Terms and Conditions & Privacy Policy

Please see the below Terms & Conditions:

SHOPGAB.COM TERMS AND CONDITIONS

ShopGab.com is a service provided by ItemNation, Inc. a Delaware corporation.

This User Agreement describes the terms on which ItemNation, Inc. (“ShopGab.com”, “we”, “us”), an Delaware corporation, offers you (“you” or “your”) access to our site (including all content and functionality available through ShopGab.com), and services provided by us. By visiting or using the services available on ShopGab.com (the “Site” or “ShopGab.com”) you are agreeing to the following terms without change (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Site.

Eligibility

Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of thirteen (13) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.

Use Of The Site

You agree that you will use the Site and our services only for lawful purposes and in a lawful manner. While using the Site and our services, you agree that you will not: • register under a false name or use an invalid or unauthorized email or physical address; • use another's account without permission; • use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site; • use an invalid or unauthorized payment method; • impersonate another user ; • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement; • violate any laws, third party rights, or our rights; • post false, inaccurate, misleading, defamatory, or libelous content (including personal information); • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off ShopGab.com or using it for purposes unrelated to ShopGab.com); • transfer your account and User ID to another party without our consent; • distribute or post spam, chain letters, or pyramid schemes; • distribute viruses or any other technologies that may harm us, or the interests or property of our users; • copy, modify, or distribute content from the Site and/or our copyrights and trademarks; or • harvest or otherwise collect information about users, including email addresses, without their consent.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site. ShopGab.com reserves the right to remove any content posted by any member or cancel any membership or user ID for any reason.

Reservation of Rights

We retain the right, but do not have an obligation, in our sole and absolute discretion, to prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccuracies, unlawful content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.

We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.

Legal Relationships And Obligations Of Parties

(a) Services Provided. The Site is an online social shopping site where users can collect a universal list of desired products and request advice and product recommendations from their friends. (“Services”). You acknowledge that all location information that you upload to the Site will be visible by third parties. Please use discretion when sharing information.

ShopGab.com allows members to post comments and reviews of other members. You agree that you will not post any false, misleading, defamatory, or libelous statements in the review of any other member. ShopGab.com reserves the right to remove any comment or review for any reason. (b) No Agency. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.

(c) Links To Third Party Content. You may find on the Site links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.

(d) User entries. You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, you affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Site and in this Agreement.

Warranty Disclaimer

You agree that your use of this site shall be at your sole risk. This site and the services provided by us are provided “as is,” as available, and without any warranties or conditions (express or implied, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the site by any third party. We cannot guarantee continuous or secure access to our services or that the site or services will meet your requirements. Operation of the site may be affected by factors outside of our control. To the fullest extent legally permitted, ShopGab.com, its officers, directors, employees and agents disclaim and exclude all implied warranties, terms and conditions, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or written, which you receive from us or through the use of our services shall create any warranty not expressly stated in this agreement.

Release of Liability

You will not hold ShopGab.com, its officers, directors, employees or agents responsible for other users’ actions or inactions, including their posts. We provide a venue to allow users to post location specific information. We have no control over and do not guarantee the quality, safety or legality of any information provided by any member or the truth or accuracy of member information.

If you have a dispute with another Member, you release ShopGab.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: “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.” You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.

You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.

Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed $100.00. Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

Indemnity

You agree to defend, hold harmless and indemnify ShopGab.com, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Site or Services, (b) your decision to submit personal information on the site and share personal information with others, (c) your breach of any provision of this Agreement, or (d) any negligent or intentional wrongdoing by any member. This defense and indemnification will survive this Agreement and your use of the Site.

Intellectual Property

(a) Content License and Access. When you submit content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Site, in any media known now or in the future.

You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on ShopGab.com in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.

(b) Reservation of Rights; Limited Licenses. We and our licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The ShopGab.com logo and name are trademarks of ShopGab.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on ShopGab.com may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Notices

Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we posts such communication on the Site. You must keep your email address updated, and you must regularly check the Site for postings. We may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.

Law and Forum for Disputes.

This Agreement is governed in all respects by the laws of the State of Delaware, without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against ShopGab.com must be resolved by the Delaware Court of Chancery. You hereby submit to the personal jurisdiction of the Delaware Court of Chancery for the purpose of litigating all such claims or disputes.

Termination

This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by us or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts. You bear all risk of loss of information and data.

General

You agree that the Site shall be deemed solely based in Delaware and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. We may amend this Agreement at any time and in our sole discretion by posting the revised terms on this site. Unless otherwise stated in such revision, the revised terms will take effect when they are posted. You are responsible for reviewing the notice and any changes. This Agreement may not be otherwise amended except in a writing signed by both you and us. Your continued use of the Site and our services following changes to the Agreement will constitute your acceptance of changes or modifications to this Agreement. If you do not agree to any changes to this Agreement, do not continue to use the Site or our services.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter of this Agreement.

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. ShopGab.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of ShopGab.com. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.

The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all policies and documents referenced in this Agreement comprise the entire agreement between you and us with respect to the use of this Site and our services and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any websites that link to or are linked from this Site.

Please use the below Privacy Policy:

ShopGab.com created this privacy policy to provide You information how we collect and use information, including personally identifiable information.

As part of the normal operation of our services we collect and, in some cases, may disclose information about You. By accepting this Privacy Policy and our Terms of Use, You expressly consent to our use and disclosure of Your personal information in the manner described in this Privacy Policy.

Information We Collect

We collect personal information that can identify You such as Your name, email address, and Facebook username, Twitter username, and Your username, and other information on other social media sites that you link with our site. We also collect other information that does not identify You. When You provide personal information through our website, the information will be sent to servers located in the United States and other countries around the world. We automatically receive your location when you use the Service. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community

Use of Your Information

We use information in the files and databases we maintain about You, and the other information we obtain from Your current and past activities on the Websites to: • Deliver the services and products that You have requested; • Manage Your account and provide You with customer support; • Enforce our terms and conditions; • Manage our business; • Perform functions as otherwise described to You at the time of collection

Accessing, Reviewing and Changing Your Profile

Following registration, You can review and change the information You submitted during registration. For example, if You change Your name or email address we will retain a record of Your old name and email address.

Upon Your notification, we will remove Your membership from our active databases as soon as reasonably possible in accordance with our policy and applicable law. We will retain in our files information You have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored backup systems.

Disclosure of Your Information

Due to the regulatory environment in which we operate, we cannot ensure that all of Your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse Your information that they collect from our Websites. Accordingly, although we use industry standard practices to protect Your privacy, we do not promise, and You should not expect, that Your personally identifiable information or private communications will always remain private. In certain circumstances we may share your information with third party partners to enable us to provide our services. As a matter of policy, we do not sell or rent any personally identifiable information about You to any third party. However, we reserve a right to post Your personally identifiable information (profile including photos) on one of our partners website to maximize effectiveness of our service.

Financial Information

Under some circumstances we may require certain additional information, including but not limited to Your credit card billing information. We use this financial information, including Your name, address, and other information to bill You for use of our Service. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Websites, You consent to our providing of Your financial information to our service providers and to such third parties as we determine necessary to support and process Your activities and transactions, as well as to Your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support Your transaction or activity. By purchasing, or registering for Any of these various third parties may be authorized to use Your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and You agree that we are not responsible or liable for any of their actions or omissions. Additionally, You agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that You submit to us.

Legal Requests

We cooperate with law enforcement agencies and other third parties to enforce laws, as well as investigate and prosecute unlawful activities such as frauds and scams. We can (and You authorize us to) disclose any information about You to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, scam or other activity that is illegal.

Your Use of other Members Information

Through regular use of ShopGab.com, as a member You might have access to another member’s contact or personally identifiable information. By accepting this Privacy Policy, You agree that You may not disclose another member’s personally identifiable information to any third party in any situation unless: 1) The terms of this Privacy Policy permit disclosure; 2) You have obtained permission from the other member; 3) You have obtained the permission of ShopGab.com; 4) Law enforcement agencies require disclosure to enforce a law, or otherwise require disclosure to investigate or prosecute unlawful activities such as frauds and scams.

• A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can take the form of session cookies or persistent cookies. A session cookie expires when You close Your browser and is used to make it easier for You to navigate our website. A persistent cookie remains on Your hard drive for specified period of time.

• Through the use of a cookie, we also may automatically collect information about Your online activity on our site, such as the web pages You visit, the links You click, and the searches You conduct on our site. When You sign in to Your account on our website, we will record Your member ID in the cookie file on Your computer. We also may record Your encrypted password in this cookie file, if You indicated that You would like Your password saved for automatic sign-in.

• You may delete or decline cookies by changing Your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If You do so, some of the features and services of our website may not function properly.

Information Others Collect

In order to improve the ShopGab.com site, We utilize web analytics software (“Software”) to collect information about use of ShopGab.com. This Software collects Users’ information such as visiting frequency, pages visited, and location. The Software also plants a permanent cookie on a user’s Web browser to identify that user as unique. The Software identifies a user solely by IP address, and does not identify a user by name or other personally identifiable information. We do not combine the information collected with other personally identifiable information. If You post information about Yourself or others, or communicate with others using our website, please note that we cannot control who reads Your postings or what they do with the information You provide. We encourage You to use caution in posting personal information.

Security

To safeguard the confidentiality of Your personally identifiable information, ShopGab.com utilizes sophisticated security techniques and procedures, including: daily security and vulnerability scans, software audits, firewalls, and data encryption (Secure Socket Layers). ShopGab.com treats data as an asset. We make every effort to protect that data against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others.

Note about Children

Children are not eligible to use our services, and we ask that persons under the age of 13 do not submit any personal information to us.

Modifications to Privacy Policy

The Privacy Policy is subject to change by Us at any time based on changes in the law or our need to accurately reflect our data collection and disclosure practices. Changes are effective upon posting on the ShopGab.com website.

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