Shoppers Top Terms and Conditions of Use
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES.
By using Shoppers Top Directory, you agree to be bound by the following terms and conditions. If you do not agree to these terms please do not use the site.
The following terms and conditions relate to your use of this website. By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any "Materials", or merely browsing the "Site", you agree to follow and be bound by these terms and conditions. "The Owners" reserve the right to change the Terms at any time at their sole discretion. In the case of any violation of the Terms, "The Owners" reserve the right to seek all remedies available to it in law and in equity.
1. Shoppers Top's Proprietary Rights
The Site, including any content, software and services offered thereon, are the property of Shoppers Top and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of India and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by Shoppers Top to do so.
You acknowledge that all elements contained in this website, including but not limited to, the materials and the intellectual property rights are provided by and owned by Shoppers Top or their respective third party authors, developers and vendors.
2. Contributions from Users to the Site
Shoppers Top provides users with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not Shoppers Top, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.
Shoppers Top does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of Shoppers Top and under no circumstances will Shoppers Top be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.
The Site is available for all users and you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site User Content that:
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation.
- Is unlawful, harmful, threatening, defamatory, libelous, abusive, disparaging, adult oriented, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious.
- Is or could be harmful to minors.
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct.
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party.
- Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices.
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses.
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page).
- Harasses or advocates harassment of another person.
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming").
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Site:
- Impersonate any person or entity, including a Shoppers Top officer or employee, or falsely misrepresent your affiliation with any other person or entity.
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site.
- Engage in commercial activities and/or sales without Shoppers Top's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising.
- Post or transmit any Content that you do not have the right to post or transmit.
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities.
- Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment.
- Interfere with or disrupt the Site or any server or network involved with the operation of the Site.
- Stalk or harass any other person or
- Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
3. License to User Content
With respect to User Content you elect to post or transmit for inclusion in or on the Site, you grant Shoppers Top and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on Shoppers Top and on the sites of our affiliates, partners and others with whom ShoppersTop.org may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Shoppers Top is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
Without limitation of any of the rights granted to Shoppers Top herein, you acknowledge and agree that Shoppers Top may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Shoppers Top, its users and the public.
4. Termination of services/website
Although it is not our intention to do so, Shoppers Top may modify or discontinue its site, services or the materials provided here at any time, with or without notice to you. Shoppers Top will not be liable to you or any third party as a result of such modification or discontinuation. In using the site, including all services and materials available through it, you agree:
1. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites.
2. Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files.
3. Not to disrupt or interfere with the security of, or otherwise cause harm to, the site, or any services, materials, system resources, servers, or networks connected to or accessible through the site or any affiliated or linked sites.
You agree to indemnify and hold harmless Shoppers Top and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to User Content you provide to Shoppers Top or post, e-mail or transmit through the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the Terms and Conditions of Use. Shoppers Top reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of Shoppers Top.
6. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Shoppers Top has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shoppers Top has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof).
Shoppers Top is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms and Conditions of Use, and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.
You understand and agree that Shoppers Top may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. No expressed or implied warranty, representations, guaranties or conditions is given concerning such information, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. This information must not be taken as establishing any contractual or other commitment on the part of Shoppers Top.
Shoppers Top makes no warranty that the Site or any related services, such as links offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. Shoppers Top further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and Shoppers Top will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from Shoppers Top or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions of Use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither ShoppersTop.org nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
10. Limitation of Liability
You expressly understand and agree that Shoppers Top shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shoppers Top has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will Shoppers Top be liable for any damages in excess of Thirty United States dollars ($30.00).
11. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Terms and Conditions of Use constitutes the entire agreement between you and Shoppers Top and governs your use of the Site, superceding any prior agreements between you and Shoppers Top. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
You agree that the Terms and Conditions of Use and the relationship between you and Shoppers Top shall be governed by the laws of the State of Karnataka without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and courts of the State of Karnataka, a state of India. The failure of Shoppers Top to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. 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 or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
13. Refund Policy
A refund of payment made to listing a website in Shoppers Top will be made under the following circumstances -
* The site submitted for review is not accepted and/or listed by the editors of Shoppers Top.
* The site is accepted but not listed to the satisfaction of the site owner. We do our best to resolve any issues related to your site submission at Shoppers Top. However, if the site owner is not satisfied for any reason and wants to cancel the listing, should request for a refund within 30 days of listing the website. A cancellation of the listing after 30 days from the day of listng will not obligate Shoppers Top to refund any of the fees.
Refund will not be made under any circumstances not mentioned above.