This End User License Agreement (“Agreement”) is between you and Bellshare Inc (dba as "Pricejunkie", hereafter "Pricejunkie" or "we") and governs use of the Pricejunkie App made available through the Apple App Store. By installing the Pricejunkie App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Pricejunkie App.
We may make changes to this Agreement at any time by posting them on the App Store. Any changes will be effective at the time of posting.
You will find third party coupons, deals, advertisements and other offers on the Pricejunkie App (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.
Pricejunkie has affiliate relationships with certain Sellers, and may receive compensation for your purchase from, or other interactions with, these Sellers. Pricejunkie is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible fulfilling any Offers.
You may post content, including photos, comments, links, Offers, and other materials on, or using, the Pricejunkie App. Anything that you post or otherwise make available on the Pricejunkie App is referred to as “User Content”. When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.
Aside from the limited license described below, you retain all rights in the User Content. You grant Pricejunkie, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Services, and on third party sites (e.g., under our account with a social networking site). Nothing in this Agreement shall restrict other legal rights Pricejunkie may have to User Content. We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement or our policies.
We do not guarantee how quickly your User Content will appear on the Services or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.
Following termination or deactivation of your account, we will retain and use your account information and any User Content in accord with this Agreement.
We respect intellectual property rights, and expect our users to do the same.
We respond to claims of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). To notify us of copyright infringement on our platform, please send us a written notice by email, mail or fax that includes all of the following information:
Pricejunkie will treat notices that meet these requirements in accordance with the DMCA. If we have taken down any content that you believe should not have been removed, you can send us a written counter-notice by email, mail or fax. Please be sure your counter-notice meets the DMCA requirements and we will follow the process set out in the DMCA.
By using the Pricejunkie App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Pricejunkie App does not violate any applicable law or regulation. Your access to the Pricejunkie App may be terminated without warning if Pricejunkie believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Pricejunkie App, you agree to be bound by this Agreement in respect to your child's use of the Pricejunkie App.
You may only open one account. Any additional accounts created without the express written permission of Pricejunkie will be closed.
You must abide by all applicable laws and refrain from violating any third party rights. You must comply with any applicable third-party terms in connection with your use of the Pricejunkie Appo.
You must have all necessary rights to any User Content you post on the Pricejunkie APp, including intellectual property rights.
You may not use the Pricejunkie App to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.
You must provide accurate and honest information to us at all times, including in your User Content.
You may not post User Content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal.
Your Offers may only include products or services that fall within the categories shown on the Pricejunkie App.
You may not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Pricejunkie App or any portion of the Services.
You may not copy, repurpose or distribute content found on the Pricejunkie App, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
You specifically agree not to access (or attempt to access) any of the Pricejunkie App through any automated means (including use of scripts or web crawlers). Pricejunkie or its licensors are the exclusive owners of all software, graphics, designs, technology and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Pricejunkie App. Except as set forth in this Agreement, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.
All rights not granted under this Agreement are reserved by us.
Pricejunkie may collect and use information about your usage of the Pricejunkie App, including certain types of information from and about your device. Pricejunkie may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Pricejunkie App.
We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate this Agreement, cause liability to other users of the Pricejunkie App or do not use your account.
Pricejunkie, not Apple, is responsible for addressing any claims by you relating to the Pricejunkie App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Pricejunkie App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
In the event of any third-party claim that the Pricejunkie App or your possession and use of the Pricejunkie App infringes that third party’s intellectual-property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual-property infringement claim.
Apple and Apple’s subsidiaries are third-party beneficiaries of theis Agreement, and upon your acceptance of theis Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
You can contact us at:
legal@pricejunkie.net
or through our helpdesk at
www.bellshare.com
You will indemnify, defend, and hold harmless Pricejunkie, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to this Agreement, your use of the Services and your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
Pricejunkie is not a party to the transactions between you and a Seller. We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Offers.
We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Services.
The Services contains links to third-party websites, apps and other online properties that are not owned or controlled by Pricejunkie. The Pricejunkie App also makes available for purchase products and services from third-party merchants. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Pricejunkie will have no liability arising from your use of any such properties.
To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to this Agreement or the use of or inability to use the Services, even if we have been advised of the possibility of such damages. If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to this Agreement, the Privacy Policy, and the Services is $5.00. Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.