Terms of Service
Updated: [March 23, 2022]
ShopMiee Inc. (“ShopMiee,” “we,” “us,”
“our”) owns and operates the ShopMiee shopping networks, network
of websites including https://www.shopmiee.com
and related mobile and software applications (the “Services”).
By enrolling in or otherwise accessing or using any of our Services, you agree
to be bound by these terms and conditions (the "Terms of Service"), and
ShopMiee's privacy policy located
at www.shopmiee.com/privacy (“Privacy Policy”) which
are incorporated herein by reference (together, the “Agreement”).
Your use of the Services is expressly conditioned upon your assent to all of
the terms and conditions of this Agreement to the exclusion of all other
terms. If you do not agree to any of these terms and conditions, then please
do not use our Services.
ShopMiee reserves the right, in its sole discretion, to modify the Terms of
Service at any time by providing you with a notice on the ShopMiee website,
or by sending you a notice via email. You shall be responsible for reviewing
and becoming familiar with any such modifications. Use of the Service by you
following such notice constitutes your acceptance of the terms and conditions
of the Terms of Service as modified. If you do not agree to the new terms, you
should stop using the Services. You can also terminate your relationship with
us at any time by closing your Account.
1. OVERVIEW
ShopMiee receives compensation for referring buyers to the retailers,
brands, merchants, and other partners participating in the Services
(“Retailers”). Compensation received by ShopMiee may play a part in whether
Retailers and products appear on our Services, where they are placed, and
how we promote them to you. The Services provided at the sole discretion of
ShopMiee and subject to your compliance with this Agreement. The Services,
and their Contents are intended solely for your personal, non-commercial use
(except as specifically and expressly agreed in writing by ShopMiee in
connection with a specific feature of the Service only) and may only be used
in accordance with the terms of this Agreement.
2. ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services.
This Agreement is void where prohibited by law, and the right to access and
use the Services is revoked in such jurisdictions. By accessing the
Services, you represent and warrant to ShopMiee that: (i) you are an
individual (i.e., not a corporation) at least 18 years old; (ii) you are of
legal age to form a binding contract; (ii) all registration information you
submit is accurate and truthful and you will maintain the accuracy of such
information; (iv) you are legally permitted to use and access the Services
and take full responsibility for your access, selection and use of the
Services.
3. SERVICES
ACCOUNT
ShopMiee may offer you the ability to create a ShopMiee account
(“Account”) by registering and selecting a password and username to use
certain Services. Creating an Account will enable you to receive
personalized sale alerts and shop exclusive offers based on information
you provide, including favorite Retailers, products, influencers, looks
and searches you save. You may not select or use the Account belonging to
another person. Each individual person is limited to one Account. You
shall provide ShopMiee with accurate, complete, and updated registration
information. Any failure to comply with this provision may result in
immediate termination of your account. ShopMiee reserves the right to
refuse registration of, or cancel a ShopMiee Account in its discretion.
If you are accessing the Services through a third party site or service
(such as Facebook, Google, or Apple) (collectively, “Third-Party
Platforms”), ShopMiee may require that your ShopMiee login credentials
be the same as your login credentials for such Third-Party Platforms. By
providing your Third-Party Platform login credentials to ShopMiee, you
are consenting to have the information in those accounts transmitted into
your ShopMiee account. You shall only use Third-Party Platform accounts
owned by you and not by any other person or entity. Any use of Third-Party
Platforms to create and access your Account is subject to the terms and
conditions and privacy policies of such third parties.
4. ACCOUNT MAINTENANCE
Updating Your Account. You agree to keep your Account
information current, complete and accurate by periodically updating such
information. You must be logged into your Account and enter your password to
change your Account information. You will maintain the confidentiality of
your Account information, including username and password by which you
access the Services. Any use of your username and password will be deemed to
be your use, and ShopMiee is entitled to act on instructions received under
your password. If there is a breach of security through your Account, you
will immediately change your password and notify us of such breach. You
agree that, unless you have first notified us immediately of any such
breach, we should assume that any instruction transmitted using your
username and password is yours and has been authorized by you, and we will
have no obligation to inquire into the propriety of such instruction.
Account Activity. You understand that you are solely
responsible for all information submitted by you through the Services and
that ShopMiee will not be liable for any errors or omissions in any such
information.
5. CONTENT
Copyrights. All materials displayed or performed on
the Services, including, but not limited to text, blogs, graphics, articles,
photographs, images, illustrations video, and influencer images
(collectively, “Content”), are protected by copyright. You shall abide by
all copyright notices, trademark rules, information, and restrictions
contained in any Content accessed through the Services, and shall not use,
copy reproduce, modify translate, publish, broadcast, transmit, distribute,
perform, upload, display, license, sell or otherwise exploit for any
purposes whatsoever any Content or other proprietary rights not owned by
you, (i) without the express prior written consent of ShopMiee or the
respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or
compilations, pursuant to U.S. copyright laws, international conventions,
and other intellectual property laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as expressly
provided in this Agreement), create derivative works based on, distribute,
perform, display, or in any way exploit, any of the Content, software,
materials, or Services in whole or in part.
6. SHOPMIEE INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive
property of ShopMiee. Subject to your compliance with this Agreement,
ShopMiee grants you a limited, non-exclusive, non-transferable,
non-sublicenseable, revocable license to access and make personal and
non-commercial use of the Services, and any software underlying our Services
solely to use the Services, as provided by ShopMiee in accordance with this
Agreement. This license does not include any resale or commercial use of any
Services or any Content. You shall not copy, modify, rent, lease, loan,
sell, assign, distribute, reverse engineer, grant a security interest in, or
otherwise transfer any right to the technology or software underlying our
Services. You agree not to use modified versions of any software underlying
our Service, including without limitation, for the purpose of obtaining
unauthorized access to our sites or applications. You may not use any of our
Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service
marks, trade dress, slogans, product packaging, and designs of ShopMiee,
its affiliates, or third-party products or services, whether or not
appearing with a trademark symbol, belong exclusively to ShopMiee or their
respective owners, and are protected from reproduction, imitation, dilution,
or confusing or misleading uses under national and international trademark
and copyright laws. You are prohibited from bidding on keywords
containing “ShopMiee” or other similar words or marks,
including, but not limited to, misspellings thereof, for the purpose of
driving traffic to your pages. The use or misuse of these trademarks or any
materials containing the trademarks, except as permitted herein, is
expressly prohibited, and nothing stated or implied on the Services confers
on you any license or right under any patent or trademark of ShopMiee, its
affiliates, or any third party.
All rights not expressly granted under this Agreement are reserved by
ShopMiee and/or its licensors.
7. YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services in a
manner that (i) infringes or violates the intellectual property rights or
proprietary rights, or rights of publicity or privacy, or other rights of
any third party or misappropriate the trade secrets of any third party in
connection with your use of the Services; (ii) violates any law, statute,
rule, ordinance or regulation or otherwise constitutes manipulative or
misleading activity; (iii) violates any other agreement you have with, or
any obligations to, any third party; (iv) is harmful, fraudulent, deceptive,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, or otherwise objectionable; (v) misrepresents the source or
identity of any content; (vi) involves commercial activities and/or sales
without ShopMiee’s prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads,
installs, constitutes, or embeds malware, virus, worms, Trojan horses, or
other harmful content or code; or (viii) impersonates, or falsely indicates
an affiliation with, any person or entity, including, without limitation,
any employee or representative of ShopMiee.
8. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
You agree that you will not, and will not permit others to: (i) damage,
interfere with or unreasonably overload the Services; (ii) introduce any
code intended to disrupt the Services; (iii) alter or delete any
information, data, text, links, images, software, chat, communications and
other Content of the Services; (iv) access the Services by expert system,
electronic agent, “bot” or other automated means; (v) use
scripts or disguised redirects to derive financial benefit from ShopMiee;
(vi) use the manual or automated software, devices, or other processes to
“scrape”, “crawl” or “spider” or index
any page or Content of the Services; (vii) modify, reverse engineer, reverse
assemble, decompile, copy or otherwise derive the source code of the
Services; (viii) rent, sell or sublicense any of the Services; (ix) provide
any unauthorized third party with access to the Services; (ix) access or
attempt to access confidential information through the Services; (x)
interfere with the operation of the Services, including, but not limited to,
distribution of unsolicited advertising or mail messages and propagation of
computer worms and viruses; (xi) post or transmit, or cause to be posted or
transmitted, any communication or solicitation designed or intended to
obtain password, account, or private information from any ShopMiee user;
(xii) use the Services to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store illegal
material including that are deemed threatening or obscene; and (xiii)
remove, obscure, or alter any notices or links (e.g., links to
ShopMiee’s Privacy Policy and Terms of Service) on the Services or
any of the features or tools or other Services.
9. INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by ShopMiee from its facilities in the United
States of America. ShopMiee makes no representations that the Services are
appropriate or available for use in other locations. Users who access or use
the Services from other jurisdictions do so at their own volition and are
responsible for compliance with local laws. Software available in connection
with the Services and the transmission of applicable data, if any, is
subject to United States export control laws. No software may be downloaded
from the Services or otherwise exported or re-exported in violation of the
export control laws of the United States.
10. DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS
AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE
QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY,
INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT
DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION,
STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR
DISTRIBUTED IN CONNECTION WITH THE SERVICE. SHOPMIEE DOES NOT WARRANT THAT
THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. FURTHER, SHOPMIEE DOES NOT WARRANT, GUARANTEE OR MAKE
ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF
ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS
RETAILERS IN CONNECTION WITH THE SERVICES.
Without limiting the generality of the foregoing, ShopMiee makes no
representations or warranties regarding the accuracy of descriptions
displayed anywhere on the Services, or regarding suggestions or
recommendations of services or products offered or purchased through the
Services (including, without limitation, the actual size, quality, color,
texture, or results of use of such products or services). ShopMiee displays
suggested retail prices for goods offered on the Services based on pricing
information provided by vendors, Retailers, and manufacturers, and we make
no promises about the reliability or accuracy of any such information listed
on the ShopMiee website.
11. PRIVACY
For information regarding ShopMiee’s treatment of personal
information, please review our current
Privacy Policy.
12. ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the Services by electronic
communications or direct mail using the information you provide to us when
you sign for an Account, contact us through our support services, or provide
us your email to receive marketing communications. We may send you periodic
communications that are service related, such as information impacting your
Account, as well as periodic shopping-related emails that highlight offers
or promotions from ShopMiee or ShopMiee Retailers. Your consent to receive
electronic communications includes any notices or other information that we
may be required by law to provide you in writing or otherwise. You agree to
keep us apprised of your current email address should the same change
subsequent to the date you provide it to us. We may also send you push
notifications if you install our mobile application. You may opt out of
receiving certain communications in accordance with our
Privacy Policy.
13. INDEMNITY
You agree to indemnify, defend, and hold ShopMiee and its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand (including, without limitation, from all damages, liabilities,
settlements, costs and attorneys’ fees) made by any third party due to
or arising out of your access to or use of the Services, the violation of
this Agreement by you, or the infringement by you, or any third party using
your account, of any intellectual property or other right of any person or
entity. You agree to cooperate fully as reasonably required in defense
and/or settlement of any claim. We reserve the right, in our sole
discretion, to assume exclusive control over the defense and/or settlement
of any matter subject to indemnification by you.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPMIEE
OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE
AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU OR $50; (II) FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND
SHOPMIEE’S REASONABLE CONTROL.
15. RETAILER POLICIES
A product purchased from any Retailer through the Services, is governed by
and subject to the applicable Retailer policies, including applicable
exchange and shipping policies. You agree that we are not agents of any
Retailer and that Retailers operate independently and are not under our
control. Accordingly, your participation in offers or promotions of, or
correspondence with, any Retailer is solely between you and that Retailer.
We do not assume any liability, obligation or responsibility for any part of
such correspondence, offer or promotion, including, without limitation, the
withdrawal or modification of any such offer or promotion.
ShopMiee is not responsible for changes to, or discontinuance of, any
Retailer or for any Retailer’s withdrawal from the Services.
16. TERMINATION OR SUSPENSION
This Agreement is effective when accepted by you and will remain in effect
until you or we terminate your membership in the Services. We may terminate
this Agreement and your use of or access to the Services at any time, for
any reason or no reason. Any violation of this Agreement or the rules and
conditions of the Services may result in the termination of your Account. We
may, in our sole discretion, at any time and without prior notice,
discontinue, cancel, suspend, change or limit access to all or any part of
the Services or any functionality, feature or other component thereof. You
agree that ShopMiee will not be liable to you or to any third party for any
modification, suspension, or termination of the Services or your access to
your Account. If you are dissatisfied with any aspect of the Services at any
time, your sole and exclusive remedy is to cease participating in the
Services. Upon any termination of the Services, your right to use and access
your Account and the Services, will terminate. Termination will not
prejudice either you or our remedies at law or in equity.
Upon any termination, all provisions of this Agreement which by their nature
are intended to survive performance hereof by you or ShopMiee, including,
without limitation, ownership provisions, warranty disclaimers, and
limitations of liability, shall survive the completion of the performance,
cancellation or termination of this Agreement.
17. NO WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
ShopMiee shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond ShopMiee’s
reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including “line-noise”
interference). If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable. Headings for each section have
been included for your convenience, but such headings do not have any legal
meaning, and may not accurately reflect the content of the provisions they
precede.
18. GOVERNING LAW
The validity, construction, and interpretation of this Agreement, and the
rights and duties of the parties hereto, will be governed by and construed
in accordance with English laws and you may bring legal proceedings in
English courts.
19. INFORMAL DISPUTE RESOLUTION
We would like an opportunity to address your concerns without a formal legal
case. Before filing a claim against ShopMiee, you agree to try to resolve
the dispute formally by submitting your request through our
Contact Us
page. We will try and resolve the dispute informally by contacting you in
writing via email. If a dispute is not resolved within 30 days of submission
through this form, you or ShopMiee may bring a formal proceeding.
20. NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you
except with ShopMiee’s prior written consent. ShopMiee may transfer,
assign or delegate this Agreement and its rights and obligations without
consent.
21. ENTIRE AGREEMENT
You and ShopMiee agree that this Agreement (including any terms or policies
expressly incorporated herein) is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement, and that
all modifications must be in a writing signed by both parties, except as
otherwise provided herein.
If you believe that material or content residing on or accessible through
the Services infringes a copyright, please send a notice to
[email protected]
QUESTIONS
If you have any questions or notices of violation of this Agreement, please
contact us at [email protected]
