LICENSE AND SITE ACCESS
Blades Market grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, reviews, descriptions, comparisons, content or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Blades Market. Any unauthorized use shall immediately terminate the licenses and rights granted by Blades Market and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Blades Market, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Blades Market, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Blades Market, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
Blades Market does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Blades Market’s control.
Blades Market provides a number of different services to assist you in deciding what product to buy including reviews, comparisons, product round-ups, search, recommendations and comparison shopping for products and services on the Site. Blades Market is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases.
Blades Market does not sell, resell or license any of the products listed on the Site, nor is Blades Market acting as an agent of sale, and Blades Market disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.
Blades Market does not warrant any content, including but not limited to, reviews, comparisons, product round ups, recommendations, product descriptions, pricing and editorial commentary, on the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Blades Market of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Blades Market assumes no liability for inaccuracy or incompleteness in its content, including but not limited to, reviews, product data, comparisons, round-ups, search results, editorial content and ratings (user, product, merchant etc.).
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Blades Market a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to Blades Market to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Blades Market, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. Blades Market reserves the right to change, condense or delete any content on the Site that Blades Market deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the Sites:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
- that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that seeks to obtain a commercial advantage;
- that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
- that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify Blades Market (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Blades Market’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without Blades Market’s prior written consent.
OTHER BUSINESSES AND LINKS TO OTHER SITES
Blades Market may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Blades Market of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Blades Market is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
Blades Market has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SNAPSORT, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH SNAPSORT, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY SNAPSORT ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNAPSORT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNAPSORT SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. SNAPSORT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SNAPSORT’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNAPSORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM SNAPSORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNAPSORT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
Blades Market disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). Blades Market will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with the governing laws of Ontario and Canada. All notices sent to Blades Market regarding matters other than informing Blades Market that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
To be effective, your infringement notification must include the following:
- A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed with said signature and right notarized in the province on Ontario;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
- Identification of the material (i.e., the Third Party Content) 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 Blades Market to locate the material;
- Information reasonably sufficient to permit Blades Market 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;
- A statement, as follows: “I have 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”; and
- A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer certain functionality and services, such as accessing future services and submitting content (eg product reviews, photos, messages, comments, notes, metadata) that may require you provide certain personal information or may in which in the process of submitting such content inadvertently supply us with personal information. Blades Market will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of Blades Market in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) Blades Market determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Blades Market, its subsidiaries, affiliates, co-brand partners or other parties under contract with Blades Market, our users, or others; or 4) you have provided such data through a partner’s site hosted by Blades Market, in which case Blades Market may provide your personal data to that partner (Blades Market is not responsible for its partners’ privacy policies or their use, storage and processing of data collected on their web sites).
In certain instances, Blades Market may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site. This information is collected to assist us in maintaining a high quality site, provide necessary traffic information to our advertisers and tune our website to provide a better experience for each user. We currently contract with several online partners to help manage and optimize our Internet business and communications. In order to learn more about our users and what services and feature are most attractive to our visitors we utilize cookies to assist us in collecting relevant site usage info by our visitors. Blades Market also utilizes the assistance of third party tools to understand how its site is being used (including Google Analytics, Google Adsense, etc.) and these parties may utilize cookie technology to ascertain how the Site is being accessed by visitors.
In conjunction with our in-house advertising, we use third-party advertising companies to place customized advertisements on the pages you view on the Site (eg Google Adsense). Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Site. These companies may use non-personal information collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you.
The Site contains links to web sites of third parties. Blades Market is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Blades Market adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Blades Market uses third-party advertising companies to serve our ads and collect information when users visit the Site. These third-party advertising companies employ cookie and 1×1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. These companies may use information (not including your name, address, email address or telephone number) about your visits to our website and other websites in order to provide advertisements on our site, other websites and other forms of media about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, check out http://www.networkadvertising.org/managing/opt_out.asp.