AliShops Digital LLC
1. Your Acceptance
AliShops Digital is intended for people who are 13 years old or older. If you are under the age of 13 you may not use the Software.
2. Software Access
In order to access the services of the Software, you will have to create an account. This allows AliShops Digital to customize the Software experience and show you the most relevant information. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account information. In addition, you agree to immediately notify AliShops Digital of any unauthorized use of your password or account or any other breach of security. AliShops Digital cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
By registering an account with the Software, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Software. To create an account you must be a legal resident of the United States who is at least 13 years of age. If you are younger than 18 years of age, then you need to ensure your parents’ consent to your using the Software and redeeming rewards.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Software in a manner that sends more request messages to the AliShops Digital servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AliShops Digital grants the operators of public search engines permission to use spiders to copy materials from the Software for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AliShops Digital reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other submissions (as defined below), from the Software, nor use the communication systems provided by the Software for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Software.
3. The AliShops Digital Software
As part of the services we provide, you may receive push notifications, local client notifications, text messages, pictures messages, alerts, emails or other types of messages directly sent to you outside or inside the Software (“Push Notifications”). You have control over the Push Notification settings, and can opt in or out of these Push Notifications through the Software or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
We may offer you the opportunity to invite your friends or contacts to download the AliShops Digital Application and enjoy its services. If you click to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You can edit that suggested content, and if you choose to send text message invitations those messages will be sent from the SMS functionality on your phone. If you do choose to send such invitations, you represent to AliShops Digital that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
5. AliShops Digital’s Content and Marks
The content created by the Software including without limitation, the text, articles, graphics, designs, sound recordings and photos created by AliShops Digital and for the Software, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AliShops Digital, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of AliShops Digital or as expressly provided herein. AliShops Digital reserves all rights not expressly granted in and to the Software and the Content contained therein.
6. User Submissions and Ownership Rights
If you choose to post User Submissions on the Software, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Software reflects your respect for the legal rights of users connected with the Software. You understand that AliShops Digital does not guarantee any confidentiality with respect to any User Submissions. AliShops Digital expressly disclaims any and all liability in connection with User Submissions. AliShops Digital reserves the right to remove content in its sole discretion and without prior notice. AliShops Digital also reserves the right to terminate a user’s access to the Software at any time in its sole discretion and without prior notice.
Some of the Software may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that AliShops Digital may place such advertising and promotions on the Software or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that AliShops Digital may not always identify paid services, sponsored content or commercial communications as such.
The use of the Software is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Software at any time. If we begin charging a fee for your continued access to the Software, we will give you at least fifteen (15) days prior notice so you can opt out of the Software.
8. Rules of Conduct
The following rules of conduct apply to your use of the Software.
You may not, in connection with the Software:
- Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Software, or interfere with the access of any user to the Software;
- send to any third party any unsolicited communication or message, including without limitation text messages or email, in connection with or related in any way to the Software or to AliShops Digital;
- upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Software, or interfere with the access of any user to the Software;
- Infringe or violate any patent, copyright, trademark, trade secret or other property right;
- breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- conduct actions that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- conduct any violation of any person’s privacy or publicity rights, misrepresentation of facts, or hate speech;
- violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- promote software or services that deliver unsolicited e-mail or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with AliShops Digital’s express advance authorization, use the Software to:
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information; or
7. Copyright Infringement
AliShops Digital respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with AliShops Digital and the Software, you may not post, modify, distribute, or reproduce in any way any user submitted content that is copyrighted material belonging to others, without obtaining their prior written consent. AliShops Digital reserves the right, in its discretion, to remove any user submitted content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Software in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
AliShops Copyright Complaints
AliShops Digital LLC
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
8. Modifications to the Site
AliShops Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. AliShops Digital shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Software.
10. Warranty Disclaimer
11. Limitation of Liability
IN NO EVENT SHALL ALISHOPS DIGITAL, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ALISHOPS DIGITAL, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALISHOPS DIGITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ALISHOPS DIGITAL SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Software is controlled and offered by Software from its facilities in the United States of America. AliShops Digital makes no representations that the Software is appropriate or available for use in other locations. Those who access or use the Software from other jurisdictions do so at their own volition and are responsible for compliance with local law.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ALISHOPS DIGITAL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.