Terms and Conditions
http://shopinguru.com or its affiliate (Shopinguru) provide a collection of online Services which include classified advertisements. For the purpose of the Terms and wherever the context is used, the terms 'You' or 'you' shall mean any person or individual who uses the Websites or any of its Services in any manner whatsoever including persons browsing the Websites and the contents on the website, posting comments or any content or responding to any advertisements or content on the Websites. By using the Service, you agree to comply with the following Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for any of such Service, which may change from time to time. It is your sole responsibility for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Shopinguru in any way, your only choice is to immediately discontinue use of Shopinguru. These Terms may be updated by Shopinguru at any time at its sole discretion. Shopinguru may send you notice of changes to these Terms. Shopinguru may provide a translation of the English version of the Terms into other languages. You should understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with Shopinguru. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation in any language, the English version of the Terms shall govern. Content Policy Shopinguru is the modern way of seeing online classifieds. We act as a venue to allow our visitors who comply with the Terms to offer, sell, and buy products and services listed on the Website. Although you can conduct payment and other transactions through the Website, using third-party vendors such as PayPal or local payment methods etc., Shopinguru is not by any means is involved in such transactions which take place between the buyer and the seller. As a result, and as mentioned in detail in these Terms, you hereby acknowledge and agree with, that the Shopinguru is not a party to these transactions and has no control whatsoever over any of such transactions, and shall have no liability to any person in connection with any of such transactions. You should use our Service and the Website at your own risk. You understand that Shopinguru does not control the publication of ads, and is not responsible for contents of ads, messages between users, directory information, business listings/information, including without limitation e-mails sent from outside Shopinguru’s domain or other means of communication, whether through the Website or another Third Party website, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that are not authentic, offensive, indecent, inaccurate, misleading, or otherwise objectionable or inappropriate. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with such information, the use of any Content or material, that you may not rely on said Content, and that under no circumstances will Shopinguru be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, posted, e-mailed or otherwise made available via our Service. You acknowledge and agree that in accordance with law, Shopinguru cannot and does not pre-screen or approve any Content, but that Shopinguru has the right, in its sole and absolute discretion, to refuse, delete or remove any Content that do not qualify our terms or may be available through the Service, for violating these Terms and such violation being brought to Shopinguru’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Shopinguru. If you link to any of such Third Party Websites, you may be subject to those Third Party Website’s terms and conditions and other policies. Shopinguru makes no representation or guarantee as to the accuracy or authenticity of the information or material contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Shopinguru disclaims all liability thereto. You acknowledge and agree that you are solely responsible for the Content you posted, transmitted through, or linked from the Service and the consequences of such posting, transmitting, linking or publishing. More specifically, you are solely responsible for all Content that is uploaded by you, email or otherwise make available via the use of our Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, acknowledge, and warrant that: (I) you own or have the necessary rights, licenses, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, copyright, trademark, trade secret or other proprietary rights in and to any and all such Content) and authorize Shopinguru to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Shopinguru, you hereby grant to Shopinguru an irrevocable, non-cancellable, worldwide, perpetual, non-exclusive, sub-licensable, royalty-free, transferable license to use, distribute, reproduce, prepare derivative works of, display, and perform the Content in connection with the Website and Shopinguru's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Shopinguru in order to host and display your Content on the website.Shopinguru does not endorse any Content or any statement, opinion, recommendation, or advice expressed therein, and Shopinguru expressly disclaims any and all liability in connection with the Content the user posted. Shopinguru does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Shopinguru may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. Shopinguru may also terminate a user's access to the Website, if they are determined to be a repeat infringer. Shopinguru reserves the right to remove any Content without prior notice. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Shopinguru reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene, pornography, libelous, or defamatory material, or excessive length. Shopinguru may remove such Content and/or terminate a user's access for uploading or posting such material in violation of these Terms at any time, without prior notice and at its sole discretion. Furthermore, by posting your Content to any public area of the Service, you agree to and do hereby grant to Shopinguru all rights necessary to prohibit or allow any subsequent aggregation, display, copying, reproduction, duplication, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access you’re Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.Shopinguru may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Shopinguru may, at its discretion, create a video of your photographs, upload the video via third party service provider, as determined by Shopinguru at its discretion, and embed the video into your ad on Shopinguru.
No spam policy
You understand and agree that sending unrelated or unsolicited email advertisements or other unsolicited communications to Shopinguru via email addresses or through Shopinguru computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Shopinguru may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the Shopinguru e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Shopinguru computer systems is a strict violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to all possible penalties.
User’s usage Policy
By using our service you agree not to post, email, modify, host, upload, display, publish, update, transmit or share any information on the Site, or otherwise make available Content that violates any law. That information is copyright protected or patented, protected by trade secret or by trademark, or otherwise subject to third party proprietary rights, including the privacy and publicity rights, unless you are the owner of these rights or have permission or a license from their rightful owner to post the material or contents and to grant Shopinguru all of the license rights granted herein. That possibly infringes any of the foregoing intellectual property rights of any party, or content that you do not have a right to make available under any law or under any contractual or fiduciary relationships. That violates Fair Housing Act, as amended, including its implementing regulations and any Presidential Executive Order related thereto, by stating, in any notice or advertisements for the rental or sale of any dwelling not excluded by such Act, a discriminatory preference based race, sex, familial status or handicap, color, religion, national origin, (or violates any applicable state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics).That is illegal, harmful, abusive, blasphemous, threatening, defamatory, harassing, obscene, pedophilic, pornographic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable or inappropriate, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever. That degrades, harasses, intimidates or is hateful toward an individual or group of individuals or a community on the basis of religion, gender, sexual orientation, ethnicity, race, age, or disability. That violates any state, federal, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on religion, race, sex, color, national origin, age, or disability of the applicant. That threatens or challenge the integrity, unity, defense, security or sovereignty of Pakistan, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or act or prevents investigation of any offence or act or is insulting to any other nation or state; That includes personal or identifying information about another person without that person's explicit consent. That impersonates any person or entity, including, but not limited to, a Shopinguru employee, or falsely states or otherwise misrepresents an affiliation with a person or entity. Deceives or misleads the addressee about the origin of such messages or communicates any information or message or act which is grossly offensive or menacing in nature. With respect to employers that employ four or more employees, that violates any applicable provision of the Immigration and Nationality Act, including without limitation requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, executive order, regulation, or state, federal, or local government contract. That is deceptive, false, deceitful, misleading, wrongly informative, or constitutes "bait and switch" offer. That constitutes or contains "pyramid schemes," "affiliate marketing," "spam," "link referral code," "junk mail," "chain letters," or unsolicited advertisements of commercial in nature; That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated or specified for such purposes; or (2) e-mailed to Shopinguru users who have requested not to be contacted about other services, products or commercial interests; That includes links to commercial services or Third Party Websites, except as specifically allowed by Shopinguru.That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by international and local law. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource found worldwide. That disrupts the normal flow of dialogue or communication with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service or That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You agree not to
Posting Via Third Person
As used herein, the term "Posting Agent" refers to a third-party agent or service provider, or intermediary that offers to post the Content to the Service on behalf of someone else. Shopinguru prohibits and not allow the use of Posting Agents, directly or indirectly, without the express written permission of Shopinguru prior to posting.
Shopinguru grants you a revocable, limited, non-exclusive license to access and use the Services for personal use only. This license permitted herein does not include any of the following: (a) access to or use of the Service by Posting Agents or any third party; or (b) any collection, aggregation, duplication, copying, display or derivative use of the Service nor any use of data mining, spiders, robots, or similar data gathering and extraction tools for any kind of purposes unless expressly permitted by Shopinguru or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as for services, sale, housing, jobs, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless Shopinguru expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray Shopinguru, its employees, affiliates or agents in a false, misleading, confusing, derogatory, or otherwise offensive matter. Shopinguru may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. Shopinguru permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it to the parent Site, (c) you provide, in a conspicuous manner, proper attribution to 'Shopinguru' as the source of the RSS feed, (d) your use or display of the RSS feeds does not suggest that Shopinguru promotes or endorses any third party causes, ideas, opinions, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of Shopinguru's systems. Shopinguru reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without prior notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, duplicate, copy, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Shopinguru.
Notification of claims of infringements
Shopinguru is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. 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 Shopinguru to locate the material. Information reasonably sufficient to permit Shopinguru to contact you, such as an address, telephone number, and, if available, an electronic mail address. A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to international conventions, copyrights laws, and other laws. Any modification, reproduction, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly restricted. Copying or reproducing the Website, the Materials in it, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited and restricted. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all of the copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, resell, sell, or exploit for any commercial purposes, any aspect of the Service. Shopinguru is a service mark registered with the U.S. Patent and Trademark Office and in various other jurisdictions.
You must understand that when using the Website or any of its service, you will be exposed to Content from a variety of sources, and that Shopinguru is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such Content, and you agree and assume all liability for such use. You must further understand and acknowledge that you may be exposed to Content that may inaccurate, indecent, offensive, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shopinguru with respect thereto.
By using Shopinguru,you are agreed to defend, indemnify and hold harmless Shopinguru, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
Dealings with organizations and individuals
You acknowledge and agree that Shopinguru shall not be liable for your interactions with any organizations, Manufacturer, distributer, consumer, buyer, reseller, intermediary and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Shopinguru shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Shopinguru is under no obligation to become involved in such dispute.Shopinguru only provides a platform for assisting users in selling their genuine products and services only. In the event that you have a dispute with one or more other users, you hereby release Shopinguru, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
You acknowledge and agree that Shopinguru may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Shopinguru has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Shopinguru reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Shopinguru shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Shopinguru, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Shopinguru believes that you have violated these Terms. Further, if you are found involved in any of such activity which discourages the visitor in a way that’s not appropriate or violates the terms Shopinguru can suspend, block or delete your account without any prior intimation to the user. You agree that Shopinguru shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AND SERVICE IT OFFERS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY KIND OF WARRANTIES. ALL THE EXPRESSED AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, SUCH AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST AND FINAL EXTENT PERMITTED BY LAW SHOPINGURUAND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF WEBSITE AND SHOPINGURU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO OUR WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INJURY OF PERSONAL NATURE OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR THE FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY TYPE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. SHOPINGURU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOPINGURU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER PERSON AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT OR KNOWLEDGE AND EXERCISE EXTREEM CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT SHALL SHOPINGURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHOPINGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE Shopinguru SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SHOPINGURU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY SHOPINGURU FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SHOPINGURU MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shopinguru without restriction. Any assignment or transfer by you shall be null and void.
This Website is intended only for adults. 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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Shopinguru and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Shopinguru shall be governed by the local laws where Shopinguru is intended to be used and by the international laws as well, without regard to its conflict of law principles. You and Shopinguru agree to submit to the personal and exclusive jurisdiction of the courts located within Pakistan and international Cyber Laws. The failure of Shopinguru to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT SHOPINGURU MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER PAKISTAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
Violation of Terms and Liquidated Damages
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Shopinguru homepage at http://www.shopinguru.com/sb4b/contact.html. Any failure to act by Shopinguru with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Shopinguru the following as liquidated damages (and not a penalty).If Shopinguru establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Shopinguru ninety nine dollars ($25) for (i) each message posted in excess of such limits or (ii) for each day on which you access Shopinguru in excess of such limits, whichever is higher. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that Shopinguru in its sole discretion may disclose identifying information about you to the victim, and that should Shopinguru bring a claim against you in court, that you will pay Shopinguru one thousand one hundred dollars ($1,100) for each such message. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under Section 20(e) below you agree to pay Shopinguru ninety nine dollars ($99) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Shopinguru an additional ninety nine dollars ($99) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.If you use Shopinguru e-mail addresses or computer systems to send unsolicited e-mail advertisements to Shopinguru e-mail addresses or any other party, you agree to pay Shopinguru thirty dollars ($30) for each such e-mail. If you post messages in violation of these Terms, other than as described above, you agree to pay Shopinguru ninety nine dollars ($99) for each such message. Notwithstanding the foregoing, Shopinguru may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section 20(e).If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Shopinguru's express written permission, you agree to pay Shopinguru ten thousand dollars ($10,000) for each day on which you engage in such conduct. If none of the foregoing clauses (a) – (f) are applicable, you agree to pay Shopinguru’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Shopinguru retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.