopina Store may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

 

4.2. As a user of the Kshopina Store, you agree not to:

 

 

4.2.1 systematically retrieve data or other content from the Kshopina Store to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

 

 

4.2.2. make any unauthorized use of the Kshopina Store, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

 

 

4.2.3. use a buying agent or purchasing agent to make purchases on the Kshopina Store.

 

 

4.2.4. use the Kshopina Store to advertise or offer to sell goods and services.

 

 

4.2.5. circumvent, disable, or otherwise interfere with security-related features of the Kshopina Store, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Kshopina Store and/or the Content contained therein.

 

 

4.2.6. engage in unauthorized framing of or linking to the Kshopina Store.

 

 

4.2.7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

 

 

4.2.8. make improper use of our support services or submit false reports of abuse or misconduct.

 

 

4.2.9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

 

 

4.2.10. interfere with, disrupt, or create an undue burden on the Kshopina Store or the networks or services connected to the Kshopina Store.

 

 

4.2.11. attempt to impersonate another user or person or use the username of another user.

 

 

4.2.12. sell or otherwise transfer your profile.

 

 

4.2.13. use any information obtained from the Kshopina Store in order to harass, abuse, or harm another person.

 

 

4.2.14. use the Kshopina Store as part of any effort to compete with us or otherwise use   the Kshopina Store and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

 

4.2.15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Kshopina Store.

 

 

4.2.16. attempt to bypass any measures of the Kshopina Store designed to prevent or restrict access to the Kshopina Store, or any portion of the Kshopina Store.

 

 

4.2.17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Kshopina Store to you.

 

 

4.2.18. delete the copyright or other proprietary rights notice from any Content.

 

 

4.2.19. copy or adapt the Kshopina Store’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

 

 

4.2.20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Kshopina Store or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Kshopina Store.

 

 

4.2.21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

 

 

4.2.22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Kshopina Store, or using or launching any unauthorized script or other software.

 

 

4.2.23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Kshopina Store.

 

 

4.2.24. use the Kshopina Store in a manner inconsistent with any applicable laws or regulations.

 

 

  1. GUIDELINES FOR REVIEWS

 

 

5.1. We may provide you areas on the Kshopina Store to leave reviews or ratings. When posting a review, you must comply with the following criteria:

 

 

5.1.1. you should have firsthand experience with the person/entity being reviewed;

 

 

5.1.2.  your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

 

 

5.1.3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

 

 

5.1.4. your reviews should not contain references to illegal activity;

 

 

5.1.5. you should not be affiliated with competitors if posting negative reviews;

 

 

5.1.6. you should not make any conclusions as to the legality of conduct;

 

 

5.1.7. you may not post any false or misleading statements;

 

 

5.1.8. you may not organize a campaign encouraging others to post reviews,   whether positive or negative.

 

 

5.2. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

 

 

5.3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

 

  1. SOCIAL MEDIA

 

 

6.1. As part of the functionality of the Kshopina Store, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Kshopina Store; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

 

 

6.2. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

 

 

6.3. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Kshopina Store via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

 

 

6.4. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Kshopina Store. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider; then, Social Network Content may no longer be available on and through the Kshopina Store.

 

 

6.5. You will have the ability to disable the connection between your account on the Kshopina Store and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

 

 

6.6. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Kshopina Store.

 

 

6.7. You can deactivate the connection between the Kshopina Store and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

 

  1. SUBMISSIONS

 

 

7.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Kshopina Store ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

 

7.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

  1. THIRD-PARTY WEBKSHOPINA STORES AND CONTENT

 

 

The Kshopina Store may contain (or you may be sent via the Kshopina Store) links to other webKshopina Stores ("Third-Party WebKshopina Stores") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

 

 

Such Third-Party WebKshopina Stores and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party WebKshopina Stores accessed through the Kshopina Store or any Third-Party Content posted on, available through, or installed from the Kshopina Store, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebKshopina Stores or the Third-Party Content.

 

 

Inclusion of, linking to, or permitting the use or installation of any Third-Party WebKshopina Stores or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Kshopina Store and access the Third-Party WebKshopina Stores or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

 

 

You should review the applicable terms and policies, including privacy and data gathering practices, of any webKshopina Store to which you navigate from the Kshopina Store or relating to any applications you use or install from the Kshopina Store. Any purchases you make through Third-Party WebKshopina Stores will be through other webKshopina Stores and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party WebKshopina Stores and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party WebKshopina Stores.

 

 

  1. ADVERTISERS

 

 

We allow advertisers to display their advertisements and other information in certain areas of the Kshopina Store, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Kshopina Store and any services provided on the Kshopina Store or products sold through those advertisements.

 

 

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Kshopina Store, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.