Terms of Use
AppAds Promotions Inc, a company incorporated in
accordance with the laws of Newfoundland and Labrador is the owner of Shop The
Rock mobile application (“the Application”) and the websites www.ShopTheRockNL.ca,
and www.Shop-The-Rock.ca (“the Websites”). The Application and the Websites
allow users to view, activate and redeem coupon savings.
THE FOLLOWING END USER LICENCE AGREEMENT and TERMS AND CONDITIONS (“TERMS”)
GOVERNS THE USER’S USE OF THE APPLICATION, WEBSITES AND SERVICES (collectively
referred to as “Shop The Rock”) PROVIDED BY APPADS PROMOTIONS INC (the
“Company”). By accessing and using the Application and/or Websites and/or
Services, You (the User) agree to be bound by the Terms set out in this legal
notice, and you represent that you have the authority and capacity to enter
into this Agreement. If You, the User, do not wish to be bound by these Terms,
you may not access, display, use, download, and/or otherwise copy or distribute
content obtained through Shop The Rock.
Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible for
all activities that occur under your Account. You approve to immediately notify
Company of any unauthorized use, or suspected unauthorized use of your Account.
Company cannot and will not be liable for any loss or damage arising from your
failure to comply with the above requirements.
Access to the Application. Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to access Shop The
Rock solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to
the following restrictions: (a) you shall not sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Websites or the
Application; (b) you shall not change, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Websites or the
Application; (c) you shall not access the Websites or the Application in order
to build a similar or competitive website or application; and (d) except as
expressly stated herein, no part of the Websites or the Application may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of Shop The Rock shall be
subject to these Terms. All copyright and other proprietary notices on the
Websites and the Application must be retained on all copies thereof.
Company reserves the right to modify, suspend, or discontinue, temporarily or
permanently, Shop The Rock or any service to which it connects, with or without
notice and without liability to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or termination
of the Websites or the Application or any part of the Shop The Rock service.
No Support or Maintenance. You agree that Company will have no obligation to
provide you with any support in connection with Shop The Rock.
Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, in Shop The Rock and its content are owned by Company or
Company’s suppliers. Note that these Terms and access to the Websites and/or
the Application do not give you any rights, title or interest in or to any
intellectual property rights. Company and its suppliers reserve all rights not
granted in these Terms.
Acceptable Use Policy.
You agree not to use Shop The Rock to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right or any
intellectual property or proprietary right; (ii) that is unlawful, harassing,
abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar,
defamatory, false, intentionally misleading, trade libelous, pornographic,
obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm
of any kind against any group or individual; (iii) that is harmful to minors in
any way; or (iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or
through Shop The Rock any software intended to damage or alter an operating
system or data; (ii) send through Shop The Rock unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages; (iii) use Shop
The Rock to harvest, collect, gather or assemble information or data regarding
other users without their consent; (iv) interfere with, disrupt, or create an
undue burden on servers or networks connected to Shop The Rock, or violate the
regulations, policies or procedures of such networks; (v) attempt to gain
unauthorized access to Shop The Rock, whether through password mining or any
other means; (vi) harass or interfere with any other user’s use and enjoyment
of Shop The Rock; or (vi) use software or automated agents or scripts to
produce multiple accounts on the Websites or the Application, or to generate
automated searches, requests, or queries to Shop The Rock.
Your “Content” shall mean any audio, video, text, comments, images or other
material you choose to display on Shop The Rock. By displaying Your Content,
you grant Company a non-exclusive, worldwide irrevocable, sub licensable
license to use, reproduce, adapt, publish, translate and distribute it in any
and all media.
Company respects the intellectual property of others and asks that users of our
Websites and/or Application do the same. Your Content must be your own and must
not be invading any third-party’s rights. Company reserves the right to remove
any of Your Content from this Website or Application at any time without
notice.
We reserve the right to review any User Content, and to investigate and/or take
appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or
modifying your User Content, terminating your access, and/or reporting you to
law enforcement authorities.
Parts of Shop The Rock may offer an opportunity for users to post and exchange
opinions and information. Company does not filter, edit, publish or review
Content or Comments prior to their presence on the Websites or the Application.
Comments do not reflect the views and opinions of Company, its agents and/or
affiliates. Comments reflect the views and opinions of the persons who post
their views and opinions. To the extent permitted by applicable laws Company
shall not be liable for the Content or Comments or for any liability, damages
or expenses caused and/or suffered as a result of any use of and/or posting of
and/or appearance of the Content or Comments on the Websites or the
Application. Company reserves the right to monitor all Content and to remove
any Content which can be considered inappropriate, offensive or causes breach
of these Terms.
User Content, if applicable, will remain visible for an undefined period of
time.
As the User, You warrant and represent that:
• You are entitled to post the Content on Shop The Rock and have all necessary
licenses and consents to do so;
• The Content does not invade any intellectual property right, including
without limitation copyright, patent or trademark of any third party;
• The Content do not contain any defamatory, libelous, offensive, indecent or
otherwise unlawful material which is an invasion of privacy
• The Content will not be used to solicit or promote business or custom or
present commercial activities or unlawful activity.
• The Content are true and accurate to the best of your knowledge and are not
in any way deceptive.
You hereby grant Company and Shop The Rock a non-exclusive license to use,
reproduce, edit and authorize others to use, reproduce and edit any of your
Content in any and all forms, formats or media.
You understand that your name and email address may
be shared with affiliates and third-parties associated with Shop The Rock, such
as participating businesses that offer coupons in the Shop The Rock app and
organizations that run fundraisers using the Shop The Rock platform.
If you find any link or Content on our Websites or Application that is
offensive for any reason, you are free to contact and inform Company. Company
will consider requests to remove links and/or Content but we are not obligated
to or so or to respond to you directly.
We reserve the right to request that you remove all links or any particular
link to any site, page or application of Shop The Rock. You approve to
immediately remove all links to Shop The Rock upon request. We also reserve the
right to amend these terms and conditions and its linking policy at any time.
By continuously linking to Shop The Rock, you agree to be bound to and follow
these linking terms and conditions.
No use of Shop The Rock’s logo or other artwork will be allowed for linking
absent a trademark license agreement.
You may not create frames around our Webpages that alter in any way the visual
presentation or appearance of our Websites or Application.
If you provide Company with any feedback or suggestions regarding Shop The Rock,
you hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related
information in any manner it believes appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary.
Company does not ensure that the information on Shop The Rock is correct, we do
not warrant its completeness or accuracy; nor do we promise to ensure that Shop
The Rock remains available or that the material on the Websites and/or the
Application remains available or is kept up to date.
You agree to indemnify and hold Company and its officers, affiliates,
employees, and agents harmless, including costs and attorneys’ fees, from any
claim or demand made by any third-party due to or arising out of (a) your use
of Shop The Rock, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves the
right 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 matter without the prior written
consent of Company. Company will use reasonable efforts to notify you of any
such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. The Websites and/or the Application may contain
links to third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads.
Company provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a suitable
level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and policies
apply, including the third party’s privacy and data gathering practices.
Other Users. Each Shop The Rock user is solely responsible for any and all of
its own User Content. Because Company does not control User Content, you
acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. You agree that Company will not be responsible
for any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Shop The Rock user, we are under no
obligation to become involved.
You hereby release and forever discharge the Company and our officers,
affiliates, employees, agents, successors, and assigns from, and hereby waive
and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, Shop The Rock. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: “a general release does not extend
to claims which the creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.”
Disclaimers. Shop The Rock is provided on an “as-is” and “as available” basis,
and Company and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers
make no guarantee that the Websites and/or the Application will meet your
requirements, will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of viruses or other
harmful code, complete, legal, or safe. If applicable law requires any
warranties with respect to Shop The Rock, all such warranties are limited in
duration to seven (7) days from the date of first use.
Limitation on Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APLICABLE LAW, IN NO EVENT SHALL COMPANY
BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF
PROCUREMENT OF SUBSTITUTE PRODUCTS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF
GOODWILL, COMPUTER/ELECTRONIC DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM
OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THESE
TERMS OR YOUR USE OF, OR INCAPABILITY TO USE THE WEBSITES AND/OR THE
APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. ACCESS TO AND USE OF SHOP THE ROCK IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE TO ANY DAMAGE TO YOUR DEVICE
OR COMPUTER SYSTEM OR LOSS OF DATA RESUKTING THEREFROM. IN NO EVENT WILL
COMPANY’S CUMULATIVE DAMAGES EXCEED THE FEES THE USER PAID TO COMPANY UNDER
THIS AGREEMENT IN THE MOST RECENT 30 DAYS.
The User agrees to defend, indemnify and hold harmless Company and its
affiliates, agents, employees, owners, contractors and attorneys from and
against any liabilities, losses, damages, judgments, fines, penalties, costs
and expenses (including reasonable attorney’s fees and court costs), arising
out of or resulting from any claim, demand, action or proceeding brought
against Company arising out of or based upon (a) any breach by The User of its
representations, warranties and/or obligations in this Agreement; or (b) any
infringement, misappropriation or violation of a third party’s intellectual
property rights resulting from the User’s misuse of Shop The Rock; or (c) any
infringement, misappropriation or violation of a third party’s personal
property rights (including but not limited to privacy) resulting from the
User’s use of Shop The Rock.
Term and Termination. This Agreement and These Terms will remain in full force
and effect while you use Shop The Rock. We may suspend or terminate your rights
to use the Websites and/or the Application at any time for any reason at our
sole discretion, including for any use of Shop The Rock in violation of these
Terms, without prior notice from Company. Upon termination of your rights under
these Terms, your Account and right to access and use Shop The Rock will
terminate immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account from our
databases. Company will not have any liability whatsoever to you for any
termination of your rights under these Terms. You may also terminate this
Agreement by deleting the Application and all copies thereof from your mobile
device or computer.
All fees paid to Company by the User are non-refundable and non-transferable.
General
We employ the use of cookies. By accessing Shop The Rock, you agreed to use
cookies in agreement with our privacy policy. Most interactive websites and
applications use cookies to let us retrieve the user’s details for each visit.
Cookies are used by our Websites and Application to enable the functionality of
certain areas to make it easier for people using Shop The Rock. Some of our
affiliate/advertising partners may also use cookies.
These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address
you provided to us and/or by posting notice of the changes on our Website(s) or
in our Application. You are responsible for providing us with your most current
e-mail address. In the event that the last e-mail address that you have
provided us is not valid our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the notice.
Company reserves the
right to modify the terms and conditions of this agreement or its policies
relating to STR. You are bound by any of
the changes made in the Agreement, including changes to any and all documents,
forms and conditions incorporated.
Continued use of Shop The Rock after any such changes shall constitute your
consent to such changes. If you do not
agree with any of the amended terms, you must terminate this Agreement and
cease any further use of Shop The Rock.
The date at the end of this Agreement indicates the last date that the
Agreement was updated. Company advises to periodically read the terms of this
Agreement on the Shop The Rock website and/or the application, as they may
change from time to time.
The Websites and the Application may be subject to U.S. export control
laws and may be subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
Electronic Communications. The communications between you and Company use
electronic means, whether you use Shop The Rock or send us emails, or whether
Company posts notices on Shop The Rock or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications would
satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and
Company regarding the use of Shop The Rock. Company’s failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word “including” means
“including without limitation”. If any provision of these Terms is held to be
invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent contractor, and neither
party is an agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing
will be null and void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Company is allowed to assign, transfer, and subcontract its rights and/or
obligations under these Terms without any notification. However, you are not
allowed to assign, transfer, or subcontract any of your rights and/or
obligations under these Terms.
Copyright/Trademark Information. Copyright © AppAds Promotions Inc and Shop The
Rock. All rights reserved. All trademarks, logos and service marks displayed on
the Websites and/or the Application are our property or the property of other
third-parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the Marks.
Contact Information:
Address: Newfoundland and Labrador, Canada
Email: info@appadspromotions.com
Late Updated: November 1, 2019
This document created using termsofusegenerator.net and
termsandconditionstemplate.com.