AliShops Digital LLC

1. Your Acceptance

AliShops Digital LLC provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between AliShops Digital LLC (hereinafter “AliShops Digital”) and you, governing your use of the AliShops Digital mobile software application (the “Application”) and AliShops Digital website (the “Site”). The Site and the Application are collectively referred to as the “Software”. By using the Software, you signify your assent to both these Terms of Use and the AliShops Digital Privacy Policy. You are only authorized to use the Software if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Software.

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
AliShops Digital hereby grants you permission to use the Software as set forth in these Terms of Use, provided that: (i) your use of the Software as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Software in any medium without AliShops Digital’s prior written authorization; (iii) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Software to anyone else; (iv) you will not reverse-engineer, decompile or create derivative works of the Software; (v) you will not use multiple accounts per individual user per device; (vi) you will not alter or modify any part of the Software other than as may be reasonably necessary to use the Software for its intended purpose; and (vii) you may not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Use.

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 to provide true, accurate, current and complete information about yourself in all required fields of the Software registration form. If any of your information changes, you agree to update your Software registration information as soon as possible. If AliShops Digital suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Software. By creating an account you consent to the use of: (i) electronic means to complete the Terms of Use and to provide you with any notices given pursuant to the Terms of Use; and (ii) electronic records to store information related to the Terms of Use or your use of the Software.

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
These Terms of Use apply to all users of the Software, including users who contribute information, ideas, and other materials or services to the Software. The Software may contain links to third party websites that are not owned or controlled by AliShops Digital. AliShops Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Software, you specifically release AliShops Digital from any and all liability arising from your use of any third-party website. By searching, purchasing goods from or using third-party websites, you will be subject to the terms of use and privacy policies to such third party websites. AliShops Digital is not responsible for informing you of any terms or conditions of third-party website’s terms of use or privacy policies. AliShops Digital recommends that you read all terms of use and privacy policies of any third-party websites before searching, purchasing from, or using such third party websites.

4. Messaging

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.

For calls or text messages to the cellular phone number you provide, by agreeing to these Terms of Use, you authorize AliShops Digital to send texts or calls to your phone using an autodialer or a prerecorded voice. We have no intention of ever spamming you with unwanted messages and, as noted above, you are not required to provide this consent as a condition to using the Software and may opt out of such messages.

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
Certain postings by users on AliShops Digital make it impossible for AliShops Digital to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by AliShops Digital users, and any text, data, graphics, sound, message, files or other material provided to us or users by other users (collectively “User Submissions”) are not endorsed by AliShops Digital, and we make no guarantee regarding the reliability, accuracy, or quality of any user submitted content that is posted on the Software. You acknowledge that you will evaluate and bear any risks related to your use of any user submitted content, including any reliance on the accuracy, completeness, or usefulness of such user submitted content. All user submitted content posted to the Software is the sole responsibility of the person who originally posted the User Submissions, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. If your User Submission violates these Terms of Use, you may bear legal responsibility for the same. You agree that AliShops Digital is not responsible for, and does not endorse, User Submissions posted within the Software. AliShops Digital does not have any obligation to prescreen, monitor, edit, or remove any User Submission.

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.

AliShops Digital does not claim ownership of any User Submissions a user posts on or through the Application. Instead, you hereby grant to AliShops Digital a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the your User Submissions that you post on or through the Software, subject to the AliShops Digital Privacy Policy, available here _______________.  You can choose who can view your submissions and activities as described in the Privacy Policy.

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.

You represent and warrant that: (i) you own the content posted by you on or through the Software or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your content on or through the Software does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Software; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

7. Payment

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
  • allow usage by others in such a way as to violate AliShops Digital’s Terms of Use.

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
Email: info@alishops.com

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.

9. Termination
AliShops Digital, under certain circumstances and without prior notice, may immediately terminate your AliShops Digital account and access to the Software and any other AliShops Digital services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Application (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Software or any other AliShops Digital product. Termination of your AliShops Digital account includes: (a) removal of access to all pages within the Software; (b) deletion of your password and all related information, files and materials; and (c) barring of further use of the Software. Further, you agree that all terminations for cause shall be made in AliShops Digital’s sole discretion and that AliShops Digital shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Software.

10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALISHOPS DIGITAL, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ALISHOPS DIGITAL, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. ALISHOPS DIGITAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 THE 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 THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE. ALISHOPS DIGITAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND ALISHOPS DIGITAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALISHOPS DIGITAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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.

12.  Arbitration

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.

You and AliShops Digital agree to arbitrate any dispute arising from these Terms of Use or your use of the Software, except that you and AliShops Digital are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and AliShops Digital agrees (a) that any arbitration will occur in Hennepin County, Minnesota; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Hennepin County, Minnesota have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ALISHOPS DIGITAL WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

13. Indemnity
You agree to defend, indemnify and hold harmless AliShops Digital, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of AliShops Digital, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that an action or purchase you conducted caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Software.

14. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by AliShops Digital without restriction.

16. General
These Terms of Use supersede all prior understanding regarding the same and represent the complete agreement between you and AliShops Digital. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AliShops Digital’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. AliShops Digital reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice.  It is your responsibility to review these Terms of Use for any changes. Your use of the Software following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Software must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable user actions or behavior, to info@alishops.com. Please state the reasons for your concern and provide a link to any action or behavior in question. Upon receiving such a report of a possible violation, AliShops Digital in its sole discretion may investigate the matter and take such action as AliShops Digital determines to be appropriate.