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  • Terms of Service

    Effective Date: December 24, 2010

    1. In General

    These Terms of Service (“Terms”, “Agreement” and “TOS”) govern your access to and use of the services and Shooples' websites (the “Service”, “Product”, “Site” and “Shooples”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Policy before you can become a member of Shooples. You should check this page regularly to take notice of any changes we may have made to the Terms.
    • Access to the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. Furthermore we reserve the right to refuse service to anyone for any reason at any time.
    • You are not allowed to upload pornographic content or content that is racist or unlawful.
    • We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.
    • The Service may contain links to other websites, which are not operated by the Service (the "Linked Sites"). We carefully pick out whom to link and refer our users to, however, Shooples has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
    • Shooples does not warrant 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 Service will be corrected.
    • You expressly understand and agree that Shooples shall 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 resulting from the use of or inability to use the service.
    • In no event shall Shooples or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shooples partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
    • 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 without written permission by Shooples.
    • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Shooples customer, employee, member, or officer will result in immediate account termination.
    • We do not claim any intellectual property rights over the material you provide to the Shooples service. All material you upload remains yours. You can remove your Shooples store at any time by deleting your account.
    • By uploading images and item description content to the Service, you agree to allow other internet users to view them and you agree to allow Shooples to display and store them and you agree that Shooples can, at any time, review all the content submitted by you to its Service.
    • The failure of Shooples to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Shooples and govern your use of the Service, superseding any prior agreements between you and Shooples (including, but not limited to, any prior versions of the Terms of Service).
    • Shooples does not pre-screen content and it is in their sole discretion to refuse or remove any content that is available via the Service.

    2. Privacy Policy

    Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. What Information Do We Collect? When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site. 2.1 Personal Information You Choose to Provide Registration Information You will provide us information about yourself, your firm or company, and your practices when you register to be a member of the Service, register for certain services, or register for email newsletters and alerts. You may also provide additional comments on how you see the Service servicing your needs and interests. Email Information If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. 2.2 Web Site Use Information Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. We, our advertisers and ad serving companies, may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them. 2.3 How Do We Use the Information That You Provide to Us? Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Site, Service and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at info@shooples.com. 2.4 What Are Cookies? A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners use cookies that originate from their sites. We have no access or control over those cookies. 2.5 How Do We Use Information We Collect from Cookies? As you use our Web site, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our Web server's log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve our Web site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies. 2.6 Sharing Information with Third Parties We may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding the Service. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. For example, some of our partners operate stores or provide services on our site, while others power offerings developed by us for your use. We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution. 2.7 Notice of New Services and Changes Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at info@shooples.com. 2.8 How Do We Protect Your Information? How Do We Secure Information Transmissions? Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on our Web site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP. Please contact info@hoomit.com if you have any questions or concerns. How Can You Access and Correct Your Information? You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing info@shooples.com. Certain Disclosures We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties. What About Other Web Sites Linked to Our Web Site? We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site. Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites, which have a link on our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before proceeding. 2.9 Your Consent By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Web site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

    3. Shooples and Children

    We love children! But the Site and Services are not intended for use by children. Anyhow we think everyone should be able to create a Shooples store, therefore, if you are under 18 years of age, you may use the Site or the Services only sith the involvement and permission of your parent and guardian.

    4. Payment

    If you have chosen to upgrade to our paid Service, Premium, you should be aware of the following Terms:
    • The Service will be billed in the intervals you have chosen (each month, each 3rd month or every 12 months). When your billing period is over you will be sent an invoice via email. You have approximately two weeks to bring up and settle any issues with the billing.
    • If we don’t receive payment for the Premium Service we will downgrade your Shooples store to the Freemium model and we will not be responsible for any loss that might happen as an result of the downgrade. You can always upgrade your Shooples store later.
    • Shooples does not provide refunds.

    Cancellation

    • You may cancel your account at anytime by deleting it on your administration page or emailing info@Shooples.com
    • Once your account is cancelled all of your content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
    • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
    • Fraud: Without limiting any other remedies, Shooples may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

    The Service and prices

    • Prices for using Shooples are subject to change upon 14 days notice from Shooples. Such notice may be provided at any time by posting the changes to Shooples.com or the dashboard of your Shooples store.
    • Shooples reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
    • Shooples shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

    5. Limitation of Claims

    Any cause of action you may have with respect to your use of the Services must be commenced within 1 year after the claim or cause of action arises.

    6. Intellectual Property, Software and Content

    The intellectual property rights in all software and content made available to you on or through the Service remains the property of Shooples or its licensors and are protected by copyright laws and treaties around the world. Shooples and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, modify, translate, reverse engineer, decompile, disassemble, create derivative works or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    7. Entire Agreement

    Shooples is always looking for ways to improve the Site and the Services and, as a result, may amend these Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Shooples. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Shooples.


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