Terms of Service
These Terms of Service set out the terms on which SHOPCYCO offers you access to and use of our sites, applications, and services (collectively "Services"). All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Terms of Service. You agree to comply with all of the terms of this Terms of Service when accessing or using our Services. We reserve the right to modify these Terms and we will notify you when we make any changes by sending system messages or notify you by email prior to the change becoming effective.
· You must be at least 18 years old.
· You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
· We must not have previously disabled your account for violation of law or any of our policies.
· You agree not to:
I. use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
II. post false, inaccurate, misleading, deceptive, defamatory, illegal content on our Sites and Apps;
III. post, list or upload content or items in inappropriate categories or areas on our Sites and Apps;
IV. post any content that infringes others’ rights, such as copyrights;
V. post anything that encourages illegal transactions or activities;
VI. abuse content feedback system, such as rating, comment, like;
VII. damage or impose an unreasonable large load on our infrastructure;
VIII. breach or circumvent any laws, third-party rights;
IX. breach SHOPCYCO Market Seller Agreement if you choose to become a seller;
X. Spam, send unsolicited communications or circulate bulk, or take any action that may harm SHOPCYCO or the interests or property of users;
XI. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SHOPCYCO;
XII. transfer your SHOPCYCO account to another person without our consent;
XIII. use the Services to collect information about other users without their consent;
XIV. commercialize any SHOPCYCO Services;
XV. infringe the Intellectual Property Rights (such as copyrights) that belong to SHOPCYCO.
Registered User Accounts
· In order to access certain parts of the Services, you may have to register as a registered user, and all the information you provide when you register must be true, accurate and current;
· You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account;
· You agree to immediately notify SHOPCYCO of any unauthorized use of your password or account or any other breach of security, and log out from your account at the end of each session. SHOPCYCO will not be liable for any loss or damage arising from your failure to comply with this section;
· SHOPCYCO may suspend or terminate your account for any reason or no reason with sole discretion. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Services or do not use your account.
· You may use the Services provide to post or share content in many forms and areas;
· SHOPCYCO reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed on the Services, to determine when, how, and where your User Content will appear on the Services, and to modify or remove any content in our sole discretion;
· When you post a User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws;
· Anytime you post a User Content, you automatically grant SHOPCYCO and its affiliates an unrestricted legal right to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content;
· Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to SHOPCYCO. SHOPCYCO cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user;
· In the event of termination or deactivation of your account, we may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that was posted on the Services.
· Electronic communications are not a reliable means of communicating information. SHOPCYCO disclaims all liability to the fullest extent permitted by applicable law for any loss or damage arising from any reliance on or use of this message in any way;
· User verification on the Internet is difficult, it is not possible for SHOPCYCO to confirm each user's purported identity, it is your responsibility to decide how to deal with other users when using the Instant Messenger.
· It is your responsibility to make sure your contact information is true, accurate, current, and complete before making a Market purchase;
· You are responsible for reading the full item listing before buying;
· You understand that if you decide to deal with the seller off our Services, you may open yourself to many types of risks which we’re not responsible for and cannot help with;
· Once you click the “help” button and open a case on a transaction, you agree to let us make the final decision.
All tipping activities are at will, and tips are non-refundable.
· You understand that a withdrawal request under certain amount may be subject to a transaction fee;
· Market sellers are charged with certain types of fees under Market Seller Agreement.
· All Content published on or otherwise accessible through the Sites is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by the Companies or the Companies' content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content;
· SHOPCYCO is the exclusive owners of all intellectual property or proprietary rights contained on or used in connection with the Services.
· SHOPCYCO may remove, disable access to material claimed to be subject of infringing activity, and discontinue service to repeat offenders.
· If SHOPCYCO removes or disables access in response to such a notice, SHOPCYCO will make a good-faith attempt to contact the allegedly infringing party so that they may make a counter notification.
· If you believe that material residing on or accessible through the Services infringes a copyright or other intellectual property right, to provide SHOPCYCO of notice of such infringement, you may send a notice of infringement to the Designated Agent via email to firstname.lastname@example.org. (If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees))
Disclaimer & Limitation of Liability
· We always try our best to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services;
· In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms inconsistent with these Terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated;
· You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of title, merchantability, performance, fitness for a particular purpose, and non-infringement;
· SHOPCYCO does not make any representation as to the potential revenues or other benefits you may realize by using the Services;
· Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on or through the Services is solely between you and such third parties, and SHOPCYCO has no control over the quality or legality of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. SHOPCYCO is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not SHOPCYCO, are responsible for compliance with all laws applicable in any such transaction;
· In no event shall SHOPCYCO be liable for any damages whatsoever, including direct, indirect, special, incidental, consequential damages or other damages arising out of or in connection with the use or inability to use the Services or any other services you may access while using the Services or your use of the Content, even if advised of the possibility of such damages.
You will indemnify, defend, and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim, liability, costs, damages, settlements, and expenses, including reasonable legal fees, made by any third party due to or arising out of or in connection with your breach of these Terms, your improper use of our Services or your breach of any law or the rights of a third party.
SHOPCYCO may suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used the Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, SHOPCYCO may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and SHOPCYCO shall not be liable for damages or results thereof and user agrees not to bring any action or claim against SHOPCYCO for such disclosure.
Confidentiality. SHOPCYCO and all Users acknowledge that, in the course of performing their obligations under this Policy, each party may acquire information, identified as confidential, about the other party, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature, including without limitation, merchandising records, Customer records and mailing lists, systems information, technology, technical information, and general financing and business plans and information. Each Party, during the Term of this Policy and for a period of three (3) years after termination of this Policy, shall hold such Confidential Information in confidence, shall not disclose such Confidential Information except to its officers, advisors, consultants or employees who have a reasonable need to know such Confidential Information. Neither party shall disclose Confidential Information to any third party without the prior written approval of the other party, and shall return or destroy all such Confidential Information upon request of the disclosing party. Neither party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party's Confidential Information and which are provided hereunder. For purposes of clarity, Customer information, including but not limited to name, address and other contact information, shall be deemed the sole property and Confidential Information of SHOPCYCO alone.
When and What Information We Collect
The main purpose in collecting personal information is to provide you with an enjoyable, customized, and efficient experience on our Sites and Apps. Most of this information is collected only when you decide to become a Registered User on the Sites and Apps. SHOPCYCO is not responsible for the personal information Users elect to disclose in public posts and we encourage you to use discretion.
We collect, process, and use your information when you:
· Register for our Services or sign in to an existing account
· Submit anything including but not limited to a post, a comment, a rating, a like, a tip on any of our Sites and Apps pages
· Visit our Sites and Apps such as pages viewed, searches performed and features accessed
· Connect to our Services using third-party accounts, such as your email, social media, google, or payment account such as PayPal.
· Request customer service or contact us
· Participate in our programs
· Purchase products through our Services
· Access a third party’s link from SHOPCYCO
· Participate in sweepstakes, contest, promotion, or survey
· Your actions on our Sites and Apps are, or appear to be, in violation of the Terms of Service.
What information we collect:
· Online Technical Information. When you visit the Sites and Apps, we may automatically collect identifier and other technical information, such as your browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Sites and Apps.
· Location information. We may collect information about your location when your device is set to provide location information. When we collect other information about you, we may also collect the language option or country you choose. We may link location data to other information we have collected about you.
· Account Profile data. This may include your username, password and other information you give us (if you are a Registered User), the information you give us in connection with but not limited to purchases or orders made by you, your interests, preferences, feedback and survey responses. Profile data you enter in your account profile (if you are a Registered User), including your username, may be shown to other Users to facilitate User interaction on our sites and apps.
· Marketing and communications data. This may include information about your subscription to newsletters and your marketing preferences.
· Transaction and financial data. We may collect or receive transactional and financial information relating to you when you buy something through our Sites and Apps (for example payment details), or because you have bought something from a third party after clicking on an affiliate link in our content.
· Comments, Bookmarks, Follows, and Ratings. These activities help us improve and regulate content on the Sites and Apps. Any Comment posted is under posting User’s name. We are not responsible for the personal information a user elects to share within their Comments and Ratings. If you wish to update or remove your comments and ratings, you may contact us at email@example.com.
· Third-party services. If you log in via a third-party service like Facebook, Weibo, WeChat or Google, we will collect the information described in the third-party service's request for authorization. This information may include your name, email address, gender, city, and state. You should review your privacy settings with these third-party services to be sure you are only sharing information you wish to share. When you provide us with your address, we may use third-party services such as Google Places API to help complete your address information after you begin to type it. We will combine the address information that we collect through this service with any other information that we collect from or about you, and we will use, retain, and share it as described in this Policy.
Why and How We Use and Share Your Information
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org.
· To customize our Sites and Apps' content and layout.
· To customize and personalize the advertising and the content you see.
· To make our marketing and statistical effort efficiently.
· To improve product offerings.
· To personalize and improve your experience on our Sites and Apps and when using our Services.
· To fulfill your requests for our Services.
· To send you information about topics that we think will be of interest to you.
· To alert you to the latest developments and features on our Services.
· To enter you in our sweepstakes, events, promotions when you request that we do so and to award prizes.
· To operate, maintain, and improve our Sites and Apps and Services.
· To communicate with you, including responding to your communications with us and other communications regarding your registration or use of our Services.
· For our research, record keeping, and reporting purposes.
· To monitor our Sites and Apps and Services for compliance with our Terms of Service.
· In order to complete a transaction, the sellers or merchants are provided with the buyer’s name, postal address, and phone number;
· We may share your information in order to (i) protect or defend our legal rights or property or the rights/property of our other users, business partners, employees, agents and contractors (including enforcement of our Policy); (ii) pursue available remedies or limit the damages that we may sustain; (iii) protect the safety and security of our employees, users, or members of the public; (iv) protect against fraud or for other risk management purposes; or (v) comply with the law or respond to law enforcement requests, subpoenas, legal process or inquiries.
· If you consent to share your information, we will share your information on your behalf.
· We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission.
· Affiliate links partners may collect your information when you buy things from them or another third party after clicking on an affiliate link in our content for sales tracking and performance reviewing purposes.
· Other visitors to our Sites and Apps may view your username, user level, your followers, the users you follow, your posts, your ratings, comments, city you are located when you list an item for sale, your profile (which includes multiple fields you may elect to fill out or leave blank), and the items you have for sale.
· To law enforcement where a formal request has been made such as in responding to subpoenas, court orders or legal process, we will share the information upon request.
· We may make any information you disclose when you post anything on our Sites and Apps to other users. SHOPCYCO is not responsible for the information you disclose in public areas (Including all interaction in Deals, Lifestyles, Market and Moments sections), and we strongly recommend that you don’t disclose your personal information in public areas but only to users that you know to be trustworthy.
· We may share information with our agents, contractors, service providers, and partners who are providing services on our behalf and on behalf of our merchants and other partners, such as payment processing, data processing, customer service functions, and hosting. We share personal information about you with service providers that help with our business activities, including shipping vendors, billing and refund vendors, payment card processors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf.
· In the event that all or part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy.
· If you use a third-party payment service such as PayPal to pay for purchases that you make on our Sites and Apps, the third party may collect information about you, your online activities and/or your purchase and combine that with any information that you have separately provided to that third party.
· We will sometimes enable other businesses to make their products or services available to our users. You may purchase products or services from these other businesses at our websites or mobile services. When you purchase these products or services, we identify the other business and share with this business personal information related to your purchase of their products and services.
Your Choices and Responsibilities
We strive to protect all of your information on our Sites and Apps. In order to help us maintain the security of your personal information, we ask that you do not share your password with anybody. Sharing this information could put you and your rating as a buyer/seller at risk. If you lose control of your password or you think that somebody has obtained unauthorized access to your account, immediately change your password. Please contact us at email@example.com if you have any questions.
· The Right to correct your personal information. You have the right to access and correct your personal information at any time, including Account information, Delivery information, Password, who you follow, which post or product you like and bookmark.
· The security of your personal information. When you enter sensitive information (such as bank information, legal name, shipping address, phone number, email address) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). No method of transmission over the internet or method of electronic storage is 100% secure. We cannot and do not guarantee that your information will not suffer unlawful or unauthorized destruction, loss, alteration, disclosure or access. By using our Sites and Apps, you acknowledge these risks.
· Posts Disclosure. If you post any content on our Sites and Apps (Our Deals Section, Lifestyles Section, Moments section on this Sites and Apps) you should be aware that any personal information you submit there can be read, collected, or used by other Users, and can be used to send you unsolicited messages. We are not responsible for the personal information that you choose to submit in any posts. Anytime you wish to remove a post that contains your personal information, you may do so by clicking “Request Removal” for Deals Section and Lifestyles Section and simply clicking “Delete” for Moments Section, or contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
· Instant Messenger Disclosure. If you send or receive messages via our Instant Messenger, you should be aware that any personal information you submit there can be read, collected, or used by other Users, and can be used to send you unsolicited messages. We are not responsible for the personal information that you choose to submit in Instant Messenger. You may blacklist any Users to stop receiving messages from them, and you may contact us for spam messages at email@example.com.
· Third-Party Links. Our Sites and Apps contain links to other websites. We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.
· SSO (Single Sign-On). You can log in to our Sites and Apps using sign-in services such as Facebook Connect, Weibo, Google. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect gives you the option to post information about your activities on the Sites and Apps to your Facebook profile page to share with others within your network.
· Special Notice to Users Outside the United States. SHOPCYCO currently only offers its Services in the United States. Users from other countries should note that SHOPCYCO collects, processes and stores information in the United States. By using our Services from locations outside of the United States, you consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.
· Individual Rights and Data Subject Requests. If you need to change access, delete, or modify any of your personal information on the Sites and Apps, You may also contact us at firstname.lastname@example.org to request access to, transfer of your personal data, or restriction of processing, or to object to the processing of your personal data. Please specify the nature of your request and the information that is the subject of your request. We may require you to submit additional information necessary to verify your identity and status as an EU data subject. We will respond to your request within 30 days. If we are processing your personal data based upon the lawful ground of your consent, you have the right to withdraw your consent for such processing at any time without affecting the lawfulness of processing based on consent before it is withdrawn. To withdraw consent, email us at email@example.com.
Data Sharing and Disclosure
Minors, Children's Privacy
· Minors (those under the age of 18) are not eligible to use SHOPCYCO unless they use our Sites and Apps through a parent or guardian who is a registered User of SHOPCYCO. We do not knowingly collect or maintain personal information from children. If we learn that we have collected personal information from children under 18 years old, we will take appropriate actions to delete this information.
· Our Services are not intended to be used by children, If you are a parent or legal guardian of a child under 18 years old, and you believe that your child has provided personal information to SHOPCYCO, you may contact us at firstname.lastname@example.org to request that we delete your child's personal information from our systems
· Nothing in this Policy shall limit, prohibit, or otherwise deny the ability of SHOPCYCO to (1) transfer, assign, or sell its assets, including, without limitation, the assets of our Sites and Apps, to a third party or (2) dispose of its assets in any manner through bankruptcy or similar proceeding. SHOPCYCO also makes no representations regarding, and disclaims all liability arising out of, or related to, the accuracy or completeness of the information it collects and discloses through our Sites and Apps. In the event of a business transfer of assets, which could include your personal information, we shall notify you by email or by a notice on the Sites and Apps of any significant changes to the information practices governing your personal information.
· Once you provide personal information to a Buyer, Seller, or any other Users on our Sites and Apps, SHOPCYCO has no control over how that information is used by the other individual. You should discuss any privacy concerns you may have with any individual you meet through our Sites and Apps, as the only protection you will have is whatever terms you agree to directly with the other individual.