Please read our terms and conditions and check the box below if you agree: |
1. ACCEPTANCE OF TERMS
Welcome to Consumer Brigade! These terms and conditions (together with the documents referred on it) (“Terms”) tells you the terms on which you may access and make use of the Consumer Brigade website and blog network (the “Network”) or related services (the “Service”), whether as a guest user or a registered user with an account (each, a “User”). Users with an Account and Users who administer a blog and receive payment are subject to additional terms, as described herein. If you do not wish to agree to these Terms, you should not use our Network or Service. By using our Network or Service, you are agreeing to these Terms, which constitute an agreement between you and Shopzilla, Inc. (“we” or “Shopzilla”) which owns and operates the Consumer Brigade Network. Shopzilla reserves the right to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Network. It is your responsibility to check for updates to the Terms. Your continued use of the Network indicates your acceptance of any and all revised Terms.
2. ACCESS AND ACCOUNTS
Access to our Network is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Network without notice. We will not be liable if for any reason our Network is unavailable at any time or for any period. As such, our Network and Service are provided to you on an “as is” basis. We restrict access to certain parts of our Network to Users who have registered an account with us.
If you would like to create or post content on the Network, you will need to create an account. Only adults (18 years and over) may create an account with us. You are responsible for any and all activities occurring or content that is posted under your account. If you discover any unauthorized activity under your account, please alert Shopzilla immediately, by sending an email to legal@consumerbrigade.com.
If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account. Corporations or other business entities are not eligible to become registered Users. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
To register, you must select a username (”ID”) and a password that will allow you to access your Account and update your information. We have the right to disable any account or password if, in our reasonable opinion, your account information has been compromised. You authorize us to act on instructions received under your ID and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID, PASSWORD, AND OTHER ACCOUNT INFORMATION CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL TRANSACTIONS AND OTHER ACTIVITIES THAT OCCUR UNDER YOUR ID AND PASSWORD.
3. ACCEPTABLE USE AND CONTEST STANDARDS
Most of the Content on the Network is provided by Users and is the responsibility of the User or persons making the posting. In some cases, the Content may be offensive, harmful, inaccurate or otherwise objectionable. We do not endorse or take responsibility for the Content and cannot monitor it. You acknowledge that any reliance on Content posted via the Service will be at your own risk. If you are creating or posting Content on the Network, you agree to do your best to create good quality, relevant Content.
The Content must:
Comply with our Content Guidelines (http://consumerbrigade.com/terms-agreements/content-guidelines/)
Be accurate (where they state facts);
Be genuinely held (where they state opinions);
Comply with applicable law in the U.S. and any locality from which it is posted.
You are solely responsible for Content you upload and/or create including text, data, images, video and links that You choose to display on the Network.
You may respond to emails from direct communications to you from Users of the Network.
You may only upload/use or display Content to which you have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. You must have permission to use third party content.
4. RESTRICTIONS AND PROHIBITIONS ON USE
As a User, You may Not:
Use the Network or the Service to violate any Federal, state or local laws. Your Content must comply with all local laws regarding online conduct and acceptable content.
Modify any Content that you did not create or upload to the Network.
Copy, post or display any Content on the Network on any third party web site or page.
Link to pages or sites that are unrelated to the designated topic and content of the blog or web page where your Content is displayed.
Remove, decompile, disassemble or reverse engineer any Software (as defined below) or use any network monitoring or discovery software to determine the Network architecture.
Create or display Content in breach of a confidentiality or fiduciary obligation You may have.
Attempt to automatically redirect Network users to other domains, mislead users of the origins of the Content you create or display on the Network.
Impersonate another User or any representative or employee of Shopzilla.
Disrupt the Service, or any servers by embedding code in or otherwise attacking the Service.
Create or display Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
Spam any Users or mass email any User in an automated fashion.
Collect personal identifiable information about any Users on the Network, or sell or transfer that information.
Use any automatic or manual process to harvest Content, email addresses or other information from the Network.
Harass, threaten or intimidate Users or others who use the Service.
Create or display Content written primarily in a language other than English.
Promote gambling or links to sites that promote/offer gambling for money.
Contains misleading tags and/or titles that don’t match the Content, including irrelevant/excessive tagging.
5. SUSPENSION and TERMINATION of THE SERVICE OR YOUR ACCOUNT
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof, without liability to You or any third party. We, in our sole discretion, may suspend or terminate your password, account or use of or access to the Service, and remove and delete any Content, for any reason. In addition, we may disclose information about you to law enforcement authorities or third party complainants as we reasonably feel is necessary or required, including but not limited to disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Network constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
6. PROPRIETARY RIGHTS CONTENT OWNERSHIP
As a registered User, you will be able to incorporate different types of content on the blogs or web pages within the Network (”Content”).
By creating or submitting Content to our Network, you grant to us a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from (including, without limitations, translations) and/or sell and/or distribute the Content (in whole or in part) and/or incorporate such content into any form, medium or technology.
You also grant to us the right to sublicense any and all of the foregoing rights to third parties including any of our associated companies, advertising networks of our distribution partners and third-party service providers.
You agree to waive any moral rights you have in the Content (including the right to be identified as the author) so that we may adapt and exploit the Content freely and without restriction.
You acknowledge that the Content is free from any obligation of confidence or similar restriction.
We may display advertisements in connection with your Content and use your Content for advertising and promotional purposes. You acknowledge and agree that your Content may be included on websites and advertising networks of our distribution partners and third-party service providers. Shopzilla may preserve and store Content, and may also disclose Content if required to do so by law or if Shopzilla believes in good faith that such preservation or disclosure is reasonably necessary to respond to claims that any Content violates the rights of third parties, or to protect the rights, property or safety of Shopzilla, its users and the public.
The User, and not Shopzilla, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the User. Shopzilla cannot guarantee the accuracy, integrity or quality of such Content. Shopzilla does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Shopzilla also cannot take responsibility for anything that Users may do in reliance on the Content you post on the Network.
The Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Shopzilla, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Network, except as expressly allowed herein, is strictly prohibited. Shopzilla may at any point make additional software and tools available to Users in connection with the Service. These terms and conditions and all guidelines and policies apply to the ownership and use of such additional software and tools.
7. TRADEMARKS AND SERVICE MARKS
Shopzilla®”, “BizRate®” and “Consumer Brigade” are Shopzilla service marks or trademarks. Other product and company names mentioned on the Network may be the trademarks of their respective owners.
8. LINKS TO THIRD PARTY NETWORKS
The Network may include links to other sites or resources over which Shopzilla has no control or responsibility. Shopzilla does not monitor, investigate or check these sites for accuracy or completeness. As a result, Shopzilla is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external Networks. Each User is responsible for what links he or she elects to put in his or her web pages or blogs on the Network.
9. EARNING MONEY THROUGH CONSUMERBRIGADE
Shopzilla offers certain Users who administer blogs on the Network the ability to share in advertising revenue via Shopzilla’s Publisher Program, by assigning a publisher ID to your Account, after your successful acceptance into the Shopzilla Publisher Program.
Your use of the Services constitutes Your agreement to uphold and be subject to these additional terms and conditions. Shopzilla reserves the right to modify the terms of the Publisher Program at any time.
10. PRIVACY POLICY
Shopzilla may disclose to third parties certain aggregate information contained in Your registration data or related data as provided by our Privacy Policy. Third parties may make use of behavior surfing on the Network and use the data in an ad targeting engine. Shopzilla will only disclose personally identifying information as authorized by You or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce these Terms, or in accordance with the Shopzilla Privacy Policy which constitutes a part of these Terms which you can access via this link http://consumerbrigade.com/privacy-policy/.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of the Content.
12. INDEMNIFICATION
You agree to indemnify, defend and hold Shopzilla and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Network.
13. DISCLAIMER
THE NETWORK AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE NETWORK AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SHOPZILLA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
14. LIMITATION OF LIABILITY
You expressly understand and agree that Shopzilla will not be liable 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 advised of the possibility of such damages), resulting from the use or the inability to use the Service or Network, unauthorized access to or alteration of Content or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. Shopzilla also will not be liable for any loss or damage arising from Your failure to comply with the provisions of these Terms.
15. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Network;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by directing an e-mail to the Copyright Agent at legal@consumerbrigade.com.
16. GOVERNING LAW
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
17. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other agreements incorporated by reference in these Terms or entered into between You and us in connection with your registration as a User, constitute the entire agreement between you and us and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Shopzilla services (such as Publisher Program), third-party content or third-party software.
18. WAIVER
The failure of Shopzilla to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
19. DISPUTE RESOLUTION
If you wish to complain about any use of our Network, User or Content posted to our Network, please contact us at:
Attn: General Counsel
Shopzilla.com
12200 W Olympic Blvd, Suite 300
Los Angeles, CA 90064
Fax: (310) 903-4205
After you contact us, we will review your complaint and inform you of the outcome of our review within a reasonable time of receiving your complaint.
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