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Terms of Service

Terms of Service

Last updated: July 9th , 2019

Company: Israel Stern Inc.

Website: www.shopyrate.com

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.shopyrate.com website (the "Service") operated by Israel Stern Inc. ("Shopyrate" "us", "we", or "our" "ours).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Basic Terms

  1. You must be 16 years or older to use this site (kids posts will be handled by a supervised adult).
  2. You may not post nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not crawl, scrape, or otherwise cache any content from shopyrate including but not limited to user profiles and photos.
  6. You must not create or submit unwanted email or comments to any shopyrate members ("Spam").
  7. Shopyrate holds the right to disapprove any post that does not suit the platform.

Definitions

  1. Approved Shop – An E-commerce shop, Fashion or beauty related, approved by Shopyrate.
  2. Shopyrate Users– A visitor that has successfully completed the registration process.
  3. Valid Item – An item sold on the approved shop's site. Once the item is no longer sold on the shop's site, all posts including that item will no longer be valid.
  4. Post's Proper Photo – The photo must feature a valid item by one of the approved shops. Photo must be clear and highlight the featured item/s properly.
  5. Proper Post – A proper post must include the following: A. A proper photo/video  B. A valid link. ​​ The post must include all the elements as mentioned above.  Each post must be approved by Shopyrate's team before publishing.  The approval process will take up to 48 hours.   In case of approving a post, the post will be published on Shopyrate and the user will be notified by a message/ notification to his Email informing him of the approval. In the case that the post was not approved, the post will not be published and the user will get an announcement via email with explanations and guidelines on how to correct the post.
  6. Rate - Each Shopyrate User can vote by rating posts. Each post will be ranked by stars (1-5 stars, 5 stars being the highest rank offered). A user can rank each post only once a day.  Any suspicion for manipulations will result in an account cancellation and all votes related will not be considered. 
  7. Daily Blog – When a user rates at least 10 rates (a day) his Daily Blog is automatically created. All the posts the user rated in this day will appear on his daily blog with the rank (by stars) he rated each post.
  8. Daily Blog Visitor/Daily Blog Visit – Any user who visits a specific Daily Blog of a specific user is considered as a Daily Blog Visitor and his visit is condidered as a Daily Blog Visit. If a Daily Blog Visitor visits the same Daily Blog more than one time a day it will be considered as only one Daily Blog Visit
  9. Shopycash – Shopycash is a virtual coin of Shopyrate. The user can use Shopycash for bidding on Shopping Spree Auction. The user earns 50 Shopycash for every Daily Blog Visit.
  10. Shoppycash Account – Every user will have a Shopycash account. In the account the user can follow the incomes outcomes of Shopycash.
  11. Shopycash Value - The Shopycash a user has earned has no value other than for bidding in Shopping Spree Auction. Shopyrate has the right to stop running the Shopping Spree Auction any time she wants without any further notice. The users who earned Sopycash and never succeeded to win an item on Shopping Spree Auction will never be in a position to claim money or anything for the Shopycash they have.
  12. Shopping Spree Auction - Shopyrate will offer each day items for the daily auction. Shopyrate users can get the items offered in the auction only by bidding via Shopycash. Throughout the day Shopyrate users will be place their bids for items they like. In order to place a bid, the users must have the amount offered in their account. At midnight the highest offer will win the item. Once the user places a bid, the amount of Shopycash offered will temporarily be deducted from his account until the auction results are published. In the event that the highest offer was given by more than one user, the first user to place the offer will win the item.
  13. A winning Auction Item - The auction items will be sent to the winner by the E-shop that sells the item and according to its delivery term. Shopyrate will pay for the Winning Auction Item and for its delivery but will not be responsible for the delivery of the item.
  14. A Day - A day will be defined by the west coast time (LA time)

Content

  1. Our Service allows shops to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
  2. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
  3. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Shopyrate and its licensors. The service is protected by copyright, trademark, and other laws of both the Israel and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shopyrate.

When you upload content, you give Shopyrate a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Shopyrate business.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Shopyrate.

Shopyrate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third - party websites or services. You further acknowledge and agree that Shopyrate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Shopyrate and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall Shopyrate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Shopyrate, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Shopyrate ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Shopyrate or any person for whom Shopyrate is responsible, and even if Shopyrate has been advised of the possibility of such loss or damage.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]