Terms & Conditions

This agreement is a legal contract between you and Shopopotamus. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use Shopopotamus.

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Shopopotamus, (2) suspend or terminate Your Account and/or (3) remove any of your User Content from Shopopotamus.

We reserve the right to monitor Shopopotamus, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all. Shopopotamus is for your personal, lawful use.

Shopopotamus is designed and supported for personal use only. You may not use Shopopotamus to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.

Shopopotamus is not responsible for any decisions you make based on content on Shopopotamus.

You may not use Shopopotamus to conduct transactions for any illegal goods or services.

To participate on Shopopotamus, you must create an account ("Your Account").

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

You may not license, transfer, sell, or assign Your Account.

Shopopotamus contains text, graphics, photographs, images, website compilation, website "look and feel," (“Shopopotamus content”). Shopopotamus content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

We grant you the right to access Shopopotamus in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Shopopotamus content, except as permitted by the doctrine of fair use or as authorized by the licensing agreement of the individual piece of Shopopotamus content.

You retain the rights to your copyrighted content or information that you submit to Shopopotamus ("user content") except as described below.

By submitting user content to Shopopotamus, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Shopopotamus.

Shopopotamus is not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

You also agree to follow the Shopopotamus’s Content Policy. These guidelines are intended to keep people safe and to encourage personal responsibility for what you do on Shopopotamus.

You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be promotional, junk or spam.

You agree not to interrupt the serving of Shopopotamus, introduce malicious code onto Shopopotamus, make it difficult for anyone else to use Shopopotamus due to your actions, or assist anyone in misusing Shopopotamus in any way.

We support the responsible reporting of security vulnerabilities. To report a Shopopotamus security issue, please send an email to [email protected].

Shopopotamus is not directed at people under the age of 13, and Shopopotamus does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Shopopotamus, please contact us here.

Affiliates

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Shopopotamus may use Viglinks to generate some affiliate links on The Site, for more information on Viglinks affiliate links you can read their disclosure policy at http://www.viglink.com/legal/disclosures/for-users/

DMCA

We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Shopopotamus that we deem to be infringing the copyright of others. If you become aware of user content on Shopopotamus that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Shopopotamus.

Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:

Shopopotamus Copyright Agent, Life Encoded, Inc. 37 Jason Street Arlington, MA 02476

Please send our Copyright Agent the following information:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
• The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If we remove your user content in response to a copyright or trademark notice, we will notify you via email and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
• A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on Shopopotamus before that period passes, we will consider restoring your user content to the site.

It is Shopopotamus's policy to close the accounts of users who post content which violates DMCA. We apply this policy at our discretion and in appropriate circumstances.

Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.

All the things you do and all the information you submit or post to Shopopotamus remain your responsibility, meaning you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold Shopopotamus, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Shopopotamus, your violation of this user agreement, and/or your violation of the rights of any third party or person.

Shopopotamus is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Shopopotamus will always work properly.

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Shopopotamus, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Shopopotamus.

Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Boston, Massachusetts.

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

This user agreement is the entire agreement between you and us concerning Shopopotamus. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Shopopotamus website. By continuing to use Shopopotamus after a change to this agreement, you agree to those changes.