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PriceGrabber Member Agreement
 

Last Modified April 17th, 2007

PriceGrabber.com Limited ("PriceGrabber") operates the PriceGrabber Internet shopping site and the Co-Branded Sites ("Site"). You may only use the Site pursuant to the PriceGrabber Terms of Use and Privacy Statement (http://uk.pricegrabber.com/info_disclaimer.php), and your use of the Site indicates your agreement with the terms therein.

You may also become a "Member" of the Site, which may grant you additional privileges, by completing the membership application form and checking the "Accept" boxes indicating your agreement to be legally bound by the terms and conditions contained in this PriceGrabber Member Agreement (the "Agreement").

MODIFICATION

PriceGrabber reserves the right to modify any and all terms and conditions contained in this Agreement. Such modifications shall be effective not sooner than fifteen (15) days of such modification. PriceGrabber will notify you of such modifications via http://uk.pricegrabber.com/info_memterm_update.php. In its sole discretion, PriceGrabber may also provide notification by other means such as email and post. You agree that it is solely your responsibility to routinely visit this web page for notices of modifications to the terms and conditions contained in this Agreement and how any such modifications may impact your use of the Site. Your continued use of the Site or any of the Services following PriceGrabber's posting of any changes or modifications to the terms of this Member Agreement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of the terms of this Member Agreement, you should not continue to use the Site or any of the Services

DEFINITIONS

  • "Account Maintenance Page" means the Web page on the Site that provides facilities for adding, editing or removing Member information and preferences in a Member Account.
  • "Co-Branded Sites" means co-branded versions of the PriceGrabber web site maintained by PriceGrabber or its subsidiaries or its affiliates for one or more of PriceGrabber's co-brand partners.
  • "Display Name" is the optional name that you may choose to reflect your activity as a Member to other Users of the Site. In case no Display Name is selected, your activity as a Member will be reflected under your User Name.
  • "Member" means any entity opening a Member Account for the purpose of using certain Services described herein.
  • "Member Account" means an account set up in accordance with this Agreement, which allows access to certain Member-only Services.
  • "Site" means the PriceGrabber web site, http://uk.pricegrabber.com, as well as all of the Co-Branded Sites hosted by PriceGrabber.
  • "Services" means the various services offered by PriceGrabber on the Site.
  • "User" means a person who accesses the Site.
  • "User Name" is the identifier established by you that will be displayed on the Site to reflect your activity as a Member and that you will use to access your Account Maintenance Page.

MEMBERSHIP

    You may have no more than one (1) Member Account at any one time. You may not open a new Member Account if you had obtained a Member Account in the past. PriceGrabber reserves the right to refuse service to any entity, and to cancel any Member Account(s) at its sole discretion. Your Member Account and User Name may not be transferred, sold to, or used by, another party.

    Once your Member Account is activated, you will have the option to select a Display Name. If you elect to have a Display Name, the Member level associated with your User Name will be the same. In the event that PriceGrabber determines, in its sole discretion, that the User Name or Display Name that you have chosen conflicts with PriceGrabber's policies or presents a risk to the security of your Member Account or to the privacy or security of other Members, we may contact you with instructions to change your Display Name or, alternatively, we may cancel your Member Account.

    You agree as a condition of use and membership that PriceGrabber may contact you for the purpose of informing you of changes to this Agreement or describing new PriceGrabber Services available on the Site.

    MEMBER ACCOUNT LEVELS

    PriceGrabber cares about the security and trust of the members using the different services offered on the Site. For security reasons, PriceGrabber has designed different account levels:

      Basic Member Account To create a Basic Member Account you need to choose an available User Name, password, and provide basic information about yourself.

      Confirmed Member Account To upgrade your account to a Confirmed Member Account you must follow our instructions to confirm your email address. Your account will be automatically upgraded once you successfully confirm your email address.

    Services

    As a Member, and subject to certain conditions, you may use the following Services:

    E-Mail Alerts http://www.pricegrabber.com/user_update.php
    Price Alerts http://www.pricegrabber.com/favorites.php/thelist=pa
    Product Reviews http://www.pricegrabber.com/rating_summary.php
    Merchant Reviews http://www.pricegrabber.com/rating_summary.php

E-MAIL ALERTS

    By activating (opting into) this Service you agree to receive e-mail alerts from PriceGrabber with notifications on special offers and prices identified by PriceGrabber editors. To take advantage of this Service you will only need a Basic Member Account or higher. You may activate and deactivate this Service from the Account Maintenance Page.

PRICE ALERTS

    If you have a Basic Member Account, you may activate this Service, and you may add products to your personal price alerts, which the Site will track for you and notify you when, and if, your target criteria are reached. If you activate this Service, you agree to receive announcements regarding the products listed in your personal price alerts. There are no additional requirements to use this Service other than having a Basic Member Account or higher.

PRODUCT REVIEWS

    If you have a Basic Member Account or higher, you may post reviews on the Site about products that you have actually purchased or used. 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 comments or reviews that you post on the Site. You may post no more than one review about a particular product on the Site in any thirty (30) day period. Any reviews that you post are subject to the conditions and restrictions described in the Content section of this Agreement.

MERCHANT REVIEWS

    You may post a Merchant Review to provide feedback about your experience with a particular Merchant. In order to post your feedback you agree to comply with the following:

    Conditions to Submit Merchant Reviews.

  • You must have a Confirmed Member Account or higher (as described in the Member Account Levels Policy available at http://www.pricegrabber.com/info_policies.php/policy=accounts).
  • You may post a Merchant Review only about a merchant from whom you have actually placed an order.
  • You may post no more than one review of a particular merchant on the Site in any thirty (30) day period.
  • You may only describe your experience with the merchant for which you are writing a review.
  • You should not review any Merchant on situations that are not controlled by the Merchant you are reviewing.
  • 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 Merchant Reviews that you post on the Site.
  • Any Merchant Review that you post on the Site is subject to the conditions and restrictions described in the Content section of this Agreement (see below).
  • PriceGrabber at its sole discretion may omit any Merchant Review that it suspects violates any requirements herein.
  • PriceGrabber reserves the right to remove your Merchant Review if you have been incentivized to in a promotion not acceptable to PriceGrabber.
  • By placing a Merchant Review you agree to be contacted by PriceGrabber to obtain more information about your experience with a particular Merchant. PriceGrabber may remove your Merchant Review if PriceGrabber is unable to obtain additional information from you.

    Some Merchants may be interested in contacting you in an effort to solve problems you may have experienced when placing an order. Since this may be beneficial to you, PriceGrabber will let the Merchant make limited attempts to contact you through PriceGrabber's web site. By placing a Merchant Review you agree to be contacted by the Merchant through PriceGrabber. The Merchant will only be able to send you an e-mail through PriceGrabber without having access to your e-mail account. At no point will PriceGrabber share with the Merchant your contact information unless you authorize PriceGrabber to share your personal information. It will be up to you to decide if you want to contact the Merchant back.

CONTENT

With respect to content that is posted on the Site by Members, you agree as follows:

In any of the Services available through your Member Account, you shall not post any information:

1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, anti-competition, anti-discrimination or false advertising);
4. that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, company or any other entity;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other web sites, addresses, email addresses, contact information or phone numbers;
7. or that contains any computer viruses, worms or other potentially damaging computer programs or files.

Ownership of Content and Grant of License. By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant PriceGrabber 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 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 PriceGrabber, its agents, parent company, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees.

PriceGrabber's Content Rights. PriceGrabber reserves the right to change, condense or delete any content on the Site that PriceGrabber deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

Advertising. PriceGrabber reserves the right, in its sole and absolute discretion, to place advertisements on any page on the Site. PriceGrabber shall not in any way be liable to any Member for the revenues attributable to any such advertisement.

Robots, Spiders and PriceGrabber Content. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display or distribute any content (except for information created by you) from the Site without the prior express written permission of PriceGrabber or the appropriate third party. 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. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on PriceGrabber's computer systems or communications infrastructure. 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 PriceGrabber's prior written consent. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to PriceGrabber by our users or third parties.

BREACH

    Without limiting other legal or equitable remedies that PriceGrabber may have, PriceGrabber may immediately issue a warning, disqualify you from any contest or promotion, temporarily or indefinitely suspend or terminate your Member Account and refuse to provide our Services to you: (a) if you breach this Agreement or the terms contained in the documents incorporated herein by reference; (b) if PriceGrabber believes, in its sole and absolute discretion, that your actions may cause legal liability for you, PriceGrabber's users, PriceGrabber, PriceGrabber's subsidiaries, PriceGrabber's affiliates, PriceGrabber's co-brand partners, or PriceGrabber's other partners; or (c) if PriceGrabber is unable to verify or authenticate any information you provide to PriceGrabber.

LEGAL COMPLIANCE

    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You agree that you are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity.

    You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.

TERMINATION

Either party may terminate the Agreement at any time. Upon termination or expiration of this Agreement for any reason, all obligations or liabilities of any Member under this Agreement and the PriceGrabber Terms of Use and Privacy Policy Statement shall survive to the maximum extent permissible under applicable laws, including without limitation: liability related to the use or misuse of PriceGrabber Content, PriceGrabber's limitation of liability, disclaimer of warranties, and your indemnification obligations as set forth in this Agreement and the PriceGrabber Terms of Use and Privacy Policy Statement. You authorize PriceGrabber to keep a record of any information related to your Member Account even in the event of termination.

To terminate your Member Account, you must access the following URL: http://uk.pricegrabber.com/user_terminate.php. Upon termination of your Member Account, if your Member Account or other privileges are terminated by PriceGrabber or by you, you may be considered for reinstatement, at PriceGrabber's sole discretion. PriceGrabber may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account Maintenance Page.

INCORPORATED POLICIES AND NOTICE

The PriceGrabber Terms of Use and Privacy Policy Statement (http://uk.pricegrabber.com/info_disclaimer.php) are incorporated into the terms of this Agreement by this reference (including, without limitation, your indemnification obligations, PriceGrabber's limitation of liability, and PriceGrabber's disclaimer of warranties. You agree that you have read the PriceGrabber Terms of Use and Privacy Policy Statement, understand the terms of such policies, and agree to be bound by the terms of such policies.

If there is a conflict between the terms of any of the policies listed above and the terms of this Agreement, the terms of this Agreement shall control.

ENTIRE AGREEMENT

    This Agreement and the PriceGrabber Terms of Use and Privacy Policy Statement sets forth the entire understanding and agreement between you and PriceGrabber with respect to the subject matter hereof.
Copyright © 2014 PriceGrabber.com Inc. All rights reserved.

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