SHOPHUBS, Inc. Terms & Conditions
Thank you for using SHOPHUBS
These Terms of Service ("Terms") govern your access to and use of the ShopHubs website, apps, APIs, and widgets (“ShopHubs” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using ShopHubs, you agree to be bound by these Terms, our Privacy Policy , and our Cookies Policy.
Shophubs helps you to discover a new way of presenting e-commerce (affiliate marketing products) and social media in one platform. You can add all you’re interests to retrieve similar to exact products and chat about any of the selected products with your family & friends even with people/influencers who love to give their feedback based on their experience and trials. Our target is to tackle all the hustle you've been through by going to other applications or websites to share product links with your contacts list. Instead; you can click on the product you want to chat about and you can see the browser is automatically opened in a web page while you will be still able to chat with your friend at the same time. Our target is to have transparent platform within following features: Rate products and reviews, best recommendation engine that follow your onsite activities, catchy dynamic carousels of trendy products and people's choices, people posts about products and their experiences, private groups and public hubs (groups) with people having mutual interests. Yes-All in one platform.
· Who can use Shophubs
You may use Shophubs only if you can legally form a binding contract with Shophubs, and only in compliance with these Terms and all applicable laws. When you create your Shophubs account, you must provide us with accurate and complete information. You can’t use Shophubs if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Shophubs if you are over the age at which you can provide consent to data processing under the laws of your country. Using Shophubs may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. If you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to read these Terms with you.
· Connecting You with Other People.
We provide, and always strive to improve, ways for you to communicate with other Shophubs users including through chat service including text messages, voice and video calls, sending images and videos, showing your status, and sharing your location with others when you choose.
Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
· Devices And Software.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
· Ways To Improve Our Services.
We analyze how you make use of Shophubs, in order to improve our Services, including helping you & businesses who use Shophubs measure the effectiveness and distribution of their services and messages. Shophubs uses the information it has and also works with partners, service providers, and affiliated companies to do this.
· Safety, Security, And Integrity.
We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others, violations of our Terms and policies, and address situations where we may be able to help support or protect our community. If we learn of people or activity like this, we will take appropriate action, including by removing such people or activity or contacting law enforcement. Any such removal will be in accordance with the “Termination” section below.
· Enabling Access to Our Services.
To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers including affiliated companies.
· Affiliated Companies.
We take affiliate marketing links and represent them to you to find the best products you’re looking for; in this type of integrations, we do receive information about the products and details from the affiliates and we do send them user activity reports: like the user view of products and clicks on links. To obtain commission on subsequent sales, your purchase activity is tracked at the sellers websites.
· Limitation of services
ShopHubs acts solely as an intermediary platform connecting users with third-party vendors. All transactions, including purchase fulfillment, shipping, and returns, are the sole responsibility of the respective vendors. ShopHubs does not assume liability for any issues arising from these transactions.
Shophubs cares about your privacy. Shophubs Privacy Policy describes our data (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.
· Legal Use
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Shophubs, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
· Harm To Shophubs Or Our Users.
You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.
· Keeping Your Account Secure.
You are responsible for keeping your device and your Shophubs account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Shophubs contain links to third party websites, advertisers, services, special offers, or other products, events or activities that are not owned or controlled by Shophubs. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Shophubs, you do so at your own risk and you agree that Shophubs has no liability arising from your use of or access to any third-party website, service, or content.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
In order to operate and provide our Services, you grant Shophubs a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).
· Posting content, social feeds, and user’s interactions
Shophubs allows you to post content, including photos, videos, comments, links, ratings & feedback, create hubs and groups and other materials. Anything that you post or otherwise make available on Shophubs is referred to as "Users Social Feeds." You retain all rights in and it still belongs to you.
· How Shophubs and other users can use your content
You grant Shophubs and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your user content and feeds on Shophubs solely for the purposes of operating, developing, providing, and using Shophubs. Nothing in these Terms restricts other legal rights Shophubs may have to User Content, for example, under other licenses. We reserve the right to remove and modify your content if it violates any best practices. Also, we can show your social activities/feeds to Shophubs users so they can interact with it.
· How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Shophubs, we may keep your user content feeds for a reasonable period of time for backup, archival, or audit purposes. If you choose to post content, you give us permission to use it to provide and improve Shophubs. Copies of content shared with others may remain even after you delete the content from your account.
· Your Feedback
We value hearing from our users, and are always interested in learning about ways we can make Shophubs better for you. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Shophubs doesn’t waive any rights to use similar or related feedback previously known to Shophubs, or developed by its employees, or obtained from sources other than you.
We care about the security of our users and to fight the spammers. While we work to protect the security of your content and account, Shophubs can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. You can do the following to make sure your account is secured enough:
· Update your new Email address and add unique password that you don’t use anywhere else.
· Connect your account to one of the available social media accounts: Facebook, Google , Apple. As it’s easier for you to have a backup in case you’ve forgotten your email address and password.
· Send us immediately when you think you are facing any suspicious activities. info@Shophubs.net
Shophubs may terminate or suspend your right to access or use Shophubs for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason.
Our Service and all content on Shophubs is provided on an "as is" basis without warranty of any kind, whether express or implied. Unfortunately, people post bad stuff on services like Shophubs. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff please send us a complain to this email info@shophubs.net
Shophubs specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Shophubs takes no responsibility and assumes no liability for any User Content that you or any other person or third-party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or wilful misconduct.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPHUBS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SHOPHUBS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Shophubs liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Shophubs isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things.
For any dispute you have with Shophubs, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Shophubs account. If Shophubs hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shophubs are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Shophubs account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org . Unless you and ShopHubs agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Shophubs will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SHOPHUBS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Shophubs or our Service isn’t arbitrable under applicable laws or otherwise: you and Shophubs both agree that any claim or dispute regarding Shophubs will be resolved exclusively in accordance with Section 13 of these Terms.
If you're a consumer in the EEA, Section 12 doesn't apply to you.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
· Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Shophubs after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Shophubs.
· Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shophubs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or Shophubs may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Shophubs, you are entitled to terminate the agreement with immediate effect by deactivating your account. Shophubs will provide you with reasonable notice of any such assignment.
· Entire agreement/severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Shophubs shall constitute the entire agreement between you and Shophubs concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
· No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Shophubs failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
· Parties
If you live in the United States, these Terms are a contract between you and Shophubs Inc., 548 Market Street, Suit# 98662, San Francisco, CA 94104 US