Use of the Services
Shoptimix is a platform that provides users with tools to search for grocery products that are suitable to them, and to create and share shopping lists including these products through the Shoptimix website (the "Site") and/or the Shoptimix mobile application (an "Application") (collectively the "Services"). These Services are provided by Shoptimix, Inc a company organized under the laws of the State of Delaware, with its principal place of business located at 244 Fifth Avenue, Suite D54. New York, N.Y. 10001
These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
License to the Services
Subject to your compliance with this Agreement, Shoptimix grants you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your mobile device and/or tablet computer, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
When you download our Application through the Apple App Store, Google Play or other app store or distribution platform (from an "App Provider"), you acknowledge and agree that: (i) these Terms are concluded between us, and not with the App Provider, and that we (not the App Provider), are responsible for our software; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to our Application or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our Application, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our Application fails to conform to any applicable legal or regulatory requirement; (iv) the App Provider is a third party beneficiary of these Terms as related to your license of our Application, and the App Provider will have the right to enforce these Terms as related to your license of our Application against you; and (v) you must also comply with all applicable third party terms of service when using our Application.
In order to access, use or receive certain Services, you may need to register and create an account ("Account") and become a "Registered User" by either registering through our Site or Application or by using your account with a third party social network website, like Facebook (a "Social Network Site"). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You may also have the option of providing certain personal information about other people in your household so that we may link your Account to them, or so you can otherwise represent them through your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
You are responsible for safeguarding your password and for any activities or actions under your Account, whether or not you have authorized such activities or actions. Shoptimix is not liable for any loss or damage arising from your failure to comply with the above requirements.
In order to provide you with certain Services, you have the option of providing Shoptimix with your username/login and password to various social networking and online sites and accounts that you wish to link with your Account. If you decide to share your usernames and login credentials to these other accounts, you grant Shoptimix permission to log in on your behalf and access these accounts solely to the extent necessary to provide these Services. Shoptimix will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s).
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
a) Information Collection and Use
Our primary goals in collecting information are to provide and improve our Services and to enable users to enjoy and easily navigate the Services.
Personally Identifiable Information. In the course of using the Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). If you create an Account using your login from a Social Network Site, we will access and collect the information about you that your privacy settings on that Social Network Site permits us to access so that we can create an Account for you. We use your Personal Information mainly to provide our Services and administer your inquiries.
We also use your Personal Information to contact you with Shoptimix newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.
Registered Users. Once you become a Registered User, you will be able to create a profile page by submitting certain Personal Information. You can choose what other Personal Information you provide as part of your profile. Providing such information is voluntary and should correlate with the degree of interaction you want to have with other Shoptimix users. We will also collect the contact information of your friends, if you choose to connect with your friends when you use our Services.
Non-Identifying Identifiable Information. We may also collect other information that you provide as part of registration and the administration and personalization of your profile page (e.g., without limitation, zip code (on its own) and individual preferences) ("Non-Identifying Information"). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver information to you according to your preferences or restrictions.
Application Usage Information When you use the Application, our servers will automatically record information that your mobile device sends or transmits, including, but not limited to, the model and device ID number of your mobile device, user settings, location (if you enable this feature) and information about your use of the Application ("Application Usage Information"). We use this information to provide and improve the Services, develop new products, and offer products and services that may be of interest to you.
Log Data When you visit or use the Site our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol (IP) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Services and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information may be collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies Like many websites, we may use "cookies" to collect Log Data and other information. A cookie is a small data file that your browser places on your computer that helps us understand how you interact with the Site and use our Services. We may use two types of cookies. We may use persistent cookies to save information like your search preferences, your Account settings and login information, so that we can remember you and your settings when you return to the Site. We may use session ID cookies to enable certain features of the Site or our Services, but unlike persistent cookies, session cookies are deleted when you leave or log off from the Site and/or when you close your browser. Third-party advertisers on the Site may also place or read cookies on your browser. Most Internet browsers automatically accept cookies but you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
b) Information Shared with Others
Aggregate Information We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information, Application Usage Information and Log Data with third parties (including suppliers, advertisers, research companies and other organizations) for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement Shoptimix cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Shoptimix or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers Shoptimix may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
c) Changing or Deleting Your Information
All registered users may review, update, correct or delete their Personal Information by contacting us or by making the appropriate modifications in your user account preferences through the Site and/or Application. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request, however, we may have to retain a copy of some of your information for record keeping purposes.
Shoptimix is very concerned with safeguarding your information. We employ measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
e) International Transfer
f) Links to Other Sites
Our Site may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
g) Our Policy Toward Children
This Site is not directed to children and we do not knowingly collect personally identifiable information from children under 13. If we become aware that we have collected Personal Information from a child under 13, we will take steps to delete such information from our files as soon as possible.
Content on the Services
Shoptimix is a place where Users can write, contribute and edit Content through the Services. While we intend Shoptimix to be a collaborative space where users can share useful and interesting information about shopping lists, shopping recommendations, etc.. Shoptimix is not responsible for screening and/or verifying the information provided on or through the Services and we make no guarantee or warranty that the information provided is true, accurate, complete, reliable or safe to practice. We exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information.
Content You Publish
In Shoptimix you can keep your content private, or to privately share it with others (e.g. shopping lists or shopping recommendations). You can also publish content within Shoptimix public areas (e.g. expert lists), however, by publishing any Content through the Services, you hereby grant Shoptimix a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology. In addition, by publishing content, you grant to all other users of the Services a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, modify, edit, download and print any Content, such as recipes and images, for such user's personal and non-commercial purposes. Shoptimix does not claim any ownership rights in any such Content and nothing in this Agreement will be deemed to restrict any rights that you may have to such Content
You are responsible for your use of the Services, for any Content you share privately and/or publish, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. We reserve the right to remove Content in violation of this policy without prior notice and at our sole discretion. In appropriate circumstances, Shoptimix may also terminate your Account if you are determined to be a repeat infringer.
You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates this Agreement.
You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Shoptimix's computer systems, or the technical delivery systems of Shoptimix's providers; (ii) gather and use information, such as other users' names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Shoptimix has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms or in the app and website, Shoptimix and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Shoptimix or the Services ("Feedback") will be the sole and exclusive property of Shoptimix and you hereby irrevocably assign to Shoptimix all of your right, title and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Shoptimix grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Shoptimix solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shoptimix or its licensors, except for the licenses and rights expressly granted in these Terms.
You can terminate your Account at any time by providing notice of termination to us. If you breach any of these Terms, Shoptimix will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Shoptimix will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Shoptimix under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
The Services are Available "AS-IS"
You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, Shoptimix EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. Shoptimix will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Services. Shoptimix makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Shoptimix makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The Content, including lists, recipes and all related information and commentary made available through the Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Shoptimix or through the Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.
You agree to defend, indemnify, and hold Shoptimix, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPTIMIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with thESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SHOPTIMIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to or application of conflict of laws rules or principles. The failure of Shoptimix to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms are the entire and exclusive agreement between Shoptimix and you regarding the Services, and these Terms supersede and replace any prior agreements between Shoptimix and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact firstname.lastname@example.org
Last updated Dec 1st, 2015