SHOPSAVVY TERMS OF SERVICE
LICENSE AND APPLICATION ACCESS
ShopSavvy grants you a non-exclusive right and license to access and use the Application for personal, noncommercial purposes, other than to purchase or sell items through the Application’s Storefronts Service, or to purchase items from third-party merchants accessible via links on the Application. This license does not include and strictly prohibits: any resale of the Application or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Application or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Application, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of ShopSavvy. Any unauthorized use shall immediately terminate the licenses and rights granted by ShopSavvy and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Application so long as the link does not portray ShopSavvy, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any ShopSavvy, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Application without first obtaining the express written consent of ShopSavvy, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
ShopSavvy does not guarantee continuous, uninterrupted or secure access to its services or the Application, and the operation of the Application may be interfered with by numerous factors outside or within ShopSavvy’s control.
ShopSavvy provides a number of different services to assist you in comparison-shopping for products and services on the Application. ShopSavvy may be paid by merchants or other third parties for listing products and services on the Application and for promotions such as featured merchants, featured products and showcases.
ShopSavvy does not sell, resell or license any of the products listed on the Application, nor is ShopSavvy acting as an agent of sale, and ShopSavvy disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.
ShopSavvy does not warrant that product descriptions, pricing, editorial commentary or any other content of the Application, regardless of its source, is accurate, complete, reliable, current or error-free. Application content is provided for informational purposes only and does not constitute an endorsement by ShopSavvy of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. ShopSavvy assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Application.
OTHER BUSINESSES AND LINKS TO OTHER APPLICATIONS
ShopSavvy may provide links to the Applications of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by ShopSavvy of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. ShopSavvy is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
ShopSavvy has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Application or any business transaction that occurs as a result of products listed on the Application.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SHOPSAVVY, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH SHOPSAVVY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Application, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE APPLICATION IS PROVIDED BY SHOPSAVVY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOPSAVVY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE APPLICATION, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE APPLICATION; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPSAVVY SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. SHOPSAVVY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APPLICATION OR THE SERVICES. OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SHOPSAVVY’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOPSAVVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOPSAVVY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE APPLICATION OR BOUGHT AND/OR SOLD USING THE APPLICATION, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM SHOPSAVVY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPSAVVY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
ShopSavvy disclaims any responsibility for the content of any third party materials provided through or on its Application or other services (”Third Party Content”). ShopSavvy will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (”DMCA”), which may include ShopSavvy removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to ShopSavvy regarding matters other than informing ShopSavvy that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following Designated Agent:
Attn: General Counsel
8350 N. Central Expressway, Suite 250
Dallas, TX 75206
By Fax: (214) 550-2001
ADDRESS FOR NOTICE
Notices to ShopSavvy (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following link: http://www.biggu.com/contact-us/. ShopSavvy’s mailing address is:
Attn: General Counsel
8350 N. Central Expressway, Suite 250
Dallas, TX 75206
Mobile-specific information we collect
• Most of the personally identifying information we collect is what you tell us about yourself. For example, certain of our products and services allow you to interact and share personal information and data with others. You choose what you want to share and how you want to share it.
• Sometimes, we record your phone number. We record your phone number when you send it to us; ask us to remember it; or make a call or send a text message or SMS to or from ShopSavvy. If you ask us to remember your phone number, we will associate your phone number with your ShopSavvy Account, or, if you do not have a ShopSavvy Account, with some other similar account ID. We often generate this account ID based on your device and hardware IDs, so if you change your device or hardware, you will have to re-associate this new device or hardware with your account before we can authenticate you.
• We collect some information on device-level events, such as crashes, and associate that temporarily with your ShopSavvy Account in order to provide customer service.
• Most of the other information we collect for mobile, such as your device and hardware IDs and device type, the request type, your carrier, your carrier user ID, the content of your request, and basic usage stats about your device and use of ShopSavvy’s products and services does not by itself identify you to ShopSavvy, though it may be unique or consist of or contain information that you consider personal. However, if you use an iOS or Android-powered device, ShopSavvy will associate your device id with your ShopSavvy Account in order to provide services, such as sync functionality for your ShopSavvy email and contacts.
• Certain information, including information you may consider personal to you, may be stored locally on the device using mechanisms such as browser web storage. Please consult your device or client documentation on how to manage such local storage.
• If you use location-enabled products and services, such as maps for mobile, you may be sending us location information. This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area.
• Certain of our products and services allow you to download and/or personalize the content you receive from us. For these products and services, we will record information about your downloads and preferences, along with any information you provide yourself (such as a list of your favorite products to personalize your Lists). If the product or service requires you to log in with a ShopSavvy Account, this information will be associated with your ShopSavvy Account.
• If you use ShopSavvy to transcode, or format, non-mobile pages to display properly on your device, we need to send your request to ShopSavvy’s servers for formatting. That means that we will record these requests, which are generally for material beyond ShopSavvy’s sites.
• For products and services with voice recognition capabilities, we collect and store a copy of the voice input you make to the product or service and corrections you make to the returned recognition result. To improve processing of your voice input, we may also continuously record in temporary memory a few seconds of ambient background noise. This recording stays only temporarily on the device and is not sent to ShopSavvy. If you choose to personalize voice recognition, we will associate your voice data with your ShopSavvy Account.
• We use your information to process and personalize your requests. We also use the information for support, to develop new features, and to improve the overall quality of ShopSavvy’s products and services.
• We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience.
• If you purchase something through ShopSavvy’s products and services, we may also use your information to bill you and to handle billing disputes.
Information sharing and onward transfer
• All requests must be sent through your mobile carrier’s network and your carrier may have access to it. For information regarding your carrier’s treatment of your information, please consult your carrier’s privacy policies.
• If you decide to use third party applications on your device, any information those applications collect may be sent to third parties and the ShopSavvy privacy policies do not apply. However, third party applications may have their own privacy policies that you should review.
• We may share your information with certain third parties we use to perform certain functions, such as billing and text message or SMS delivery. These third parties will be required to treat your information in accordance with the applicable ShopSavvy privacy policies. We may also share some information with your wireless operator in order to perform customer service functions.
• Certain of our products and services allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others.
• Certain of our products and services allow you to opt-out of certain information gathering and sharing or to opt-out of certain products, services, or features. Each product has a help page, which describes these and other options.
c/o ShopSavvy Inc.
8350 N. Central Expressway, Suite 250
Dallas, TX 75206