NewProductSpy User Terms and Conditions
Last Updated on Oct 1, 2018
By using NewProductSpy website: www.newproductspy.com (“Website”) we offer online (collectively, “Service”) you accept and agree to the following terms and conditions. If you do not agree with any of these terms and conditions, you must immediately cease all use of the Services.
These Terms and Conditions shall govern any use you make of the Service " and any dispute in connection therewith.
Our Website is a Business to Business service and offers a collection of public available product information offered on the internet. We do not imply any affiliation with Third Party Content or other websites or services.
WE DO NOT IMPLY ANY AFFILIATION WITH PRODUCT MANUFACTURERS, FACEBOOK, ALI EXPRESS, OR ANY OTHER THIRD PARTY. THE WEBSITE’S DESIGN, “LOOK AND FEEL”, GRAPHIC AND MULTIMEDIA ELEMENTS, AND THE STRUCTURE, SEQUENCE AND ORGANIZATION OF THE WEBSITE ARE SOLE PROPERTY OF THE OPERATOR. THE APPLICATION AND THE WEBSITE ALL TRADE NAMES AND TRADEMARKS BELONG TO THEIR RESPECTIVE OWNERS.
The Website and all Services provided in connection therewith are provided “AS-IS” and any and all warranties in connection therewith is hereby disclaimed to the maximum extent allowed under law. These Terms of Service apply to all users of the NewProductSpy Service.
By using the Application, you expressly acknowledge and agree that you are a business owner and Operator shall not be liable in any way whatsoever for any damages, claims or any other liability arising from or related to any act or omission by any third party, explicitly including any other user of the NewProductSpy Application, and the Operator's liability is explicitly disclaimed hereunder for any content delivered (or not delivered) for any reason or intent, via the Application.
Subject to your compliance with these Terms of Service, Operator hereby grants you an international, limited, personal, non-assignable license to use the Application.
All design, features, graphics, interfaces and multimedia elements, trademarks and service marks remain the sole intellectual property of the Operator (or their respective owner).
It is not allowed to use the information from this website for anything else than adding products to your E-commerce store. It is strictly forbidden to use the information for similar websites as NewProductSpy or other websites with the purpose to give product information to E-commerce stores.
Subscribers receive full access to the Website and Services. Subscriptions may be terminated at any time using the account page. Taking into account for up to 3 business days for processing. Services which may depend on third party services and may be suspended at any time.
5. Consulting Services
Consulting services May be provided for Subscribers or as an independent service. It is hereby clarified that Consulting services are provided on a “best effort” basis, and subject to availability. Consulting services are provided without any representations or warranties.
6. Your Obligations
6.1. Protection of Rights: You undertake to refrain for any action which may jeopardize any right of the Operator, explicitly including any breach of the license and/or breach of any acceptable use policy, and you shall explicitly refrain from any (a) intentional breach of any right, including any Intellectual Property Right of the Operator, by any unlawful or unauthorized copy, distribution, dissemination, or undue grant of access to the Application, or any action intended to facilitate the same in any way (such as automated access of any sort, reverse-engineering or any alteration or modification of the Application).
6.2. User’s Responsibility: You are and shall remain solely responsible for any and all use of the Application, including all messages and content that you submit or deliver using the Application, and hold NewProductSpy harmless from any claim of infringement of copyright or other intellectual rights, or the transmission of harmful or defamatory content of any sort.
6.3. Suspension of Service: Without derogating from any other provision of these Terms and Conditions, NewProductSpy is entitled to suspend the Service or any part thereof, at its sole discretion, from any user, without prior notice, including if suspicion of abuse or misuse of the Services, at NewProductSpy’s sole discretion, and you explicitly waive any claim with respect to the same.
7. User Submitted Content
7.1. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to your Submissions, including the right to grant NewProductSpy permission are provided under these Terms and Conditions.
7.2. Submissions may include specific information, media files, personal information, contacts and other data, including location-based information.
7.3. NewProductSpy shall in no event be responsible or liable under any legal doctrine with respect to reliance or results of any aspect of the Service.
7.4. You retain your ownership rights in your Submissions.
8. Removal Requests; Takedown Notice
8.1. We immediately remove allegedly infringing Submissions and User Submitted Content following a proper takedown notice, corresponding with US Digital Millennium Copyright Act (DMCA) to avoid copyright infringement.
8.2. Any communication disallowed under these Terms and Conditions, and any threatening, tortuous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or infringes or may reasonably considered infringing of third party rights, is disallowed.
8.3. NewProductSpy may remove any content if properly notified that such content or Submission infringes on another's rights (including intellectual property rights).
8.4. To file a copyright infringement notification, send a written notice (“Takedown Notice”) that includes the following: (i) Contact details and physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed rights; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material 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 the service provider to locate the material; (iv) a statement that the complaining party has 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 (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaint is justified. Such takedown notices can be send using the contact from.
NewProductSpy reserves the right to remove content and Submissions without prior notice, and may remove them permanently even if the dispute between the infringing and complaining party has been resolved.
9. Warranty Disclaimer
YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWPRODUCTSPY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
NEWPRODUCTSPY EXPLICITLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR DEMANDS WHICH MAY ARISE, UNDER ANY LAW, CONTRACT AND/OR LEGAL DOCTRINE, IN CONNECTION OR WITH RESPECT TO ANY ASPECT OF THE SERVICE AND/OR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY SORT.
10. Limitation of Liability
WITHOUT DEROGATING OF ANY DISCLAIMED LIABILITY, TO THE MAXIMUM EXTENT PERMITABLE BY LAW, IT IS HEREBY AGREED THAT NEWPRODUCTSPY’S LIABILITY SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE GROSS TOTAL AGGREGATE AMOUNT OF PAYMENTS ACTUALLY PAID AND RECEIVED BY NEWPRODUCTSPY FROM THE USER.
11. Suspension of Service
NewProductSpy reserves the right to discontinue the Service or any aspect or feature of the Service, at any time, temporarily or permanently, including for maintenance, service and upgrade purposes.
The Service is controlled and offered by the Operator from its facilities as may be from time to time. NewProductSpy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the NewProductSpy Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold the Operator harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your Submissions and any other aspect of your use (or abuse) and access of the Service; or any violation of these Terms and Conditions; or any third party claim with respect to the same.
13. Ability to Accept Terms of Service
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the user. The Operator may assign any of the foregoing and any right or obligation hereunder, without restriction.
15. No waiver
Operator's failure to assert any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy.
16. Changes and updates to these terms and Conditions and Privacy Notice
17. Severability and Mandatory Law
These Terms and Conditions are severable and shall remain binding, but remain subject to any and all applicable mandatory legislation.