MyShoppingJobs.Com

TERMS OF USE

  1. DESCRIPTION OF SERVICE

 

MyShoppingJobs.Com currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Purchased Services"). You also understand and agree that the Purchased Services may include advertisements and that these advertisements are necessary for MyShoppingJobs.Com to provide the Purchased Services and that these advertisements may generate revenue for MyShoppingJobs.Com. You also understand and agree that the Purchased Services may include certain communications from MyShoppingJobs.Com, such as service announcements, administrative messages and the MyShoppingJobs.Com Newsletter, if any, and that these communications are considered part of MyShoppingJobs.Com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Purchased Services, including the release of new MyShoppingJobs.Com properties, shall be subject to the Terms of Use. You understand and agree that the Purchased Services are provided "AS-IS" and that MyShoppingJobs.Com assumes no responsibility for the timeliness, deletion, miss- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Purchased Services and that access may involve third party fees (such as Internet service provider or airtime charges or qualification fees or participation fees). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Purchased Services.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Purchased Services, 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. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Purchased Services'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 MyShoppingJobs.Com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyShoppingJobs.Com has the right to suspend or terminate your account and refuse any and all current or future use of the Purchased Services (or any portion thereof). MyShoppingJobs.Com is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years old to create a MyShoppingJobs.Com account.

3. MyShoppingJobs.Com PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at MyShoppingJobs.Com.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Purchased Services's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyShoppingJobs.Com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyShoppingJobs.Com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyShoppingJobs.Com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Purchased Services. MyShoppingJobs.Com does not control the Content posted via the Purchased Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Purchased Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyShoppingJobs.Com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Purchased Services.

You agree to not use the Purchased Services to:

   1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. When submitting a review of a service company you have hired you must provide only factual information based on your personal experience;

   2. Harm minors in any way;

   3. Impersonate any person or entity, including, but not limited to, a MyShoppingJobs.Com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

   4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Purchased Services;

   5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

   6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

   7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

   8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

   9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Purchased Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  10. Interfere with or disrupt the Purchased Services or servers or networks connected to the Purchased Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Purchased Services;

  11. Intentionally or unintentionally violate any applicable local, state, national or international law;

  12. "Stalk" or otherwise harass another; or

  13. Collect or store personal data about other users.

You acknowledge that MyShoppingJobs.Com may not pre-screen Content, but that MyShoppingJobs.Com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Purchased Services. Without limiting the foregoing, MyShoppingJobs.Com and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyShoppingJobs.Com or submitted to MyShoppingJobs.Com, including without limitation information in MyShoppingJobs.Com Message Boards, if any, and in all other parts of the Purchased Services.

You acknowledge, consent and agree that MyShoppingJobs.Com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyShoppingJobs.Com, its users and the public.

You understand that the technical processing and transmission of the Purchased Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Purchased Services and software embodied within the Purchased Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MyShoppingJobs.Com and/or content providers who provide content to the Purchased Services. You may not attempt to override or circumvent any of the usage rules embedded into the Purchased Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Purchased Services, in whole or in part, is strictly prohibited.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PURCHASED SERVICES

MyShoppingJobs.Com does not claim ownership of Content you submit or make available for inclusion on the Purchased Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Purchased Services, you grant MyShoppingJobs.Com the following world-wide, royalty free and non-exclusive license(s), as applicable:

    * With respect to Content you submit or make available for inclusion on publicly accessible areas of MyShoppingJobs.Com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Purchased Services solely for the purposes of providing and promoting the specific MyShoppingJobs.Com Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Purchased Services and will terminate at the time you remove or MyShoppingJobs.Com removes such Content from the Purchased Services.

    * With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Purchased Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Purchased Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Purchased Services and will terminate at the time you remove or MyShoppingJobs.Com removes such Content from the Purchased Services.

    * With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Purchased Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Purchased Services are those areas of the MyShoppingJobs.Com network of properties that are intended by MyShoppingJobs.Com to be available to the general public. By way of example, publicly accessible areas of the Purchased Services would include MyShoppingJobs.Com Message Boards, if any, that are open to both members and visitors.

7. INDEMNITY

You agree to indemnify and hold MyShoppingJobs.Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Purchased Services, your use of the Purchased Services, your connection to the Purchased Services, your violation of the Terms of Use, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Purchased Services (including your MyShoppingJobs.Com I.D.), use of the Purchased Services, or access to the Purchased Services.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MyShoppingJobs.Com may establish general practices and limits concerning use of the Purchased Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Purchased Services, the maximum number of email messages that may be sent from or received by an account on the Purchased Services, the maximum size of any email message that may be sent from or received by an account on the Purchased Services, the maximum disk space that will be allotted on MyShoppingJobs.Com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Purchased Services in a given period of time. You agree that MyShoppingJobs.Com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Purchased Services. You acknowledge that MyShoppingJobs.Com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyShoppingJobs.Com reserves the right to modify these general practices and limits from time to time.

10. MODIFICATIONS TO SERVICE

MyShoppingJobs.Com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Purchased Services (or any part thereof) with or without notice. You agree that MyShoppingJobs.Com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Purchased Services.

11. TERMINATION

You agree that MyShoppingJobs.Com may, under certain circumstances and without prior notice, immediately terminate your MyShoppingJobs.Com account, any associated email address, and access to the Purchased Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Purchased Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your MyShoppingJobs.Com account includes (a) removal of access to all offerings within the Purchased Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Purchased Services. Further, you agree that all terminations for cause shall be made in MyShoppingJobs.Com's sole discretion and that MyShoppingJobs.Com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Purchased Services.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Purchased Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyShoppingJobs.Com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Purchased Services.  You further agree and acknowledge that MyShoppingJobs.Com by providing space for or referring you to said advertisers may be compensated by the advertisers for doing so.

13. LINKS

The Purchased Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyShoppingJobs.Com has no control over such sites and resources, you acknowledge and agree that MyShoppingJobs.Com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyShoppingJobs.Com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. MyShoppingJobs.Com'S PROPRIETARY RIGHTS

You acknowledge and agree that the Purchased Services and any necessary software used in connection with the Purchased Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Purchased Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyShoppingJobs.Com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Purchased Services or the Software, in whole or in part.

MyShoppingJobs.Com grants you a personal, non-transferable and non- exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Purchased Services. You agree not to access the Purchased Services by any means other than through the interface that is provided by MyShoppingJobs.Com for use in accessing the Purchased Services.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

   1. YOUR USE OF THE PURCHASED SERVICES IS AT YOUR SOLE RISK. THE PURCHASED SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYSHOPPINGJOBS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

   2. MYSHOPPINGJOBS.COM MAKES NO WARRANTY THAT (i) THE PURCHASED SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PURCHASED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PURCHASED SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PURCHASED SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

   3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PURCHASED SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSHOPPINGJOBS.COM OR THROUGH OR FROM THE PURCHASED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

   5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PURCHASED SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PURCHASED SERVICES. IMMEDIATELY DISCONTINUE USE OF THE PURCHASED SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PURCHASED SERVICES -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYSHOPPINGJOBS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 MYSHOPPINGJOBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PURCHASED SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PURCHASED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PURCHASED SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE PURCHASED SERVICES.

17. 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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

19. NOTICE

MyShoppingJobs.Com may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Purchased Services.

20. TRADEMARK INFORMATION

MyShoppingJobs.Com, the MyShoppingJobs.Com logo and other MyShoppingJobs.Com logos and product and service names are trademarks of MyShoppingJobs.Com (the "MyShoppingJobs.Com Marks"). Without MyShoppingJobs.Com's prior permission, you agree not to display or use in any manner, the MyShoppingJobs.Com Marks.

21. GENERAL INFORMATION

Entire Agreement. The Terms of Use constitute the entire agreement between you and MyShoppingJobs.Com and govern your use of the Purchased Services, superceding any prior agreements between you and MyShoppingJobs.Com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyShoppingJobs.Com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Use and the relationship between you and MyShoppingJobs.Com shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You and MyShoppingJobs.Com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Natrona, Wyoming.

Waiver and Severability of Terms. The failure of MyShoppingJobs.Com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms 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 of Use remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your MyShoppingJobs.Com account is non-transferable and any rights to your MyShoppingJobs.Com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 Purchased Services or the Terms 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 of Use are for convenience only and have no legal or contractual effect.

22. VIOLATIONS

Please report any violations of the Terms of Use to our Support Team.