BestSales.com and its owners and shareholders (the "Company") grants you a non-exclusive right and license to access and use BestSales.com (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, descriptions, 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 copyright laws, 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 the Site. Any unauthorized use shall immediately terminate the licenses and rights granted and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.
The Company 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 the Company's control.
BestSales provides a number of different services to assist you in comparison shopping for products and services on the Site. BestSales 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.
The Company does not sell, resell or license any of the products listed on the Site, nor is the Company acting as an agent of sale, and the Copmany 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.
The Company does not warrant that product descriptions, pricing, editorial commentary or any other content of 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 the Company or the Site of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. The Company assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
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 the Copmany 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 the Copmay 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 the Company, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives.
The Company reserves the right to change, condense or delete any content on the Site that the Company 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 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 the Company (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 our 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 use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without the Company's prior written consent.
You may submit a merchant review on the Site to describe your shopping experiences with merchants.
- You may submit a merchant review only in good faith and about a merchant from whom you have actually purchased or attempted to purchase products, limited to where you have (i) completed the ordering process, (ii) exchanged payment data, and/or (iii) received an invoice number.
- You agree to submit the corresponding and legitimate invoice number or equivalent confirmation of order number/identifier when submitting the merchant review ("Invoice Number"). You acknowledge and agree that the Invoice Number will be made available by the Copmpany to the applicable merchant in conjunction with your review, and accordingly, the merchant may be able to contact you regarding your review or otherwise.
- You may only describe your experience with the merchant for which you are writing a merchant review. You should not review any merchant on situations that are not controlled by the merchant you are reviewing.
- You may submit no more than one merchant review of a particular merchant in any thirty (30) day period.
- Any merchant review that you submit is subject to the conditions and restrictions described in the CONTENT SUBMISSION section, above.
- You acknowledge and agree that the Company may, in its sole discretion, post only the first ten (10) merchant reviews it receives from users (which may not include your review) that are related, on a case by case basis and in whole or in part, to a product or service listing error by a merchant, such as, but not limited to, an error in the price of a product(s) or a service, the number of units of a product(s) available for a certain price, the shipping rates for product(s), or inventory levels.
By providing the Invoice Number, you acknowledge and agree that you may be contacted by the Company and/or the applicable merchant to which/whom the invoice relates. You acknowledge and agree that your review may not be displayed if the Invoice Number does not match the associated information in the Company's records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to the Company. This may result in the Company opening a user review inquiry. During the user review inquiry, the Company may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site.
OTHER BUSINESSES AND LINKS TO OTHER SITES
The Company may provide links to the sites of third-party merchants and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by the Company of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. The Company 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.
The Company has no control over the business practices of any third-party merchant or seller, nor does it controlin 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 THE COMPANY, ITS SUBSIDIARIES, AFFILIATES AND CO-BRAND PARTNERS, 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY 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, THE COMPANY 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. THE COMPANY 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 THE COMPANY'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY 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, THE COMPANY 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 THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY 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.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed, construed and enforced in accordance with the laws of Cyprus. Any judicial proceedings regarding the Services and this Agreement will be brought in the courts of Cyprus.
The Company disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). The Company's response to notices of alleged infringement regarding Third Party Content may include the Company removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity.
You must be at least 18 years old to use the Site. If you are under 18 years of age, you can use the services offered on the Site only in conjunction with your parents or guardians.
All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by the Company. The materials from the Site are only available for informational and non-commercial offline use.
ADDRESS FOR NOTICE
Notices to the Company can be sent to the following E-mail address: firstname.lastname@example.org