These terms and conditions (“Terms”) tell you the terms under which you may access, post and make use of our blog network (the “Network”), forums and/or related services we may provide (collectively, the “Service”). If you do not wish to agree to these Terms, you should not use our Network or Service. By using our Network or Service, you are agreeing to these Terms, which constitute an agreement between you and Shopzilla, Inc. (“we” or “Shopzilla”) which owns and/or operates the Network. Shopzilla reserves the right to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Network. It is your responsibility to check for updates to the Terms. Your continued use of the Network indicates your acceptance of any and all revised Terms.
ACCESS
Access to our Network is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Network without notice. We will not be liable if for any reason our Network is unavailable at any time or for any period. As such, our Network and Service are provided to you on an “as is” basis. (You are solely responsible for obtaining and maintaining equipment and service to enable you to access the Internet.)
We, in our sole discretion, may suspend or terminate use of or access to the Service, and remove and delete any Content (defined below), for any reason without liability to you or any third party. In addition, we may disclose information about you to law enforcement authorities or third party complainants as we reasonably feel is necessary or required, including but not limited to disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Network constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
Only adults (18 years and over) may create or post content on the Network. You are responsible for any and all activities occurring or content that is posted under the nickname or alias and password you selected. If you discover any unauthorized activity under your alias, please alert Shopzilla immediately, by sending an email to shoppingnews@shopzilla.com.
ACCEPTABLE USE AND CONTENT STANDARDS
Users like you post most of the Content on the Network and you are responsible to ensure that your postings are accurate, truthful and in compliance with the law and our Content Guidelines. We do not endorse or take responsibility for the Content and cannot monitor it. You acknowledge that any reliance on Content posted via the Service will be at your own risk. If you are creating or posting Content on the Network, you agree to do your best to create good quality, relevant Content.
The Content must:
- Comply with all Content Guidelines we provide you;
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions);
- Comply with applicable law in the U.K. and any locality from which it is posted.
You are solely legally responsible for Content you upload and/or create including text, data, images, video and links that you choose to display on the Network. You may only upload/use or display Content to which you have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. You must have permission to use third party content.
RESTRICTIONS AND PROHIBITIONS ON USE (CONTENT GUIDELINES)
As a User, you may not:
- Use the Network or the Service to violate any Federal, state or local laws. Your Content must comply with all local laws regarding online conduct and acceptable content.
- Modify any Content that you did not create or upload to the Network.
- Create or display Content in breach of a confidentiality or fiduciary obligation You may have.
- Copy, post or display any Content on the Network on any third party web site or page.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of the Content.
- Link to pages or sites that are unrelated to the designated topic and content of the blog or web page where Your Content is displayed.
- Attempt to automatically redirect Network users to other domains, mislead users of the origins of the Content you create or display on the Network.
- Disrupt the Service, or any servers by embedding code in or otherwise attacking the Service.
- Remove, decompile, disassemble or reverse engineer any Software (as defined below) or use any network monitoring or discovery software to determine the Network architecture.
- Impersonate another User or any representative or employee of Shopzilla or its affiliate companies.
- Spam any Users or mass email any User in an automated fashion.
- Promote viruses, worms or other harmful programs and take proper precautions to ban the spread of viruses.
- Collect personal identifiable information about any Users on the Network, or sell or transfer that information.
- Create, display or provide links to Content used for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Harass, threaten, intimidate or harm in any way Users or others who use the Service.
- Violate or infringe the personal rights of other individuals.
- Offer, promote or provide links to content which is unlawful, offending, ethically or morally improper, pornographic or racist.
- Post, promote or offer links to material that exploits children, contains blatant expressions of bigotry, hatred harassment, defamation or excessive cursing.
- Use an alias or nickname that contains profane or sexually suggestive names or expletives.
- Create or display Content written primarily in a language other than English.
- Promotes gambling or links to sites that promote/offer gambling for money.
- Contains misleading tags and/or titles that don’t match the Content, including irrelevant/excessive tagging.
PROPRIETARY RIGHTS CONTENT OWNERSHIP
As a User, you will be able to incorporate different types of content on the blogs or web pages within the Network (”Content”). Content posted by you is not private and by creating or submitting Content to our Network, you grant to us a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from (including, without limitations, translations) and/or sell and/or distribute the Content (in whole or in part) and/or incorporate such content into any form, medium or technology now in existence or hereafter developed for any purpose. We will not return Content submitted and we accept no liability whatsoever for the safe custody thereof.
You also grant to us the right to sublicense any and all of the foregoing rights to third parties including any of our associated companies, advertising networks of our distribution partners and third-party service providers.
You agree to waive any moral rights you have in the Content (including the right to be identified as the author) so that we may adapt and exploit the Content freely and without restriction.
You acknowledge that the Content is free from any obligation of confidence or similar restriction.
We may display advertisements in connection with your Content and use your Content for advertising and promotional purposes. You acknowledge and agree that your Content may be included on websites and advertising networks of our distribution partners and third-party service providers. Shopzilla may preserve and store Content, and may also disclose Content if required to do so by law or if Shopzilla believes in good faith that such preservation or disclosure is reasonably necessary to respond to claims that any Content violates the rights of third parties, or to protect the rights, property or safety of Shopzilla, its users and the public.
The User, and not Shopzilla, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the User. Shopzilla cannot guarantee the accuracy, integrity or quality of such Content. Shopzilla does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Shopzilla will not take responsibility for anything that Users may do in reliance on the Content you post on the Network.
The Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Shopzilla, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Network, except as expressly allowed herein, is strictly prohibited. Shopzilla may at any point make additional software and tools available to Users in connection with the Service. These terms and conditions and all guidelines and policies apply to the ownership and use of such additional software and tools.
COPYRIGHTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- Description of where the material that you claim is infringing is located on the Network;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by directing an e-mail to the Copyright Agent at shoppingnews@shopzilla.com.
TRADEMARKS AND SERVICE MARKS
“Shopzilla®”, “BizRate®” and are Shopzilla service marks or trademarks. Other product and company names mentioned on the Network may be the trademarks of their respective owners.
LINKS TO THIRD PARTY NETWORKS
The Network may include links to other sites or resources over which Shopzilla has no control or responsibility. Shopzilla does not monitor, investigate or check these sites for accuracy or completeness. As a result, Shopzilla is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external Networks. Each User is responsible for what links he or she elects to put in his or her web pages or blogs on the Network.
PRIVACY POLICY
Shopzilla may disclose to third parties certain data or aggregate information that you provide us directly or automatically by accessing our Network (including your IP address), as provided by our Privacy Policy. Third parties may make use of behavior surfing on the Network and use the data in an ad targeting engine. Other than your IP address, Shopzilla will only disclose personally identifying information as authorized by You or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce these Terms, or in accordance with the Shopzilla Privacy Policy which constitutes a part of these Terms and which you can access via this link .
INDEMNIFICATION
You agree to indemnify, defend and hold Shopzilla and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Network.
DISCLAIMER
THE NETWORK AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE NETWORK AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SHOPZILLA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
You expressly understand and agree that Shopzilla will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use or access content on the Service or Network, unauthorized access to or alteration of Content or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. Shopzilla also will not be liable for any loss or damage arising from Your failure to comply with the provisions of these Terms. We provide no guarantees, implied or otherwise, that we will be able to restore your blog from a backup.
WAIVER
The failure of Shopzilla to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
GOVERNING LAW
These Terms will be governed by the laws of the United Kingdom without regard to its conflict of law provisions.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other agreements incorporated by reference in these Terms or entered into between You and us in connection with your registration as a User, constitute the entire agreement between you and us and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Shopzilla services, third-party content or third-party software.
DISPUTE RESOLUTION
If you wish to complain about any use of our Network, User or Content posted to our Network, please contact us at:
Attn: General Counsel
Shopzilla, Inc.
12200 West Olympic Blvd, Suite 300
Los Angeles, CA 90064
Fax: (310) 903-4205
After you contact us, we will review your complaint and inform you of the outcome of our review within a reasonable time of receiving your complaint.






