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2023 ShoprLive Inc. All rights reserved
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (the “Terms”) are a binding legal agreement between you and Shopr also known as "ShoprLive Inc." its representatives, affiliates, officers, directors and employees (Collectively “Shopr", "ShoprLive”, "we", "us"). The Terms govern your use of the Shopr Platform, Website, Service and product (the “Shopr Platform”, “Shopr Service”, "askshopr.com" “Service” or “Platform”).
Shopr is a technological Platform that enables Users to access content posted by Registered Users or Members and to post, comment, chat through live video call and audio call or messages between registered Users. Shopr is also operating its own profile and Users powered by AI technology and trained to provide guidance to Users and Members of the platform. Shopr may make additional optional services available to Users from time to time.
You may not use the Service without first agreeing to these Terms. By accessing or using the Shopr Service, you expressly acknowledge that you understand and accept these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SHOPR PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE SHOPR PLATFORM.
Shopr reserves the right to modify these Terms, and any such modifications will be effective immediately when we post the modified Terms on the Shopr website and Shopr Platform. Your continued use of the Service and/or Shopr Platform, constitutes your consent to such changes.
Shopr’s Privacy Policy https://about.askshopr.com/privacy is incorporated herein by reference and forms an integral part of these Terms.
In order to open an account to use the Shopr Platform, you must be at least 18 years of age. Users under the age of 18 are only permitted to access and use the Website while under the direct supervision of a parent or guardian who agrees to be bound by these Terms of Service. The Shopr Platform is not available to any users previously removed from the Shopr Platform.
Shopr is a social Platform where users can post content and interact between users. You agree not to violate any law, contract, intellectual property or other third party right; not to commit a tort and that you are solely responsible for your conduct while on Shop. You must only use Shopr in accordance with these Terms of Service.
Prohibited Use.
- You agree that you will not, will not permit and report any User that use the Service to Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- Communicate with other Users using abusive language or inappropriate conduct;
- Impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Shopr Service accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Shopr Service; or perform any other similar fraudulent activity;
- To harvest or collect email addresses or other contact information of other users from the Shopr Platform;
- Defame, harass, abuse, threaten, or defraud users of the Shopr Platform, or collect or attempt to collect, personal information about users or third parties without their consent;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Shopr Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- Modify, adapt, translate, or create derivative works based upon the Shopr Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Interfere with or damage the operation of the Shopr Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- Manipulate identifiers in order to disguise the origin of any User Content transmitted through the Shopr Service;
- Interfere with or disrupt the Shopr Service or servers or networks connected to the Shopr Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Shopr Service; use the Shopr Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Shopr Service, or that could damage, disable, overburden, or impair the functioning of the Shopr Service in any manner;
- Attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Use the Shopr Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Shopr takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Shopr liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Shopr Service. Your use of Shopr Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Shopr Platform will not contain any content that is prohibited by such rules.
Shopr is not liable for any statements or representations included in User Content or User Interaction. Shopr does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Shopr expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Shopr reserves the right to remove, screen, or edit any User Content posted or stored on the Shopr Platform at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Shopr Service at your sole cost and expense. Any use of the Shopr Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Shopr Service.
In order to open an account and use certain services, you are required to register with Shopr. To register for an Account you will be asked to provide us with certain information about Yourself such as but not limited to, an email address, a username and a password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Service under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Shopr upon registration and at all other times is true, accurate, current and complete.
Unless expressly permitted in writing by Shopr, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. You may close your account at any time by sending us an email at support@askshopr.com
Shopr reserves all available legal rights and remedies to prevent unauthorized use of the Shopr Service.
Shopr allows you to post content like, but not limited to, video and images and to use services such as text messages, video or audio calls between users. (“User Content”). When you choose to upload documents or data (including any images or text), ShoprLive Inc. does not review or pre-screen the contents of electronic data uploaded or posted to the Platform (“Content”) and ShoprLive Inc. claims no intellectual property rights with respect to the Content. Content is for informational purposes only and any reliance on Content posted and/or discussed between Users on the Platform is at your own risk. Quality and reliability of information shared on the Platform between Users is the sole responsibility of the User that has posted and/or claims this information. Users are using the Shopr Platform as a way to communicate with you. Any information or advice received from a User comes from them alone, and not from Shopr. Shopr does not recommend or endorse any specific products or services. You acknowledge that your reliance on any Providers or information delivered by a User via the Platform is solely at your own risk and assume full responsibility for all risks associated herewith. Shopr does not make any representations or warranties about the training or skill of any User who delivers services via the Platform. You are ultimately responsible for choosing the User you interact with.
A. License to Shopr.
If you submit, transmit, display, perform, post, or store User Content using the Shopr Platform, you grant Shopr and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Shopr Service (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Shopr and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.(iii) With respect to streaming live and audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Shopr Platform, or generally by closing your account, except:(a) Shopr used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.
B. User content and warranties.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Shopr or third parties. Shopr reserves all rights and remedies against any users who breach these representations and warranties.
C. Content is Uploaded at Your Own Risk.
Shopr uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Shopr does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Shopr shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Shopr for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY SHOPR HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
D. Endorsements/Testimonials.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Shopr Platform, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Shopr Service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Shopr, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Shopr Platform.
The Shopr Platform, all contents and rights therein are and will remain Shopr's property or the property of the third party working with Shopr. Neither these Terms nor your use of the Shopr Platform convey or grant to you any rights to use or reference in any manner Shopr’s brand elements, company name, logo, visual interfaces, graphics, product and Service names, trademarks or Service marks. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any Content (as defined in these Terms).
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website. To the fullest extent permitted by applicable law, Shopr reserves the right, without notice and in our sole discretion, to terminate your access to the Shopr Platform at any time and to block or prevent your future access to and use of Shopr or any future account creation on the Shopr Platform; including where we reasonably consider that your use of Shopr violates these terms of Service or applicable law, you fraudulently use or misuse the Shopr Service or we are unable to continue providing the Shopr Service to you due to technical or legitimate business reasons. Our right to terminate your use of the Service includes the ability to terminate or to suspend your access to any purchased products, features or services, including any subscription. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email.
A. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ShoprLive Inc., including our officers, directors, shareholders, employees and agents, third-party suppliers and partners (individually and collectively the “Shopr Parties”) from and against any and all claims, losses, damages, demands and expenses, costs, and liabilities including legal fees and disbursements, which are made against us and arise out of your use of the Website, any user content you post or your interaction with other users through the Shopr Service, including but not limited to your violation of any term of these Terms of Use, any other policy posted on the Website or any breach of the representations, warranties and covenants made by you herein.
B. No Warranties
You understand to the fullest extent permitted by applicable law that the Shopr Service and the content and materials contained therein are provided “AS IS '' basis without warranty of any kind, either express or implied, except as expressly provided to the contrary in writing by Shopr. Shopr disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement as to the Shopr Service, including but not limited to any information, content or material contained therein. Shopr, its affiliates, suppliers make no warranties or representations regarding the availability of the Service and the results that may be obtained from the use of the Services, regarding the accuracy or reliability of any information, advice or recommendation obtained through the Services, whether oral or written or that the services will meet any user’s requirements, or be uninterrupted, timely, secure or error free. Use of the Service is at your sole risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOPR OR THROUGH THE SHOPR PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
C. Limitation of liability
To the fullest extent permitted by applicable law, in no event will ShoprLive Inc. (which in this section includes its directors, officers, employees, shareholders, affiliates, agents and independent third party contractors) be liable for any special, incidental, indirect, exemplary, punitive or consequential damages whatsoever, lost of data or income related to, in connection with, or otherwise resulting from any use of or inability to use the Shopr Platform, the content and the interaction you may have on the Platform with other Users or the materials including without limitation any damages caused by or resulting from reliance on any information obtained from Shopr or from product or services that have been recommended to you through your interaction with another user on the Shopr Platform. In any case, Shopr, it’s affiliates’ and suppliers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the Service (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims.
Shopr makes no representations whatsoever about any other website that you may access through our Platform or Service. When you access a third-party website or application, please understand that it is independent from Shopr, that we have no control over the content on that website and that it does not mean the Shopr or accepts any responsibility for the content, or the use, of the linked site.
We or our User provide links on the Shopr Platform to other websites or resources for your convenience. Shopr is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources.
Shopr disclaims any responsibility or liability for copyrighted materials posted on our Platform.
Shopr respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Shopr’s team at support@askshopr.com subject. Copyright Inquiry
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against ShoprLive Inc. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against ShoprLive Inc. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
a. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
b. Severability
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shopr without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the ShoprLive Inc., you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.
These Terms constitute the entire agreement and understanding of ShoprLive inc. and you with respect to their subject matter, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
If you have questions about the Shopr Platform or its use, you can contact Shopr by sending an email at support@askshopr.com with the subject: Terms inquiry.