1. Your relationship with Dereklovesshopping.com
1.1 Your use of Dereklovesshopping.com’s
products, software, services and web sites (referred to collectively
as the “Services” in this document and excluding any services provided
to you by Dereklovesshopping.com under a separate written agreement)
is subject to the terms of a legal agreement between you and Dereklovesshopping.com.
This document explains how the agreement is made up, and sets out some
of the terms of that agreement.
1.2 Unless otherwise agreed in
writing with Dereklovesshopping.com, your agreement with Dereklovesshopping.com
will always include, at a minimum, the terms and conditions set out
in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Dereklovesshopping.com
will also include the terms of any Legal Notices applicable to the Services,
in addition to the Universal Terms. All of these are referred to below
as the “Additional Terms”. Where Additional Terms apply to a Service,
these will be accessible for you to read either within, or through your
use of, that Service.
1.4 The Universal Terms, together
with the Additional Terms, form a legally binding agreement between
you and Dereklovesshopping.com in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction
between what the Additional Terms say and what the Universal Terms say,
then the Additional Terms shall take precedence in relation to that
Service.
2. Accepting the Terms
2.1 In order to use the Services,
you must first agree to the Terms. You may not use the Services if you
do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the
Terms, where this option is made available to you by Dereklovesshopping.com
in the user interface for any Service; or
(B) by actually using the Services. In
this case, you understand and agree that Dereklovesshopping.com will
treat your use of the Services as acceptance of the Terms from that
point onwards.
2.3 You may not use the Services
and may not accept the Terms if (a) you are not of legal age to form
a binding contract with Dereklovesshopping.com, or (b) you are a person
barred from receiving the Services under the laws of the United States
or other countries including the country in which you are resident or
from which you use the Services.
2.4 Before you continue, you should
print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Dereklovesshopping.com
has provided you with a translation of the English language version
of the Terms, then you agree that the translation is provided for your
convenience only and that the English language versions of the Terms
will govern your relationship with Dereklovesshopping.com.
3.2 If there is any contradiction
between what the English language version of the Terms says and what
a translation says, then the English language version shall take precedence.
4. Provision of the Services by Dereklovesshopping.com
4.1 Dereklovesshopping.com has subsidiaries
and affiliated legal entities around the world (“Subsidiaries and
Affiliates”). Sometimes, these companies will be providing the Services
to you on behalf of Dereklovesshopping.com itself. You acknowledge and
agree that Subsidiaries and Affiliates will be entitled to provide the
Services to you.
4.2 Dereklovesshopping.com is
constantly innovating in order to provide the best possible experience
for its users. You acknowledge and agree that the form and nature of
the Services which Dereklovesshopping.com provides may change from time
to time without prior notice to you.
4.3 As part of this continuing
innovation, you acknowledge and agree that Dereklovesshopping.com may
stop (permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally at Dereklovesshopping.com’s
sole discretion, without prior notice to you. You may stop using the
Services at any time. You do not need to specifically inform Dereklovesshopping.com
when you stop using the Services.
4.4 You acknowledge and agree
that if Dereklovesshopping.com disables access to your account, you
may be prevented from accessing the Services, your account details or
any files or other content which is contained in your account.
4.5 You acknowledge and agree
that while Dereklovesshopping.com may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision
of any Service, such fixed upper limits may be set by Dereklovesshopping.com
at any time, at Dereklovesshopping.com’s discretion.
5. Use of the Services by you
5.1 In order to access certain
Services, you may be required to provide information about yourself
(such as identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the Services.
You agree that any registration information you give to Dereklovesshopping.com
will always be accurate, correct and up to date.
5.2 You agree to use the Services
only for purposes that are permitted by (a) the Terms and (b) any applicable
law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of data
or software to and from the United States or other relevant countries).
5.3 You agree not to access (or
attempt to access) any of the Services by any means other than through
the interface that is provided by Dereklovesshopping.com, unless you
have been specifically allowed to do so in a separate agreement with
Dereklovesshopping.com. You specifically agree not to access (or attempt
to access) any of the Services through any automated means (including
use of scripts or web crawlers) and shall ensure that you comply with
the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not
engage in any activity that interferes with or disrupts the Services
(or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically
permitted to do so in a separate agreement with Dereklovesshopping.com,
you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose.
5.6 You agree that you are solely
responsible for (and that Dereklovesshopping.com has no responsibility
to you or to any third party for) any breach of your obligations under
the Terms and for the consequences (including any loss or damage which
Dereklovesshopping.com may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that
you are responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services.
6.2 Accordingly, you agree that
you will be solely responsible to Dereklovesshopping.com for all activities
that occur under your account.
6.3 If you become aware of any
unauthorized use of your password or of your account, you agree to notify
Dereklovesshopping.com immediately at info@dereklovesshopping.com
7. Privacy and your personal information
7.1 For information about Dereklovesshopping.com’s
data protection practices, please read Dereklovesshopping.com’s privacy
policy. This policy explains how Dereklovesshopping.com treats your
personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your
data in accordance with Dereklovesshopping.com’s privacy policies.
8. Content in the Services
8.1 You understand that all information
(such as data files, written text, computer software, music, audio files
or other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services are
the sole responsibility of the person from which such content originated.
All such information is referred to below as the “Content”.
8.2 You should be aware that Content
presented to you as part of the Services, including but not limited
to advertisements in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to Dereklovesshopping.com
(or by other persons or companies on their behalf). You may not modify,
rent, lease, loan, sell, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically
told that you may do so by Dereklovesshopping.com or by the owners of
that Content, in a separate agreement.
8.3 Dereklovesshopping.com reserves
the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content from any Service.
For some of the Services, Dereklovesshopping.com may provide tools to
filter out explicit sexual content.
8.4 You understand that by using
the Services you may be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect, you use the Services
at your own risk.
8.5 You agree that you are solely
responsible for (and that Dereklovesshopping.com has no responsibility
to you or to any third party for) any Content that you create, transmit
or display while using the Services and for the consequences of your
actions (including any loss or damage which Dereklovesshopping.com may
suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree
that Dereklovesshopping.com (or Dereklovesshopping.com’s licensors)
own all legal right, title and interest in and to the Services, including
any intellectual property rights which subsist in the Services (whether
those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services may
contain information which is designated confidential by Dereklovesshopping.com
and that you shall not disclose such information without Dereklovesshopping.com’s
prior written consent.
9.2 Unless you have agreed otherwise
in writing with Dereklovesshopping.com, nothing in the Terms gives you
a right to use any of Dereklovesshopping.com’s trade names, trade
marks, service marks, logos, domain names, and other distinctive brand
features.
9.3 If you have been given an
explicit right to use any of these brand features in a separate written
agreement with Dereklovesshopping.com, then you agree that your use
of such features shall be in compliance with that agreement, any applicable
provisions of the Terms, and Dereklovesshopping.com’s brand feature
use guidelines as updated from time to time.
9.4 Other than the limited license
set forth in Section 11, Dereklovesshopping.com acknowledges and agrees
that it obtains no right, title or interest from you (or your licensors)
under these Terms in or to any Content that you submit, post, transmit
or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those rights
may exist). Unless you have agreed otherwise in writing with Dereklovesshopping.com,
you agree that you are responsible for protecting and enforcing those
rights and that Dereklovesshopping.com has no obligation to do so on
your behalf.
9.5 You agree that you shall not
remove, obscure, or alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed to or contained
within the Services.
9.6 Unless you have been expressly
authorized to do so in writing by Dereklovesshopping.com, you agree
that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that
is likely or intended to cause confusion about the owner or authorized
user of such marks, names or logos.
10. License from Dereklovesshopping.com
10.1 Dereklovesshopping.com gives
you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software provided to you by Dereklovesshopping.com
as part of the Services as provided to you by Dereklovesshopping.com
(referred to as the “Software” below). This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services
as provided by Dereklovesshopping.com, in the manner permitted by the
Terms.
10.2 You may not (and you may
not permit anyone else to) copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt to extract the source
code of the Software or any part thereof, unless this is expressly permitted
or required by law, or unless you have been specifically told that you
may do so by Dereklovesshopping.com, in writing.
10.3 Unless Dereklovesshopping.com
has given you specific written permission to do so, you may not assign
(or grant a sub-license of) your rights to use the Software, grant a
security interest in or over your rights to use the Software, or otherwise
transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and
any other rights you already hold in Content which you submit, post
or display on or through, the Services. By submitting, posting or displaying
the content you give Dereklovesshopping.com a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to reproduce, adapt,
modify, translate, publish, publicly perform, publicly display and distribute
any Content which you submit, post or display on or through, the Services.
This license is for the sole purpose of enabling Dereklovesshopping.com
to display, distribute and promote the Services and may be revoked for
certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license
includes a right for Dereklovesshopping.com to make such Content available
to other companies, organizations or individuals with whom Dereklovesshopping.com
has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
11.3 You understand that Dereklovesshopping.com,
in performing the required technical steps to provide the Services to
our users, may (a) transmit or distribute your Content over various
public networks and in various media; and (b) make such changes to your
Content as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. You
agree that this license shall permit Dereklovesshopping.com to take
these actions.
11.4 You confirm and warrant to
Dereklovesshopping.com that you have all the rights, power and authority
necessary to grant the above license.
12. Software updates
12.1 The Software which you use
may automatically download and install updates from time to time from
Dereklovesshopping.com. These updates are designed to improve, enhance
and further develop the Services and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions.
13. Ending your relationship with
Dereklovesshopping.com
13.1 The Terms will continue to
apply until terminated by either you or Dereklovesshopping.com as set
out below.
13.2 If you want to terminate
your legal agreement with Dereklovesshopping.com, you may do so by (a)
notifying Dereklovesshopping.com at any time and (b) closing your accounts
for all of the Services which you use, where Dereklovesshopping.com
has made this option available to you. Your notice should be sent, in
writing, to Dereklovesshopping.com’s address which is displayed on
the contact page.
13.3 Dereklovesshopping.com may
at any time, terminate its legal agreement with you if:
(A) you have breached any provision of
the Terms (or have acted in manner which clearly shows that you do not
intend to, or are unable to comply with the provisions of the Terms);
or
(B) Dereklovesshopping.com is required
to do so by law (for example, where the provision of the Services to
you is, or becomes, unlawful); or
(C) the partner with whom Dereklovesshopping.com
offered the Services to you has terminated its relationship with Dereklovesshopping.com
or ceased to offer the Services to you; or
(D) Dereklovesshopping.com is transitioning
to no longer providing the Services to users in the country in which
you are resident or from which you use the service; or
(E) the provision of the Services to
you by Dereklovesshopping.com is, in Dereklovesshopping.com’s opinion,
no longer commercially viable.
13.4 Nothing in this Section shall
affect Dereklovesshopping.com’s rights regarding provision of Services
under Section 4 of the Terms.
13.5 When these Terms come to
an end, all of the legal rights, obligations and liabilities that you
and Dereklovesshopping.com have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph 20.7 shall continue
to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING
SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Dereklovesshopping.com’s
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND
AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, DEREKLOVESSHOPPING.COM,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET
YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS
A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEREKLOVESSHOPPING.COM
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
14.6 DEREKLOVESSHOPPING.COM FURTHER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION
IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEREKLOVESSHOPPING.COM,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE
TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED
BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT
OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH DEREKLOVESSHOPPING.COM
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF,
OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED
OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE DEREKLOVESSHOPPING.COM
WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON Dereklovesshopping.com’s
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
DEREKLOVESSHOPPING.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE
OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Dereklovesshopping.com’s
policy to respond to notices of alleged copyright infringement that
comply with applicable international intellectual property law (including,
in the United States, the Digital Millennium Copyright Act) and to terminating
the accounts of repeat infringers.
16.2 Dereklovesshopping.com operates
a trade mark complaints procedure in respect of Dereklovesshopping.com’s
advertising business.
17. Advertisements
17.1 Some of the Services are
supported by advertising revenue and may display advertisements and
promotions. These advertisements may be targeted to the content of information
stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent
of advertising by Dereklovesshopping.com on the Services are subject
to change without specific notice to you.
17.3 In consideration for Dereklovesshopping.com
granting you access to and use of the Services, you agree that Dereklovesshopping.com
may place such advertising on the Services.
18. Other content
18.1 The Services may include
hyperlinks to other web sites or content or resources. Dereklovesshopping.com
may have no control over any web sites or resources which are provided
by companies or persons other than Dereklovesshopping.com.
18.2 You acknowledge and agree
that Dereklovesshopping.com is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree
that Dereklovesshopping.com is not liable for any loss or damage which
may be incurred by you as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on
the completeness, accuracy or existence of any advertising, products
or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Dereklovesshopping.com may
make changes to the Universal Terms or Additional Terms from time to
time. When these changes are made, Dereklovesshopping.com will make
a new copy of the Universal Terms and any new Additional Terms will
be made available to you from within, or through, the affected Services.
19.2 You understand and agree
that if you use the Services after the date on which the Universal Terms
or Additional Terms have changed, Dereklovesshopping.com will treat
your use as acceptance of the updated Universal Terms or Additional
Terms.
20. General legal terms
20.1 Sometimes when you use the
Services, you may (as a result of, or through your use of the Services)
use a service or download a piece of software, or purchase goods, which
are provided by another person or company. Your use of these other services,
software or goods may be subject to separate terms between you and the
company or person concerned. If so, the Terms do not affect your legal
relationship with these other companies or individuals.
20.2 The Terms constitute the
whole legal agreement between you and Dereklovesshopping.com and govern
your use of the Services (but excluding any services which Dereklovesshopping.com
may provide to you under a separate written agreement), and completely
replace any prior agreements between you and Dereklovesshopping.com
in relation to the Services.
20.3 You agree that Dereklovesshopping.com
may provide you with notices, including those regarding changes to the
Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Dereklovesshopping.com
does not exercise or enforce any legal right or remedy which is contained
in the Terms (or which Dereklovesshopping.com has the benefit of under
any applicable law), this will not be taken to be a formal waiver of
Dereklovesshopping.com’s rights and that those rights or remedies
will still be available to Dereklovesshopping.com.
20.5 If any court of law, having
the jurisdiction to decide on this matter, rules that any provision
of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree
that each member of the group of companies of which Dereklovesshopping.com
is the parent shall be third party beneficiaries to the Terms and that
such other companies shall be entitled to directly enforce, and rely
upon, any provision of the Terms which confers a benefit on (or rights
in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship
with Dereklovesshopping.com under the Terms, shall be governed by the
laws of the State of California without regard to its conflict of laws
provisions. You and Dereklovesshopping.com agree to submit to the exclusive
jurisdiction of the courts located within the county of Santa Clara,
California to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that Dereklovesshopping.com shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
