ShopInbox Terms And
Conditions Of Use
Version 1.0
- Effective as of 14 June 2015
1. This Is A Legally Binding Agreement Between You And ShopInbox
By Accessing The Internet Site Located At Www.Shopinbox.Io (The “Site”) And Using Any Services Featured On The Site, Or By Downloading And Registering As A User On The ShopInbox Mobile Application (The “App”), You Agree To The Following ShopInbox Terms And Conditions Of Use (Hereafter “Agreement” Or “Terms Of Use”). This Agreement Sets Forth The Legally Binding Terms And Conditions Which Are Applicable To Your Use Of ShopInbox’s Services (Hereafter The “Service”, Or “Services”). These Terms Of Use May Be Amended From Time To Time By ShopInbox (“Company”) In Its Sole Discretion. Company Will Post A Notice On The Site Any Time These Terms Of Use Have Been Changed Or Otherwise Updated. It Is Your Responsibility To Review These Terms Of Use Before Using The Service, And To Read Them Again Whenever You Receive Notice That These Terms Of Use Have Been Updated. If At Any Time You Find These Terms Of Use Unacceptable, You Must Immediately Leave The Site And/Or Delete The App, Cease All Use Of The Services And Cancel Your User Account. ShopInbox Reserves The Right To Terminate The Account Of Any User At Any Time. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU REPRESENT THAT YOU ARE AT LEAST 14 YEARS OLD AND THAT YOUR PARENT OR LEGAL GUARDIAN CONSENTS TO YOUR USE OF THE SERVICE.
2. The ShopInbox Service
2.1 Description Of Services
ShopInbox Provides A Purchase Management Platform That Automatically Tracks Your Online Purchases And Also Stores Your Receipts For Those Purchases By Scanning Your Emails For Relevant Shopping And Purchase Information. In Order For ShopInbox To Provide These Services To You, ShopInbox Requires Access To Your Email Account That You Use When You Make Online Purchases. By Registering Yourself For A User Account With ShopInbox, You Hereby Agree To Give ShopInbox Permission To Access Your Email Account, And Permission To Scan, Collect, Aggregate, Organize And Analyze Your Email Receipts For The Purpose Of Providing You With The Above-Described Services. Further, By Registering With ShopInbox, You Hereby Give ShopInbox And Its Associates Permission To Access, Share And Otherwise Make Available Information And Content From Any Third Parties And Third Party Websites Pertaining To Your Online Purchases (For Example, Tracking Information From The Shipping Company That Ships Your Product; Receipts From Retailers Etc) For The Purpose Of Providing The Above-Described Services To You.
2.2 Limited License To Use Services
If And When You Access And/Or Use The Above-Described Services On The Site Or App, The Technology Enabling You To Do So Is Deemed Under This Agreement To Be Licensed To You By The Company For Your Personal, Non-Commercial Use Only. Company Does Not Transfer Either The Title Or Any Of The Intellectual Property Rights To The Underlying Software Of The Services, And Company Retains Full And Complete Title To Any And All Intellectual Property Rights Currently Belonging To Company.
2.3 Requirements To Use The Service
(A) You Hereby Agree And Warrant That The Name And Associated Email Address Provided In Your Account Registration Is Accurate, True, Complete And Current, And That You Will Keep Your Account Information Accurate And Up-To-Date. You Will Not Use The Service Impersonating Another Person, Or Access A ShopInbox Account Not Registered To You Without Authorization From Its Registered User.
(B) You Are Solely Responsible For Maintaining The Confidentiality Of Your Account User Name And Password. You Agree Not Hold Company Responsible For Any Loss Or Damage Arising From For Your Failure To Protect Your User Name And Password.
(C) In Addition To The Prohibited Uses Outlined In Section
(D) You Will Not Use The Site Or Services If You Are Located In A Country Where Such Use Is Prohibited By The Applicable Law.
2.4 Accuracy Of Receipts; Product Guarantees
All Information, Data, Etc. Relating To Your Online Purchases That Are Collected In Your Account By ShopInbox From Email Receipts Are The Sole Responsibility Of The Person Or Entity From Whom The Receipts Originated. ShopInbox Does Not Guarantee The Accuracy Or Completeness Of Any Receipt Or Other Data Sent To Your Email By A Third Party, And ShopInbox Expressly Disclaims Any Liability For Any Loss Or Damage Of Any Kind Incurred As A Result Of Your Use Of The Service.
2.5 Limited License To Access Your Email
By Registering As A User For ShopInbox’ Services You Grant ShopInbox A Perpetual, Gratis, Transferable License To Access And Analyze Your Email For The Purpose Of Providing The Services. Further, You Hereby Grant ShopInbox, For The Duration Of Your Use Of The Service, A Perpetual, Gratis, Transferable License To Publish, Publicly Display, Host, Distribute And Duplicate Any Content Derived From You Email That ShopInbox Deems Relevant And Necessary For The Purpose Of Providing You The Service. You May Revoke This License At Any Time By Deleting Your ShopInbox Account.
3. Privacy Policy
ShopInbox Respects Your Privacy And Permits You To Control The Treatment Of Your Personal Information. A Complete Statement Of Company’s Current Privacy Policy Can Be Found By Clicking Here. Company’s Privacy Policy Is Expressly Incorporated Into This Agreement By This Reference.
4. User Responsibilities
4.1. Sensitive, Private Or Delicate Purchase Information
If You Are Not Comfortable With ShopInbox Accessing Emails Concerning Your Online Purchases Of Goods Or Services That You Consider Sensitive, Private Or Of A Delicate Nature, ShopInbox Advises You To (A) Discontinue Your Use Of The Service, Or (B) Making Receipts For Such Online Purchases Not Subject To
The Service By Using An Email Account Not Associated With Your ShopInbox Account.
4.2. Prohibited Uses Of The Service
Company Imposes Certain Restrictions On Your Permissible Use Of The Site, App And The Service. You Are Prohibited From Violating Or Attempting To Violate Any Security Features Of The Site, App Or Service, Including, Without Limitation, (A) Accessing Content Or Data Not Intended For You, Or Logging Onto A Server Or Account That You Are Not Authorized To Access; (B) Attempting To Probe, Scan, Or Test The Vulnerability Of The Service, The Site, The App Or Any Associated System Or Network, Or To Breach Security Or Authentication Measures Without Proper Authorization; (C) Interfering Or Attempting To Interfere With Service To Any User, Host, Or Network, Including, Without Limitation, By Means Of Submitting A Virus To The Site Or Service, Overloading, “Flooding,” “Spamming,” “Mail Bombing,” Or “Crashing”; (D) Using The Site, App Or Service To Upload, Host Or Transmit The Following Items, Including, Without Limitation, Unsolicited E-Mail, SMS Messages, Worms, Trojan Horses Or Code Of A Destructive Nature, Promotions Or Advertisements For Products Or Services; (E) Forging Any TCP/IP Packet Header Or Any Part Of The Header Information In Any E-Mail Or In Any Posting Using The Service; Or (F) Attempting To Modify, Reverse-Engineer, Decompile, Disassemble, Or Otherwise Reduce Or Attempt To Reduce To A Human-Perceivable Form Any Of The Source Code Used By Company In Providing The Site, App Or Service. Any Violation Of System Or Network Security May Subject You To Civil And/Or Criminal Liability.
4.3 Alleged Violations
Company Reserves The Right To Revoke Your License And Terminate Your Use Of The Service. To Ensure That Company Provides A High Quality Experience For You And For Other Users Of The App, Site And The Service, You Agree That Company Or Its Representatives May Access Your Account And Activity On A Case-By-Case Basis To Investigate Complaints Or Allegations Of Abuse, Infringement Of Third Party Rights, Or Other Unauthorized Uses Of The Service. Company Does Not Intend To Disclose The Existence Or Occurrence Of Such An Investigation Unless Required By Law, But Company Reserves The Right To Terminate Your Account Or Your Access To The Service Immediately, With Or Without Notice To You, And Without Liability To You, If Company Believes That You Have Violated Any Of The Terms Of Use, Furnished Company With False Or Misleading Information, Or Interfered With Use Of The Service By Others.
4.4 ShopInbox Is Not A Permanent Cloud Storage Service
The Service Is An Online Purchase And Shopping Management Platform; It Is Not A Permanent Cloud Storage Solution For Your Online Shopping Receipts And Related Information Which Continues To Be Available To You After Your Deletion And/Or Cancelation Of Your Account With The Service. Company Expressly Disclaims Any Liability For Any And All Damages Resulting From Your Inability To Access The Service, App Or Site Due To A Lost, Stolen Or Malfunctioning Mobile Device, Or Your Inability In Any Other Way To Connect To The Service Online. Company Strongly Encourages Its Users To Save Emails With Shopping And Purchase Content To A Dedicated Email Folder.
5. DMCA
ShopInbox Respects The Intellectual Property Rights Of Others. We Will Respond Expeditiously To Claims Of Copyright Infringement Using Guidelines And Procedures Set Forth In Section 512 Of The Digital Millennium Copyright Act Of 1998 (“DMCA”). If You See Any Material On The Site Or In Connection With The Service That In Your Good Faith Belief May Infringe Someone's Copyright, You May Notify Us By E-Mailing Us At Contact@Shopinbox.Io With "Copyright" In The Subject Line. In Order For It To Be Effective, Your Notice, Also Known As A Takedown Notice, Must Include The Following
Information:
(1) The Identity Of The Original Copyrighted Work That You Claim Is Infringed Or – If Your Notice Covers Multiple Copyrighted Works - You May Provide A Representative List Of The Copyrighted Works That You Claim Have Been Infringed;
(2) A Sufficiently Detailed Description Of The Content On The Site That You Claim Infringes The Copyrighted Work;
(3) Your Contact Information, Including Your Full Name, Mailing Address, Telephone Number, And Email Address, If Available;
(4) A Statement That You Believe In Good Faith That The Use Of The Allegedly Infringing Content On The Site Is Not Authorized By The Copyright Owner, Its Agent, Or The Law;
(5) This Statement: "I Swear, Under Penalty Of Perjury, That The Information In This Notification And Complaint Is Accurate And That I Am The Copyright Owner, Or Am Authorized To Act On Behalf Of The Copyright Owner Of An Exclusive Right That Is Infringed"; And
(6) A Physical Or Electronic Signature Of The Copyright Holder Or A Person Authorized To Act On Their Behalf.
Moreover, If You Believe Your Work Was Erroneously Removed Due To An Incorrect Claim Of Copyright Ownership, You May Provide Us A Written Counter Notice. When We Receive Your Counter Notice, We May In, Our Discretion, Reinstate The Material In Question In Not Less Than 10 Nor More Than 14 Days After We Receive The Counter Notice Unless We First Receive Notice From The Original Complaining Party Who Filed The Infringement Notice That They Have Filed A Legal Action To Restrain The Allegedly Infringing Activity. To Provide A Counter Notice To Us, You May Email Us At Contact@Shopinboxi.Io. Please Note That If You Provide A Counter Notice, In Accordance With The Terms Of The DMCA, The Counter Notice Will Be Given To The Original Complaining Party That Filed The Infringement Notice. To Be Effective, A Counter Notice Must Contain Substantially All Of The
Following Information:
(1) Identification Of The Material That Has Been Removed Or To Which Access Has Been Disabled On The Site And The Location At Which The Material Appeared Before It Was Removed Or Access To It Was Disabled;
(2) Your Name, Address, Telephone Number And, If Available, Email Address;
(3) Include Both Of The Following Statements In The Body Of The Notice: "I Hereby State Under Penalty Of Perjury That I 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." "I Hereby State That I Consent To The Jurisdiction Of The Federal District Court For The Judicial District In Which My Address Is Located Or, If My Address Is Outside Of The United States, For Any Judicial District In Which ShopInbox SIA May Be Found, And I Will Accept Service Of Process From The Complaining Party Who Notified ShopInbox SIA Of The Alleged Infringement Or An Agent Of Such Person."; And
(4) Provide Your Full Legal Name And Your Electronic Or Physical Signature.
6. Indemnification
You Hereby Agree To Indemnify And Hold Harmless Company, Its Assignees, And/Or Successors In Interest From And Against Any And All Claims, Damages, Liabilities, Costs And Expenses, Including Legal Expenses And Reasonable Counsel Fees, Arising Out Of Any Breach Or Alleged Breach Of Your Warrant, Representation Or Agreement, Express Or Implied, Made By You Herein, Which Results In A Judgment By A Court Of Competent Jurisdiction.
7. No Warranties
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS OR ERROR-FREE, OR THAT DATA DISPLAYED BY THE SERVICES WILL BE ACCURATE OR RELIABLE.
8. Limited Liability
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST OR COMPROMISED DATA, LOST PROFITS OR REVENUE DUE TO SERVICE INTERRUPTION OR COMPUTER FAILURE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OF COMPANY. YOU HEREBY AGREE THAT COMPANY’S LIABILITY TO YOU WILL NOT EXCEED ANY FEES PAID BY YOU TO COMPANY FOR THE SERVICE. This Limitation Shall Apply Regardless Of Whether The Damages Arise Out Of Breach Of Contract, Tort, Or Any Other Legal Theory Or Form Of Action.
9. Cancelation And Termination
(A) Services May Be Terminated By Us, Without Cause, At Any Time, Without Penalty, Obligation To Refund And Without Notice, If You Fail To Comply With Any Of The Terms Of This Agreement Or The Intellectual Property Protections Applicable To These Services.
(B) Notice Of Termination Of Services By ShopInbox May Be Sent To The Contact E-Mail Associated With Your Account. Thirty (30) Days After Termination Of Your Account, ShopInbox Will Delete All Data And/Or Purchase Information That Is Stored In Your Account And It Is Your Responsibility To Retrieve And Secure Any Purchase Information You Deem Valuable Before Final Account Termination.
(C) Services May Be Terminated By You By Deleting Your User Account And/Or Cancelling Your Premium Account On The Service.
(D) When You Delete Or Cancel Your Account, ShopInbox Will Maintain Your Data For A Recovery Period Of Thirty (30) Days To Allow You To Retrieve The Information Currently Stored By The Service.
10. Links And Affiliated Sites
Company Has No Control Over, And No Liability For Any Third Party Websites Or Materials. Company May Work With A Number Of Partners And Affiliates Whose Internet Sites May Be Linked With Or From The Site Or App. Because Company Does Not Have Control Over The Content And Performance Of Partner And Affiliate Sites, Company Makes No Guarantees About The Accuracy, Currency, Content, Or Quality Of The Information Provided By Such Sites, And Company Assumes No Responsibility For Unintended, Objectionable, Inaccurate, Misleading, Or Unlawful Content That May Reside On Those Sites. Similarly, From Time To Time In Connection With Your Use Of The Service, You May Have Access To Content Items That Are Owned By Third Parties. You Acknowledge And Agree That Company Makes No Guarantees About, And Assumes No Responsibility For, The Accuracy, Currency, Content, Or Quality Of This Third Party Content, And That, Unless Expressly Provided Otherwise, These Terms Of Use Shall Govern Your Use Of Any And All Third Party Content.
11. Copyright
All Contents Of Site, App And Service Are: Copyright © 2015 ShopInbox Inc, 3500 South Dupont Highway, City Of Dover, County Of Kent, Delaware 19901, All Rights Reserved. Nothing Contained On The Site Should Be Understood As Granting You A License To Use Any Of The Trademarks, Service Marks, Or Logos Owned By Company Or By Any Third Party.
12. Governing Law
These Terms Of Use Shall Be Construed In Accordance With And Governed By The Laws Of California, Without Reference To Their Rules Regarding Conflicts Of Law. You Hereby Irrevocably Consent To The Exclusive Jurisdiction Of The Municipal Or Federal Courts In The State Of California For All Disputes Arising Out Of Or Related To The Use Of The Site Or Service.
13. Severability; Waiver; Assignment
If, For Whatever Reason, A Court Of Competent Jurisdiction Finds Any Term Or Condition In These Terms Of Use To Be Unenforceable, All Other Terms And Conditions Will Remain Unaffected And In Full Force And Effect. No Waiver Of Any Breach Of Any Provision Of These Terms Of Use Shall Constitute A Waiver Of Any Prior, Concurrent, Or Subsequent Breach Of The Same Or Any Other Provisions Hereof, And No Waiver Shall Be Effective Unless Made In Writing And Signed By An Authorized Representative Of The Waiving Party. ShopInbox May Assign Or Delegate Some Or All Of Its Rights And Obligations Under This Agreement.
14. Modifications
Company May, In Its Sole Discretion And Without Prior Notice, (A) Revise These Terms Of Use; (B) Modify The Site, App And/Or The Service; And (C) Discontinue The App, Site And/Or Service At Any Time. Company Shall Post Any Revision To These Terms Of Use To The Site, And The Revision Shall Be Effective Immediately On Such Posting. You Agree To Review These Terms Of Use And Other Online Policies Posted On The Site Periodically To Be Aware Of Any Revisions. You Agree That, By Continuing To Use Or Access The Site Following Notice Of Any Revision, You Shall Abide By Any Such Revision.
15. Contact Us
If You Have Any Questions About These Terms And Conditions Of Use, Please Contact Us At: contact@shopinbox.io .
16. ACKNLOWLEDGEMENT
BY USING THE SERVICE AND/OR ACCESSING THE APP OR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
