Terms of Service | Shop2the TOP myWorld

Ask The Shopologist

Ask the Shopologist, Inc., welcomes you!

Before you begin using any of the Apps, please read the following Terms of Service ("Terms") carefully. These Terms govern your use and access to the Apps, including functionality available through the Apps which may be provided by third parties, during both any free trial period and any future access or use.

Your use of the App is also governed by our separate Privacy Policy which can be found at http://www.asktheshopologist.com/Privacy-Policy.html (the “Privacy Policy”). By registering, clicking on the "Sign Up" button, or otherwise accessing or using the Apps, you agree to these Terms and the Privacy Policy. Your access to and use of the Apps are expressly conditioned on your compliance with these Terms and the Privacy Policy. If you do not agree with any of the Terms or the Privacy Policy, please do not register with or otherwise use the Apps. Note that any violation of these Terms may result in termination of your access to the Apps.

We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be accessible through the App and posted online at www.AskTheShopologist.com/TermsOfService and/or www.AskTheShopologist.com. We will also change the "updated" date on this page to reflect the date of the modification. Please check back periodically. In addition, when using particular elements of the Service, additional policies, guidelines, rules, and terms may apply, which are hereby incorporated by reference into these Terms.

The Apps

The Apps provides you with information, motivation and education. They may also allows you to take photographs and videos, and add and/or append captions and descriptive metadata. The Apps also allows you to share these photographs and videos, as well as other content (the “Submissions”) with others directly from your device, or through a third party provider such as Facebook, Twitter, and Instagram. We reserve the right to change the App and the features of the App at any time.

Registration

In order to use the Apps, you will be required to register for an account. In consideration of your use of the Apps, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 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. Our use and disclosure of any such information is governed by our Privacy Policy. You acknowledge that, if any information provided by you is or we have reasonable grounds to suspect such information may be untrue, inaccurate or not current, we reserve the right to suspend or terminate your access to and use of the Apps.

If you are under the age of 18, you may not create an account, register for an account, or otherwise use this software or application.

During the account set-up process, you will be prompted to provide your email, mobile number, date of birth and select password. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Apps to any third party. You are responsible for the confidentiality of your password and for all activities that are conducted through your account. You shall be responsible for all use of the App under your email and password. You further agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

We are not responsible for lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Account terms

1. You are responsible for maintaining the security of your account and password.

2. You are responsible for all photographs and videos posted and activity that occurs under your account. We may, but are not required to, monitor or control the photographs and videos.

3. You may not use the Apps for any illegal or unauthorized purpose. You must not, in the use of the Apps, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that if you engage in illegal or unauthorized use of the Apps, you will be solely responsible for your illegal or unauthorized use, and will indemnify, Ask The Shopologist, Inc., our owners, directors, employees, agents, contractors, and affiliates, from any claims arising out of your illegal or unauthorized use.

Removal of Submissions

We reserve the right to delete, move or edit your photographs and videos for any reason, including the violation of these Terms.

User Representations/Warranties

While using the Service, you agree:

The photographs and videos are either content created by you, or content that you have the permission of the intellectual property owner to duplicate.

You will not engage in spamming or flooding;

You will not violate any applicable laws or regulations, including all laws protecting copyrighted, trademarked, trade secret, or other intellectual property;

You will not include in your photographs and videos any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under any applicable law (whether the law of the User or the State or Federal law of California, United States of America).

You will not submit any photographs or videos from an anonymous or false address.

You will not submit any photographs or videos that promote bigotry, racism, hatred or harm against any individual or group.

You will not submit any photographs or videos that are in violation of any rights of any third parties, including intellectual property laws.

You will not modify, sublicense, adapt, translate, reverse engineer, sell, decompile or disassemble any portion of the App.

You will not collect information about users of the App without their express consent.

You will not abuse, harass, threaten, stalk or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity.

You will not transmit any software or other materials that contain any viruses, worms, trojan horses, defects or other items of a destructive nature.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

We may suspend or terminate your access to and use of the Apps immediately if you fail to comply with the above terms.

Assignment of Copyright / License Grant

You hereby assign to us all the copyright in the photographs and videos, and add captions, audio notes and descriptive metadata in respect of both of the country in which the app was used and worldwide.

User License Grant. In the event that the above assignment is not good in law in your jurisdiction or in the jurisdiction of the State of California or United States of America, you hereby grant to us and our third party providers and designated agents and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, transmit, display and distribute your photographs and videos for the duration of any copyright existing, worldwide, in all forms of media known or unknown and also for the purpose of delivering the Apps. In addition, you warrant that all moral rights in any photographs and videos and uploaded materials have been waived and do hereby waive any such moral rights.

Intellectual Property Rights and Content Ownership

Intellectual Property of Ask The Shopologist, Inc.

a) The App’s designs, graphics and logos, and certain other names or logos, including the "look" and "feel" of the App (including color combinations, button shapes, layout, design and all other graphical elements) are protected trademarks, service marks and copyrights of Ask The Shopologist, Inc. (the “IP”). All other product and service marks are the trademarks of their respective owners.

b) Subject to and conditioned upon your compliance with these Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable right to access the Apps. Except for such limited right to access the Apps in accordance with these Terms, the IP and any text, sounds, data, links graphics, and other materials incorporated into the App (other than your Submissions) and the overall “look and feel” of the App remain the property of Ask The Shopologist, Inc. and/or its licensors or suppliers. You may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the Apps or any portion thereof for any commercial purpose without our written consent.

c) You agree to be bound by third party licenses of software or content that is available or part of the Apps and to abide by the terms of use of any such third party software or content.

d) You acknowledge and agree that by submitting, posting, or otherwise displaying photographs and videos on the App, video and audio will be public, and will be viewed and accessed by members of the public.

e) You understand that by using the Apps and sharing photographs and videos among individuals and groups of your choice, you are consenting to third-party use and access to your photographs and videos. You further understand that we will not be responsible or liable for third-party use of your photographs and videos.

We are committed to protecting copyrights and expect users of the Apps to do the same. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Apps by users who infringe the intellectual property rights of others.

We abide by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that a photograph or video is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you believe that a photograph or video you posted to the App has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:

Attn: DMCA Complaints

Email: asktheshopologist@gmail.com

Copyright Infringement Notification. To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification

If photographs or videos that you have created with the App and or have been posted have been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:

A physical or electronic signature of the subscriber.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

Sharing Submissions

The App allows you to share some or all of your photographs and videos with others. Please note that when you share photographs and videos, the recipient may be able to share these photographs and videos with others, add the photographs and videos to his or her own account, and/or make copies of the photographs and videos.

Access to Your Account

We need to be able to access your account for the following reasons:

1. To reset your password in case you forget it; if this becomes necessary, we send an e-mail upon your request to the address from which you opened your account;

2. To maintain our Apps to you and develop new and useful features and services;

3. To follow a court order, subpoena, complaint or a lawful request from governmental authorities;

4. We reserve the right to close accounts set up for fraudulent purposes.

Web Addresses (URLs)

As part of our App, we may provide users with access to and use of pages of a website and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. We do not guarantee the availability of a particular web address. We also reserve the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by us to a user as it deems necessary in its sole discretion and, at our option, to provide users with an alternative web page and address.

Links to Third Party Sites

The App may contain links to third party services and/or websites ("Linked Sites"). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any other form of transmission received from any Linked Site, nor are we responsible if the Linked Sites are not working appropriately. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, we are under no obligation to link to any site.

Third Party Service Providers

From time to time, we may partner with various third parties to provide additional functionality and/or alternate access to your Submissions available on the Website, or related to the App ("Third Party Functionality"). Such Third Party Functionality may be subject to additional terms and conditions which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third party terms and conditions with respect to the Third Party Functionality. You acknowledge and agree that such Third Party Functionality may be terminated by us at any time for any reason without any right of refund of any fees paid. While we will make reasonable efforts to notify you before terminating any such Third Party Functionality, failure to so notify will not be breach of these Terms.

Canceling your access to the App

We reserve the right to terminate your access to and use of the App for any reason, including if we, in our sole discretion, determine that you have violated these Terms.

Return Policy

In some instances, you may elect to purchase merchandise through the App. Where such merchandise is provided by a third-party vendor, that vendor’s terms and conditions will govern. However, as with custom services in other businesses and industries, transfer orders and related custom production services are non-refundable.

Shipping

All merchandise purchased through us is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. As such, we are not liable for any photographs and videos or other materials while in transit through or in possession of the carrier.

We may assign our rights and responsibilities hereunder without notice to you. When you place an order for merchandise, we will charge you for the entire amount of your order. We reserve the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

Gift Cards

Gift cards and/or gift certificates are not redeemable for cash and cannot be returned for a cash refund. We are not responsible for lost or stolen gift cards or gift certificates. If any order exceeds the value of the gift card or gift certificate, the balance of the order must be paid with a credit card at the time of order.

Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at Ask The Shopologist, Inc. either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our Apps; however, please note our policy on external idea submission:

1. Unsolicited ideas submitted to Ask The Shopologist, Inc. or any of its owners, employees, directors, contractors, agents, representatives and/or affiliates automatically become the property of Ask The Shopologist, Inc.

2. By submitting unsolicited ideas to Ask The Shopologist, Inc. you automatically forfeit your right to the intellectual property of any of these ideas. If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Ask The Shopologist, Inc. or any of its owners, employees, directors, contractors, agents, representatives and/or affiliates. Instead, please send a message to asktheshopologist@gmail.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Ask The Shopologist, Inc. in order to evaluate your concept(s).

Miscellaneous

Ask The Shopologist, Inc. nor our third party providers shall be liable to you for any modifications, suspensions or discontinuance of the Apps.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and Ask The Shopologist, Inc. with respect to this Apps, and supersede all other communications, written or oral, with regard to the App. The failure of Ask The Shopologist Inc to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013 (c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

Indemnification

You agree to indemnify, defend and hold Ask The Shopologist, Inc. their officers, directors, employees, agents, licensors, suppliers and any third-party providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the App using your account (ii) any images, video or other content you post a website or submit through the App; and/or (iii) a claim that your photographs and videos infringe third party intellectual property rights.

You further agree that you will indemnify and hold Ask The Shopologist, Inc. and its third party providers harmless in respect to any claim of violation of a third party's rights or intellectual property laws.

Choice of Law

The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Texas, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the state of Texas, county of Denton.

Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

Disclaimer of Warranties

THE APPs, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE APPs ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASK THE SHOPOLOGIST INC. AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ASK THE SHOPOLOGIST, INC. MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE APP OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMART SCREEN AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ASK THE SHOPOLOGIST INC OR THROUGH THE APPS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ASK THE SHOPOLOGIST INC. NOR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SMART SCREEN AND ITS THIRD PARTY PROVIDERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU UNDERSTAND AND AGREE THAT YOUR SUBMISSIONS ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR SUBMISSIONS THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR SUBMISSIONS. FURTHER, SMART SCREEN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY SUBMISSIONS UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ASK THE SHOPOLOGIST INC WILL NOT BE LIABLE FOR THE CONTENT OF ANY SUBMISSION AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.

YOU AGREE THAT THE AGGREGATE LIABILITY OF ASK THE SHOPOLOGIST INC AND ITS THIRD PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE OR $100 (US$), WHICHEVER IS GREATER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ASK THE SHOPOLOGIST INC HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.