Effective September 1st, 2016
These terms and conditions (the “Terms”) govern your access to and use of (i) Beloot POS LLC’s software and systems known as Opinion Shoppers (the “Software”), including those for online transmission and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content”); (ii) Beloot POS LLC’ websites and mobile applications that link to or reference these Terms (“Services”). By accessing or using the Services, you are agreeing to these Terms and entering into a legally binding contract with Beloot POS LLC., a Florida corporation (“Beloot POS LLC”). Do not access or use the Services if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses, browses, crawls, scrapes, posts to or in any way uses the Services. “We,” “us,” and “our” refer to Beloot POS LLC.
- “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as information about yourself, reviews, messages, comments, photos and any other information that you transmit, display or displayed. “Beloot POS LLC Content” means Content that we create and make available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content and Beloot POS LLC Content.
Changes to the Terms of Service
- We may modify the Terms from time to time. The most current version of these Terms will be posted on our website’s dedicated URL provided. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Using the Services
- For Mobile users (Web Mobile, iOS App, Android App): The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You may not access or use the Services if you are a competitor of ours or if we have previously prohibited your use of the Services or closed your account. Age restriction does not apply to users interacting with Opinion Shoppers Thru a Payment terminal such as Clover or Ingenico.
- Permission to Use the Services
- We grant you a limited, nonexclusive, nontransferable, revocable license to use the Services subject to the restrictions in these Terms. hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.Your use of the Services is at your own risk.
- Services Availability
- The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Communications from Beloot POS LLC and other Users
- By using the Services, you agree to receive communications in connection with the Services, from Beloot POS LLC, its customers or third parties, which may include Services related communication, as well as offers and advertisements.
- User Accounts
- If you choose to create a user account, you are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account or prohibit your use of the Services at any time for any or no reason.
- Your account is for your personal, non-commercial use only. In creating it, you may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
- Clover and Ingenico merchant users will have to create an account. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account or prohibit your use of the Services at any time for any or no reason. You may not impersonate any other businesses, nor create or use an account for anyone other than your business, provide an email address other than one affiliated to your business, or create multiple accounts, unless you do have several locations.
- Responsibility for Your Content
- You are solely responsible for Your Content, and once published, it may not be retracted. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms. You may not imply that Your Content is in any way sponsored or endorsed by anyone but you.
- You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- Our Right to Use Your Content
- As between you and Beloot POS LLC, you own Your Data. We own the Beloot POS LLC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Services excluding Your Content. We also own the Opinion Shoppers copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Beloot POS LLC Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Beloot POS LLC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Beloot POS LLC Content are retained by us.
- Beloot POS LLC and its customers may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- We are under no obligation to enforce the Terms on your behalf against any other party. While we encourage you to let us know if the Terms have been violated, we reserve the right to investigate and take appropriate action at our sole discretion.
- You agree not to, and will not assist, encourage, or enable others to use the Services to
- Violate our Content Guidelines;
- Violate any third party;s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with Beloot POS LLC customer accounts;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services’ search results or any third party website;
- Submit or transmit pornography; or
- Violate any applicable law, rule or regulation, whether in the United States of America or in any other country or jurisdiction.
- You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by Beloot POS LLC
- Use any robot, spider, Services search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any Services Content;
- Reverse engineer any portion of the Services;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- Access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Services;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Beloot POS LLC’ technology infrastructure or otherwise make excessive traffic demands of the Services;
- Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
- Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;
- Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content, or features that enforce limitations on the use of the Services.
- The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Guidelines and Policies
- Content Guidelines
- You represent that you have read and understood our Content Guidelines.
- Suggestions and Improvements
- By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Beloot POS LLC and its users any claims and assertions of any moral rights contained in such Feedback.
- Third Parties
- The Services may include links to other websites or applications (each, a “Third Party Services”). We do not control or endorse any Third Party Services. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
- You agree to indemnify, defend, and hold Beloot POS LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Beloot POS LLC Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Beloot POS LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Beloot POS LLC. Beloot POS LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE Beloot POS LLC TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NO LANGUAGE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH AN ATTORNEY PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT Beloot POS LLC MAY NOT MONITOR, CONTROL, OR VET YOUR CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. Beloot POS LLC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, Beloot POS LLC IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY OR AVAILABILITY OF THE SERVICES OR SECURITY VULNERABILITIES.
- Beloot POS LLC MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING ITS CUSTOMERS. ACCORDINGLY, Beloot POS LLC IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES FEATURED ON THE SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
- Beloot POS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF Beloot POS LLC SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- THE MAXIMUM AGGREGATE LIABILITY OF THE Beloot POS LLC ENTITIES TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO $20.
- THE Beloot POS LLC ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 5, 10 through 12 will continue in full force and effect. Beloot POS LLC will retain the right to use Your Content even after termination and closure of your account.
- THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Beloot POS LLC with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Beloot POS LLC’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Beloot POS LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.