Terms of service
Last updated on June 3, 2015.
Please read our Terms of Service carefully before you start to use our Service. By using our Service, you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, please do not use our Service.
www.shopcade.com, the Shopcade mobile applications, the Shopcade widget and associated websites are operated by Shopvolution Limited ("we, "us", "Shopvolution" or “Shopcade”), incorporated and registered in England and Wales. Our registered office is at 87 Notting Hill Gate London W11 3JZ, United Kingdom and our main trading address is 1st Floor (Rear/South Suite), 87 Notting Hill Gate, W11 3JZ London. Our VAT number is 112844730.
How our service works
To use and access our Service, you need to create an account either by connecting with your Facebook, Google or Twitter accounts or by creating an account on Shopcade directly with your email. This can be done via our website www.shopcade.com or by loading the Shopcade mobile application on your mobile or tablet device.
You may also link other Social Nework Services such as Instagram to your Shopcade account. These Terms of Service are separate from, and in addition to, any Terms of Service or similar agreement between you and a Social Network Service ("SNS"), such as Facebook, (collectively, the "SNS Terms"), which constitutes a separate agreement and relationship, but which may affect your access to or use of our Services. The SNS Terms cover your access to and use of all SNS network and services, which may include access to some of our Services. However, Shopcade has no control over SNSs ,nor any corporate affiliation with the owners of SNS. Because our Services work in relation with SNS networks and services, the SNS may, at its discretion, take action to alter or deny the SNS services, including your access to Shopcade Services and/or the removal or disabling our Services in relation to the SNS's network. Shopcade is not liable to you or any party for any interruption in the availability of or access to our Services caused by an SNS or by your breach of the SNS Terms.
Once you create your account, our Service works as follows:
Approved partner merchants ("Partner Merchants") make their products available to us and these are listed in our online catalogue ("the Products").
We actively monitor our online catalogue, and do our best to remove Restricted Products including, but not limited to, alcoholic products, products of adult nature, smoking products, weapon based products, certain categories of health products, medicines and medical devices, and weight control and slimming products ("Restricted Products"). This is done by a combination of automated filters and manual reviews. However, in the unlikely event that you should come across a Restricted Product, please report it to firstname.lastname@example.org.
On Shopcade, you can find and "like" Products, recommend them to your friends and other Shopcade users and get deals on these products.
When you create a Shopcade account, Shopcade automatically creates a page called “Your Profile”, also referred to as "Your Shopcade". On this page you can collect all the Products you love and organize them in Product Lists.
Whenever you “Like” a Product on Shopcade, this Product is automatically added to Your Shopcade. You can also add a Product to Your Shopcade from anywhere on the web, by using the Shopcade bookmarklet or the “Add a product” button on the site.
You can create Product Lists to organize the Products you have collected in Your Shopcade.
You can write a small text in the “Describe what you’re into” box in Your Shopcade and a description for every Product List in Your Shopcade. You have the right to link back to an external website in these text boxes. We may moderate your text, we may amend or remove any content which we consider in contravention with our Terms of Service in general and our Content Standards in particular. If you think that you have been moderated in error, please contact email@example.com.
We occasionally offer games, competitions and contests with prizes through our Service, these are detailed at the time of launch.
Accessing our site or our service
You must be at least 13 years of age and capable in your country of residence of entering into legal binding agreement to use our Service. If you are under the age of majority, you represent that your parents or legal guardians have read and agreed to these Terms of Service.
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us at firstname.lastname@example.org straight away to let us know.
You agree not to misuse or attempt to misuse the Service, and to use the Service only in a manner consistent with these Terms of Service. You may use our Service only for lawful purposes and you may not use our Service in any way that breaches any applicable local, national or international law or regulation (including, without limitation, laws governing intellectual property and other proprietary rights, and data protections and privacy) or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards described below.
You also agree not to access without authority, interfere with, damage or disrupt any part of our Service or any network or equipment used in the provision of our Service.
You agree that you will not rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your account or any of your rights granted by us under these Terms of Service.
You agree not to impersonate any person or entity, falsely claim an affiliation with any person or entity, access the accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity.
Each user may not have more than one Shopcade account. If we suspect that an individual is using multiple accounts, we reserve the right to suspend their accounts at any time.
Buying on Shopcade
Products featured on Shopcade can be purchased either directly on Shopcade (‘Marketplace Products’), or via a link to the relevant product page on the retailer’s website (‘Affiliate Products’).
Our Markeplace Products can be purchased directly on Shopcade. They will be shipped to you directly by our Partners.
In order to make a purchase you must be 18 years of age or older and possess a valid credit or debit card. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
As soon as you complete your order on Shopcade you will receive an order confirmation email. In the unlikely event where the items you ordered are no longer available, we will notify you immediately by email and refund the payment straight away into your account.
Whilst we try and ensure that all details, descriptions and prices which appear on the Website and Applications are accurate, errors may occur. If we discover an error in the price of any product which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it and refunding you in full. If we are unable to contact you we will treat the order as cancelled.
Where applicable, prices are inclusive of VAT at the prevailing rate. Delivery costs, if any, will be displayed at checkout and included in the total order price. All orders are subject to availability. All prices advertised are subject to change.
Dispatch times may vary according to availability and no guarantees or representations are made as to delivery times. Our expected dispatch time is 48-72 hours but this may vary depending on our Partner and the nature of the order. Please note that once an order has been shipped, it is not possible to change the delivery details and there will be no refund due to incorrect delivery details provided by you.
To return an item, please follow the steps described in the receipt in your parcel. Items are returned directly to our partners, however please also notify your return to us by sending an email to: email@example.com outlining which items you are returning, so we can refund you as soon as possible.
To become a Shopcade Marketplace Partner and sell your products directly on Shopcade, please send us an email at: firstname.lastname@example.org.
When clicking “shop” on an Affiliate Products, you will be redirected to the relevant product page on the Partner website.
Any Purchase you make through a Partner Merchant or your dealings with Partner Merchants or other third parties via our Site or Service, including third party websites accessed via links on our Site or Service, are solely between you and the Partner Merchants or that third party. As such, when you make any Purchase through a Partner Merchant or engage in a transaction with a third party or access a third party's website, you do so under their terms and policies, not ours. Complaints, questions and claims related to the Purchase or transactions with any third party should be directed to the Partner Merchant or that third party.
We make no warranties regarding and shall not be liable or responsible to you (whether in contract, tort or otherwise) for your use of, the quality or late delivery of the Products or the goods or services of a third party or for honouring (or to cause any a Partner Merchant to honour) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to any Product or good or service offerings promoted or available through our Site or Service.
Shopcade regularly features deals on certain products.
Some of these deals can be revealed by clicking on the “Shop” link provided in the product description window. For each deal, please refer to the terms and conditions provided in the product description window. In some instances, Clicking “Shop” will open the Partner Merchant’s site in a new tab and reveal the code in the product description window in Shopcade. Please note that we rely on the information provided to us by our Partner Merchants; in some instances, this information might not be complete and as a result, deals featured on certain products might not apply to these products. Shopvolution Ltd cannot be held responsible for such instances.
Shopcade may organize several types of competitions where users can participate and win different prizes. See below for the specific T&Cs of the running competitions.
By participating in Competitions or receiving any prize, each entrant agrees to release and hold harmless sponsor, Facebook and their subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “released parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the promotion or receipt or use or misuse of any prize. The released parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the promotion; (4) technical or human error which may occur in the administration of the promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the promotion or receipt or use or misuse of any prize.
Competitions Sponsor’s rights
Competitions Limitations of Liability
We may now or in the future permit you to insert a Shopcade Widget (“Widget”) in your own webpage.
In order to create and install the widget, you need to have or create a Shopcade account. By doing so and by using our Service, you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, please do not use our Service.
There are currently two types of widgets.
The first type of widget enables you to display, on your webpage, one of the lists you created in your Shopcade (“list widget”). The content of the widget will reflect the content of the list, meaning that changes made to the list in Shopcade will be visible in the widget without the need to edit the widget.
The second type of widget will scan the content of your webpage, identify keywords and match these with relevant trending products from the Shopcade catalogue, and display these products on your webpage (“contextual widget”). Products will be displayed based on the highest relevancy and popularity among Shopcade users based on a proprietary algorithm. At present, the contextual widget will only return relevant products on webpages with English language content.
Readers of your webpage will be able to click on the products displayed in the Shopcade widget to be redirected to the related merchant site to purchase the product.
The widget is free to install. It includes a ‘Shopcade’ logo which you agree to display by installing the widget.
We hereby grant you a limited, non-transferable, non-sublicensable, non-exclusive license to display the Shopcade widget and advertise your use of Shopcade service, subject to the limitations described in these Terms of Service, including, but not limited to, the following:
Neither you nor we own the Merchant content. You may use Merchant content only through the Shopcade widget and you may not alter its form, format, appearance or overall presentation from the way it appears through the Shopcade widget. You are not allowed to reproduce, distribute, modify, display or otherwise use the Merchant content, except as it appears through the Shopcade widget.
You may display the Shopcade widget on your site provided the Content of your site complies with our Content Standards and Community Guidelines. You are not allowed to temper with the Shopcade widget in any way, such as, but not limited to, removing our links or logo. If we believe that you are not complying with these Terms and Conditions or tempering with the widget, we reserve the right to disable your access to the widget.
We may now or in the future permit you to post, upload, transmit or otherwise provide through our Site or Service messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively "Contributions"). For example, any comment, rating or review of a Product or a Partner Merchant that you post on our Site or upload using our Service is your Contribution. Similarly, the description of Your Shopcade, the names of the lists you create in Your Shopcade and their descriptions are also your Contributions.
We may from time to time provide certain features, which allow you to interact on our Site or through our Service such as chat rooms and other non-instantaneous methods of communication including, but not limited to, ratings, comments and reviews.
We may moderate your Contributions, we may amend or remove any content which we consider in contravention of Terms of Service as set out in the Content Standards paragraph below. If you think that you have been moderated in error, please contact email@example.com.
We do not claim any ownership in your Contributions. However, you acknowledge and agree that we have the right to use, copy, distribute and generally exploit your Contributions to provide our Service and for any purpose related to our business and you grant us a perpetual, irrevocable, transferable, royalty-free license to do this.
These content standards apply to any and all Contributions, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK, USA and in any country from which they are posted.
Your use of our Service and any Contributions must not:
We love how Shopcade is not only a place to shop but also where you can find like-minded friends and have a good natter with them! We wish to make Shopcade as fun as we can for you so we’ve put together a few Shopcade commandments to obey, to make sure you have the best experience possible.
By using Shopcade and getting involved you have agreed to the following:
1. Thou shall be polite Politeness goes a long way! Treat others how you’d like to be treated, yes that includes paying others a compliment every now and then *hint, hint* ;)
2. Thou shall be respectful R-E-S-P-E-C-T, find out what it means to me! This one goes without saying, we’ve got LOADS of respect for our users from all walks of life and we expect you to as well - everyone is entitled to their own opinion!
3. Thou shall have fun If your fun is interrupted by a bad experience on Shopcade, please flag it to us on our Community Forum where a member of the team will get back to you as soon as poss.
4. Thou shall upload appropriate content On Shopcade, we allow you to upload your own pictures and content to your profile, comments and other areas. So keep it clean and relevant, that means no random pics of your armpit (or any other body part) please.
5. Thou shall follow your faves We love to follow cool brands and awesome users on Shopcade and we think you should too! You can follow your friends and fave trendsetters so you stay up to date on all things shopping. Perfecto.
6. Thou shall report anything you’re weary of If you’re unsure about something on Shopcade feel free to flag it (quite literally - we have a flag ;)) to our team on our Community Forum, we’ll be sure to get back to you asap.
7. Thou shall not restrict yourself Yep, we now have private messaging on Shopcade so you can PM your friends - don’t just limit yourself to this though! Comment on lists and share stuff you love just by tagging others. (Just use their username @insertnamehere to tag)
8. Thou shall not be insulting It’s just not cool, guys. Shopcade’s about having fun! Let’s keep the nastiness at bay and concentrate on having a good time.
9. Thou shall stay safe This means being smart and not posting your personal details on the site (personal details include: email addresses, bank details, home addresses, or phone numbers). You wouldn’t write your passwords on your forehead and walk around like that, so why do it online? :)
10. Thou shall respect copyright and confidential property Passing off something as your own when it really isn’t is just plain weird. Don’t use anyone else’s photos, text or videos as your own, they’ve put effort into creating those! If you do feel inspired then please be sure to credit the content owner in the blurb.
11. Thou shall be fair to other members of the community Be fair to other members of the community. No-one likes a know it all, so make sure you treat others as you would wish to be treated.
Well, that’s about it! Have fun and enjoy the Shopcade experience!
We at Shopcade are very proud of our catalogue and are keen to maintain high quality of products and product information. While scouring the web to add yet more trendy products, please respect the following rules:
The following products are forbidden on Shopcade and should not be added:
If you are editing the product information, please comply with our Content Standards. In particular, please make sure you enter only accurate information about the products you are adding.
We might moderate products added by our users and remove any forbidden products. Users adding forbidden products will get a friendly warning from us - in the event of repeated breach, we reserve the right to terminate their account.
If you think that you have been moderated in error, please contact firstname.lastname@example.org.
Should you come across any forbidden product or inappropriate content on Shopcade, please report it to email@example.com.
We do not claim any ownership in your Contributions. However, you acknowledge and agree that we have the right to use, copy, distribute and generally exploit your Contributions to provide our Service and for any purpose related to our business and you grant us a perpetual, irrevocable, transferable, royalty-free license to do this.
Reporting, complaints and concerns
If you have any complaints or concerns about any material which appears on our Site or Service, please contact firstname.lastname@example.org.
Suspension and termination
If we believe that you are violating any of the Sections Acceptable Use and/or Content Standards prohibitions or are otherwise violating these Terms of Service, we may, among other things, take all or any of the following actions:
If we terminate your account, you agree to immediately stop accessing or using the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We reserve the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service, including technological barriers, IP mapping, disclosing information and directly contacting your Internet Service Provider (ISP) or other companies or law enforcement regarding such unauthorized use.
If you do not use our Service or login to your account for a period of 12 months, we may close your account. We will contact you by email at least three times prior to closing your account to inform you that your account is due to be closed by reason of your inactivity.
Intellectual property rights
Our Site, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, Product information, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (the "Content") and all intellectual property rights to the same (excluding Contributions) are owned by us, our licensors, or both.
The Site, Service and related content are protected by applicable copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties around the world. All such rights are reserved.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Content on our Site or Service in any way save as expressly permitted by these Terms of Service.
"Shopvolution" and "Shopcade" are trademarks of Shopvolution Limited.
Reliance on information
Information available on our Site or Service is for educational, entertainment and promotional purposes only. This information is supplied by third parties including our Partner Merchants and our users. As such, while we make efforts to ensure that information available through our Service is accurate, we do not represent or warrant that any Contributions or Content and other information and opinions expressed on our Site or Service is accurate, complete or current.
Where you are relying on this information, for example where you are making a Purchase, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content, Contributions, and other information and opinions expressed on our Site or Service. For instance, ratings, comments and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable Product, service, Partner Merchant or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Service, and should carry out your own research and investigation as appropriate.
If there is a dispute between you and anyone accessing our Site or Service, or you and any third party (including a Partner Merchant) in connection with our Site or Service, you understand and agree that we are under no obligation to become involved.
Any product or promotion of a product on the Service are not sponsored, endorsed or administered by, or in any other way associated with, Facebook. Facebook has no control over Content, Contributions or other information and opinion expressed via the Service.
Our site and our service changes regularly
We aim to update our Site or Service regularly, and may change the Content on the Site or Service at any time. If the need arises, we may suspend access to our Site or Service, or close it indefinitely. Any Content on our Site or Service may be out of date at any given time, and we are under no obligation to update such Content.
SHOPCADE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOPCADE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
SHOPCADE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
SHOPCADE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH SERVICES, MATERIAL OR DATA.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHOPCADE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SHOPCADE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $50 (OR THE EQUIVALENT IN POUNDS) OR THE AMOUNTS PAID BY YOU TO SHOPCADE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION APPLICABLE TO YOU.
YOU AND SHOPCADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Jurisdiction and applicable law
The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services, although you will have the right to bring proceedings in your country of residence.
These terms of service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Information about you and your visits to our site and use of our service
U.S. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Shopcade's Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Website;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shopcade to locate the material;
(iv) information reasonably sufficient to permit Shopcade to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel to confirm these requirements and your compliance.
Shopcade’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Shopvolution Inc, 41 East 11th Street, 11th floor, New York NY 10003 or by email at email@example.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Shopcade support through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that your Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to submit the Contribution to the Website, then you may send a counter notification containing the following information to Shopcade’s Designated Copyright Agent at the address listed above:
(i) Your physical or electronic signature
(ii) Identification of the Contribution that was removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that your Contribution was removed or disabled as a result of mistake or misidentification of the Contribution to be removed or disabled; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Manhattan County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by the Designated Copyright Agent, then Shopcade may send a copy of the counter notice to the original complaining party informing that person or entity that Shopcade may restore the removed Contribution or cease disabling access to it in ten business days. Unless the copyright owner files an action seeking a court order against the person submitting the Contribution, the removed Contribution may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter notice, at Shopcade's sole discretion.
We may revise these Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If a revision, in our sole discretion, is material we will attempt to notify you. If you do not agree to the new Terms of Service, please stop using the Service.
Shopcade may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of Shopcade. Any assignment attempted in violation of this clause shall be void.
You acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of an agreement (including this Agreement) or part of it.