Ushoppa's terms and conditions

Welcome to Ushoppa ("Ushoppa" or this "Web Site"). Ushoppa is the ultimate comparative shopping engine, combining powerful technologies that include intelligent text search, image (shape, pattern and color) search, wiki buying and gift guides. Ushoppa is owned and operated by eWarna.com Sdn Bhd ("we").

These Terms and Conditions govern your use of Ushoppa, including the content you contribute. By visiting or using Ushoppa, you expressly agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue use of the Web Site. We reserve the right to modify these Terms and Conditions at any time by posting changes on this Web Site. We encourage you to check these Terms and Conditions frequently. Your continued use of this Web Site or its services or features (collectively, the "Services") constitutes your acceptance of the current posted Terms and Conditions.

Ushoppa Members. Users can use the Ushoppa search engine without registering on the Web Site. However, users who wish to contribute content to the Web Site or use some of the Ushoppa Services (for example, to allow a user to maintain a product wishlist, create a personal Ushoppa page, and personalize his or her searches) are required to register as a Ushoppa member ("Ushoppa Member" or "Member").

Only users who are at least 18 years old are eligible to become Ushoppa Members. By registering on our Web Site, you represent and warrant that you meet Ushoppa's age requirements, and that you will use the Web Site and services solely for your personal non-commercial home use.

To become a Ushoppa Member, you will be asked at the Web Site to provide your email address and to create a username and password. You may also be asked to answer some questions about yourself. We will use your email to communicate with you about your Ushoppa account, including content that you may have contributed to Ushoppa, and to provide other Services that you request (such as email alerts and newsletters). You agree that the information that you provide to the Web Site will be true, accurate, current and complete, and that you will update it promptly for changes.

You are responsible for safeguarding the password that you select for your Ushoppa Member account. You agree not to share your password with anyone. Any activities traceable to your username and password will be your responsibility, regardless of whether you authorized those activities. If you violate these Terms and Conditions, we may, at our discretion, terminate your registration, remove or modify the content you contributed, or take any other action that we determine to be appropriate.

Privacy. The information that you provide to Ushoppa to become a Ushoppa Member is governed by Ushoppa's privacy policy (the "Privacy Policy"), which is located here. We strongly urge you to review the terms of the Privacy Policy. These Terms and Conditions incorporate by reference the terms of the Privacy Policy.

Ushoppa Search Results and Content. When a user enters a search term into the Ushoppa shopping search engine, Ushoppa displays the results of your search. You acknowledge that the Ushoppa search results consist of information displayed by online merchants and other third parties on the Internet, and that we do not independently verify any of the information included in our search results. It is your responsibility to verify pricing, product availability and product description with the online merchant.

We do not sell, resell or license any product listed on Ushoppa; neither are we an agent for the sale. Ushoppa only directs you to the Web site of the online merchant that you select. Once there, you transact business directly with the online merchant. You acknowledge that we disclaim any responsibility or liability for the products that you purchase, or your dealings with an online merchant listed in our search results. You agree that you will contact the online merchant directly for customer service, technical support and other inquiries regarding your purchase, and the bank or other payment processor regarding any payment issues.

You acknowledge that we do not warrant that any of the content on Ushoppa is accurate, up-to-date, complete, reliable, and that we assume no liability for any inaccuracy or incompleteness in the content of the Web Site, including the search results, product reviews, ratings, and buying guides. See also "Disclaimers" below.

Content Submission. Ushoppa is an organic Web site that grows because of the reviews, edits, comments and videos contributed by our Ushoppa Members. Ushoppa Members are encouraged to contribute content to Ushoppa, whether in the form of reviews, comments, edits to existing content, ratings, video content or information for his or her profile page. When you contribute content to Ushoppa, you represent and warrant that you are the author and owner of the intellectual property rights in the contributed content, and you grant to Ushoppa Corp. a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works from, delete, display, publish, distribute, and sell such contributed works, and to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your contributed content. You represent and warrant that none of your contributed content is subject to a confidentiality obligation.

You may edit or remove your contributed content from Ushoppa at any time. However, if we have distributed your content to others, we may not be able to require them to make the same changes. We request that you do not contribute the content you post on Ushoppa to other shopping sites. If you choose to republish your content, we request that you republish your content by linking to the relevant page of Ushoppa. You acknowledge that Ushoppa Corp. has the right, in its sole discretion, to modify or delete any contributed content at any time.

You agree that you will not contribute content to Ushoppa that contains:

Information that you know to be false, inaccurate or misleading;
Language that is defamatory, libelous, hateful or otherwise offensive, in our sole judgment;
Personal information about another, such as name, address, email address or phone number;
Advertising or commercial content that is not relevant in the context;
Viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system or data;
Content for which you receive compensation or other consideration from a third party;
Or content that violates, in our sole judgment, the standards of good taste or the standards of this Web Site.

In addition, you agree that you will not:

Use Ushoppa for any unlawful purpose;
Remove any copyright, trademark or other proprietary rights notices contained on Ushoppa or any material downloadable from Ushoppa;
Harvest or collect information about Ushoppa's users without their express consent;
Frame Ushoppa, place pop-up windows over its pages, or otherwise affect the way Ushoppa is displayed, unless you have first received our express written permission;
Add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on Ushoppa;
Use information found on Ushoppa to send spam;
Use Ushoppa to harass others;
Or re-sell, decompile, reverse engineer, or disassemble Ushoppa, its contents or technology.

Ushoppa's Proprietary Rights. The information and materials made available through the Ushoppa and the Services are the property of Ushoppa Corp. and its licensors and suppliers, and are protected by U.S. and international copyright, trademark and other rights and laws. So long as you comply with these Terms and Conditions and are permitted by Ushoppa Corp. to use the Web Site and Services, you may download one (1) copy of the content on the Site, including downloadable files, to any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except to the limited extent contemplated by the Ushoppa editing functionality or otherwise authorized in advance by Ushoppa Corp., you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Web Site or any materials made available through the Web Site.

Trade names, trademarks and service marks of Ushoppa Corp. include without limitation USHOPPA, EMOTIONAL SHOPPING and all associated logos. All trademarks and service marks on the Web Site not owned by eWarna.com Sdn Bhd are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Ushoppa trade names, trademarks or service marks without our express prior written consent.

We are unable to resolve or otherwise address trademark and other rights disputes between trademark owners and third parties. We encourage trademark owners to resolve their disputes directly with the third party.

Links to Other Web Sites. The Web Site includes links to third-party Web sites. We have no control over these Web sites or their content. Your use of a third-party Web site is governed by its terms and conditions and privacy policy. We cannot guarantee that the content contained on these Web sites is accurate, legal and/or inoffensive, and does not endorse any third party Web site. We do not warrant that a third party Web site will not contain viruses or otherwise impact your computer. If you have a problem with a link from the Web Site, please notify us at ushoppa@ushoppa.com, and we will investigate your claim and take any actions we deem appropriate. Other Web sites may link to our Web Site without authorization. Any dealings you have with a third party linked to or from this Web Site are between you and the third party. You agree that we shall not be responsible or liable for any links to or from a third party Web site to this Web Site, any materials, transactions, products or services available on or through those Web sites, or any loss or damage that you suffer as a result.

Offline Conduct. Although we cannot monitor the conduct of its users off the Web Site, it is a violation of the Terms and Conditions to use any information obtained from this Web Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without his or her prior explicit consent.

Unauthorized Uses of This Web Site. You agree that you will not use any data mining, robot, or similar data gathering or extraction tool, whether automated or manual, to monitor or copy the Web Site's content without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site. Illegal and/or unauthorized uses of the Web Site will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ushoppa's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Ushoppa's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail:

eWarna.com Sdn Bhd
B-15-8 Megan Avenue II
12 Jalan Yap Kwan Seng
50450 Kuala Lumpur
Malaysia
Attention: Man Hon Shiew

By phone: +603-21618333
By fax: +603-21622993
By email: ushoppa@ushoppa.com

Collection of Information from Minors. The Web Site is directed to, and intended for use by, adults only. We require that a user be 18 years of age or older to become a Ushoppa Member (and in doing so, to submit personal information). We do not knowingly collect personal information from children under the age of thirteen. If we become aware that we have inadvertently received personal information from a user under the age of thirteen, we will delete such information from our records. To review our Privacy Policy, click here.

USE VOID WHERE PROHIBITED. Use of the Web Site is void where prohibited. By using this Web Site, you represent and warrant that you have the right, authority, and capacity to abide by these Terms and Conditions.

DISCLAIMERS. EWARNA.COM SDN BHD DOES NOT PROMISE THAT THE WEB SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT USE OF THE WEB SITE OR ANY OF ITS SERVICES, CONTENT, SEARCHES, OR LINKS WILL PRODUCE ANY PARTICULAR RESULT. THE WEB SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EWARNA.COM SDN BHD DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WE CANNOT ENSURE THAT MATERIALS THAT YOU ACCESS OR DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

EWARNA.COM SDN BHD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF USHOPPA USERS, MERCHANTS FEATURED ON THE WEB SITE, AND/OR OTHER THIRD PARTY IN CONNECTION WITH THE WEB SITE OR SERVICES, OR OTHERWISE RELATED TO YOUR USE OF THE WEB SITE OR SERVICES. WE ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE WEB SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS OR THIRD PARTIES REFERENCED ON OR INCLUDED IN THE WEB SITE TO USHOPPA AT USHOPPA@USHOPPA.COM. WE MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, AT ITS SOLE DISCRETION.

THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU ARE SUBJECT TO THESE LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

LIMITATION ON LIABILITY. IN NO EVENT WILL EWARNA.COM SDN BHD BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF USHOPPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity. You agree to indemnify and hold eWarna.com Sdn Bhd, our directors, officers, employees, consultants, agents, affiliates, licensors, suppliers, advertisers and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from (a) your breach of these Terms and Conditions; (b) any allegation that any materials you post on the Web Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Web Site.

Violation of the Terms and Conditions. You agree that monetary damages may not provide a sufficient remedy to Ushoppa for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations.

Disputes. If there is any dispute about or involving the Web Site or Services, you agree that the dispute will be governed by the laws of Malaysia without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and exclusive venue in Malaysia, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms and Conditions is found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity of the remaining provisions.

Assignment. You agree that these Terms and Conditions and all agreements and information incorporated herein may be automatically assigned by eWarna.com Sdn Bhd., in its sole discretion, to a third party without notice to you. You may not assign your obligations under these Terms and Conditions to a third party.

Contact Us. If you see objectionable content or have any questions about these Terms and Conditions, please contact eWarna.com Sdn Bhd at ushoppa@ushoppa.com.