Terms of Use - Shopping Mule
Updated: September 8th, 2016
Entry note
Welcome to Shopping Mule website. SHOPPINGMULE tm is a brand of MEDIA BUSINESS DEVELOPMENT INC. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any Website or Web page operated (collectively "Website") or provided by MEDIA BUSINESS DEVELOPMENT INC. The terms and conditions may be modified by SHOPPINGMULE from time to time in its sole discretion so please return to the terms and conditions and check the last updated date at the bottom of this page to review them. Your use of the Website means that you accept any and all changes. If you do not agree with any of the terms and conditions you may not use this Website.
SHOPPINGMULE endeavors to include accurate and up-to-date information on its Website. However, SHOPPINGMULE offers no guarantees, express or implied, as to the accuracy or completeness of the information contained or referenced therein. All users accept that all access to and use of the Website, and any site linked to the Website, and the content thereof, is at their own risk. The Website is hosted in U.S.A and operated from Canada, and it displays promotions from Canadian,American and European merchants and service providers.SHOPPINGMULE does not represent that content or materials presented on the Website are appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Privacy Policy. You in turn agree and consent to the terms of the Privacy Policy by your use of the Website.
You must be at least 13 to use this website.
Personal information from those who communicate with us online may be collected for the purpose of responding to specific questions, advising visitors of new online material, activities and events, and offering opportunities for contributing to our website. Our web server recognizes consumer domain names for the purpose of analyzing website access and improving the content of our website.
Personal information provided by the users of the Website are voluntary and also used to improve and facilitate your access to products and services available from our affiliated merchants as well as notifying you about new products or services available to you.
Non-personally identifiable search information may be presented to our affiliated merchants in order to bring you targeted promotions, advertisements and other marketing purposes.
To better serv you and improve the efficiency of the Website and monitor traffic pattern we use cokies and pixel tags as for the understanding of the user interaction with the website is monitored through Google Analitics.
Registration, Username, Password, Security
Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any SHOPPINGMULE registration agreement conflict with these terms and conditions, the registration agreement shall govern. Your User Identity (your username and password) will be your identity for purposes of interacting with the Website.
You shall keep confidential, shall not disseminate, and shall use solely in accordance with the terms and conditions your User Identity. You shall immediately notify SHOPPINGMULE if you learn of or suspect any loss, theft or unauthorized use of your User Identity. In the event of such loss, theft, or unauthorized use, SHOPPINGMULE may impose on you, at its sole discretion, additional security obligations.
If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify SHOPPINGMULE by writing us at contact@shoppingmule.com You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Links
This Website contains promotional links to other services or sites ("Linked Services") and does not sell any products nor offer any services directly to consumers. The Linked Services are independent of SHOPPINGMULE and are not under the control of SHOPPINGMULE. SHOPPINGMULE is not responsible for the privacy policies, terms of use, contents or collection and use of personal information of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services.
SHOPPINGMULE provides Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by SHOPPINGMULE in favor of any company offering Internet services, products or services on the Linked Services.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by MEDIA BUSINESS DEVELOPMENT INC, or its third-party licensors, to the full extent provided under the Canadian copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, storing in any retrieval system or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of MEDIA BUSINESS DEVELOPMENT INC. or any third party.
ShoppingMule.com is an advertising platform and the material posted on the site/platform is presented as provided by the advertisers including individual advertisers and/or merchants. Therefore, ShoppingMule.com and/or it's parent company Media Business Development Inc., it's owner, shareholders, employees and/or any other advertising platform/site owned by Media Business Development Inc., CANNOT be held liable in any Copyright infringement and/or any legal battle in court or otherwise with respect to any product and/or material posted on the site. Under no circumstances ShoppingMule.com, it's parent company Media Business Development Inc., it's owner, shareholders, employees or any other advertising platform owned by Media Business Development Inc., can be held responsible and/or asked to support/reimburse or pay any legal costs and/or attorney fees by anyone and/or to anyone with respect to any legal dispute over copyright issues. With respect to this issue, ShoppingMule.com takes Copyright infringements very seriously and can be notified of any such issue by e-mail at contact@shoppingmule.com. In case of any such notification, the notification e-mail/letter must include a link to the product/ad page, as well as the name, contact informations ( including e-mail address, physical address, contact phone numbers and a clear explanation about the issue as well as the sender's relationship in the matter. Example: Owner, Author, Attorney, Legal Interests Representative, e.t.c. Following the complain, before taking down any such material from the site and/or any other related advertising sites/platforms owned by Media Business Development Inc, ShoppingMule.com will address the issue directly to the merchant/advertiser in cause. Upon confirmation from the merchant and/or advertiser, ShoppingMule.com will then remove the material in cause. If no answer from the merchant/advertiser is received in a reasonable time frame, ShoppingMule.com will then remove the content in case.
The Website and the information contained therein is for informational, publicity and advertisements purposes only. Any reproduction, distribution, display, performance, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited, without the prior written consent of MEDIA BUSINESS DEVELOPMENT INC. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the MEDIA BUSINESS DEVELOPMENT INC. is prohibited.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of MEDIA BUSINESS DEVELOPMENT INC. or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MEDIA BUSINESS DEVELOPMENT INC. or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of MEDIA BUSINESS DEVELOPMENT INC. or any third party.
Additional Agreement by Linked Services
Any third party website with permission that links to the Website: shall not create a frame, browser or border environment around any of the content of the Website; may link to, but not replicate, Website content; shall not imply that SHOPPINGMULE endorses or sponsors it or its products or services; shall not present false information about SHOPPINGMULE or its products or services; shall not use SHOPPINGMULE trademarks without the prior written permission from SHOPPINGMULE ; and shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
Prohibited Uses and Obligations
You are required to comply with all applicable laws in connection with your use of the Website and such further limitations as may be set forth below and in any written or on-screen notice from SHOPPINGMULE . You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions or that harms SHOPPINGMULE, its affiliates, its service providers, suppliers or customers.
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that: is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant SHOPPINGMULE the rights and licenses set below; reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant SHOPPINGMULE the rights and licenses set below; infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity or in violation of applicable law as determined by SHOPPINGMULE in its sole discretion; is sexually-explicit, or contains viruses, Trojan Horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to: use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Website, or for purposes of registering for any promotions offered through the Website; take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website; use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Website to harvest or otherwise collect information to be used for any commercial purpose; allow any other person or entity to use your username or password for participating on any activities on the Website, posting or viewing comments or sending or receiving materials; or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
You further agree not to violate or attempt to violate the security of the Website, including, without limitation: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing" the Website; forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. SHOPPINGMULE may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
SHOPPINGMULE reserves the right (but does not have the obligation) to review postings on the Website, to remove any postings, and to terminate your ability to post to the Website at any time without notice, in its sole discretion. SHOPPINGMULE also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
SHOPPINGMULE has no obligation to permit any material posted or transmitted to remain on the Website, and may remove from, or refuse to display on the Website any material that SHOPPINGMULE, in the exercise of its sole discretion, believes violates the terms and conditions.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED "AS IS." SHOPPINGMULE PRESENTS PROMOTIONAL OFFERS FROM OTHER MERCHANTS AND DO NOT SELL ANYTHING DIRECTLY TO CONSUMERS.SHOPPINGMULE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. SHOPPINGMULE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,SHOPPINGMULE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i)WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SHOPPINGMULE OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
SHOPPINGMULE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS,AND HOURS OF OPERATION.
Indemnification
Upon a request by Shoppingmule, you agree to indemnify and hold harmless Shoppingmule and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content, posted or transmited through the Website, your use of the Website, your violation of the terms and conditions or your violation of any rights of another.
Severability and Integration
Except for other agreements you may enter into through use of a specific part of the Website, these terms and conditions constitute the entire agreement between you and Shoppingmule and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Shoppingmule. If any portion of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The terms and conditions may be modified only by our posting on the Website changes to the terms and conditions or by a subsequent writing signed by Shoppingmule.
No Waiver
The failure of Shoppingmule to enforce any provisions of the terms and conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any of the terms or conditions or to act with respect to similar breaches.
No Professional Advice
Any information supplied by any employee, its associated merchants or agent of Shoppingmule whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting, medical or other professional advice and may not be relied on to base any claim or action. Individual situations and provincial laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Shoppingmule makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website.
Miscellaneous
References to Shoppingmule in the terms and conditions shall include all of Shoppingmule's affiliates and all of its and their directors, officers, shareholders, employees, agents, advisers, suppliers and insurers. You are prohibited from assigning your rights and obligations under the terms and conditions. Shoppingmule may assign its rights and obligations in its sole discretion at any time or times, in whole or in part, without notice to you. Nothing contained in the terms and conditions is in derogation of Shoppingmule's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website. A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles used in the terms and conditions are for convenience only and have no legal or contractual significance. Where the context permits all words in the singular shall include the plural and vice versa.
Termination
Shoppingmule reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under the terms and conditions by Shoppingmule. The provisions of the terms and conditions survive the termination of your access to the Website. You are prohibited from terminating your rights and obligations under the terms and conditions.
Notices
Shoppingmule team may give notices to users of the Website, at its option, by posting a message on the Website, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Notices to Shoppingmule by electronic mail must be sent by accessing Shoppingmule Contact Us page. Notices by a user to the Shoppingmule Network will not change the terms and conditions unless the change is expressly accepted in writing by an authorized officer of Media Business Development Inc.
For any other information regarding our terms and conditions, as well as concerns and questions about our privacy policy could be addressed by email at contact@shoppingmule.com