SHOPIKON - Discover independent shopping

Shopikon Terms of Use

Welcome to the Shopikon Site (“Site”). Shopikon operates this Site, the mobile and touch versions and any individual sites sites we have now or in the future. By visiting our Site, you are identified as the “User” and must accept our Terms of Use (“Agreement”) without modification, alteration or exception. What does this mean? “Terms of Use” are important legal disclosures and should be read carefully.

Acceptance of Terms of Use

By using or accessing any part of the Site or service, you agree to all of the terms and conditions contained herein. If, after reading the Agreement, you decide that you do not agree with all the terms and conditions contained herein, immediately stop accessing the Site and using Shopikon services. We value your trust and loyalty and for that reason we need to ensure that the Site is used properly. If you have any questions about the Agreement, please email us at contact@shopikon.com.

Modification or Replacement of Terms

Shopikon reserves the right, at its sole discretion, to modify or replace any of the terms or conditions in this Agreement at anytime, without notice to Users. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Site following the posting of any changes to the Agreement constitutes acceptance of those changes. User may not modify, alter, or replace any of the terms or conditions contained in this Agreement.

Accessing Site

This Site provides an interactive shopping service operated by Shopikon. The services provided by Shopikon and this Site are solely for the User’s own personal use. Shopikon by change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content on the Site. Shopikon may also impose limits on certain features and services or restrict User’s access to parts or all of the Site and services without notice or liability. Shopikon reserves the right, at its discretion, to modify this Agreement at any time by posting on notice on the Site, or by sending User a notice via electronic mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. User of the Site by User following such notification constitutes User’s acceptance of the terms and conditions as modified.

As a condition of the use of this Site, User agrees and certifies that:

• User is an individual at least 18 years of age;
• User possesses authority to create a binding legal obligation;
• User has the legal authority and permission to use and access this Site;
• User’s use of this Site will at all times comply with the terms of this Agreement
• If User elects to create an account with Shopikon:
• User may create only one account;
• User may only create account for personal use;
• User may only make legitimate purchases on this Site;
• User may only make purchases on the Site for User’s personal use and enjoyment, or, as a gift for another (unless prohibited by the Site or by State law);
• User must safeguard his/her password and supervise the use of his/her personal account; and
• User is responsible for the use of his/her account by User or by anyone authorized by User to access the account;
• User agrees that if he/she elects to submit personal information to the Site, User shall provide only information about User, and not anyone else; and
• User agrees that if he/she elects to submit personal information to the Site, that all such information is accurate, truthful, current and complete.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and/or access the Site, including, but not limited to, modems, hardware, software, and long distance or local telephone service or Internet service. User shall be responsible for ensuring such equipment or ancillary services are compatible with this Site.

User further agrees that this Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Ownership of Site

User acknowledges and agrees that all the content and information on this Site as well as the infrastructure used to provide both is proprietary to Shopikon or Shopikon’s merchants and partners. User agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell any information, software, products or services obtained from or through the Site.

Availability of Site

User acknowledges and understands that there may be interruptions in service or events that are not under the control of Shopikon. Shopikon makes reasonable efforts to ensure accessibility of the Site, however the Site may still become unavailable from time to time for any number of reasons, including, but not limited to, site maintenance and/or natural disasters. User understands and agrees that due to circumstances both under the control of and/or outside the control of Shopikon, the Site access may be hindered, suspended, interrupted or terminated. Shopikon retains the right at our sole discretion to deny service and/or access to or use of the Site to any User or account, at any time without notification or reason.

User Conduct on Site

This Site is the private and proprietary property of Shopikon. All interactions on this Site must be lawful and fully comply with this Agreement. If User conduct, as deemed by sole discretion of Shopikon, restricts or inhibits any other user from utilizing any part of this Site, Shopikon reserves the right to limit User’s privileges to use the Site. Further, Shopikon reserves the right to seek other remedies, including but not limited to, legal remedies for improper use of the Site or the Shopikon name.

Restrictions on Use of Site

User shall not make any statements or submissions through or otherwise in connection with Shopikon or this Site that are false, inaccurate, libelous, defamatory, slanderous, or otherwise in violation of any law or right of any third party. Additionally, User shall not engage in any of the following activities on Site:

• Submitting any purposely inaccurate or false information, committing fraud or falsifying information in connect with User’s accounts in order to create multiple accounts on the Site or to create accounts under other individuals’ names without authorization;
• Attempting to access data not intended for User, such as logging into a server or an account which does not belong to User or for which User does not have valid authorization from owner of the account;
• Actually accessing data not intended for User, such as logging into a server or an account which does not belong to User or for which User does not have valid authorization from owner of the account;
• Tampering with or interfering with the proper functioning of any part of the Site, including, but not limited to, page content, availability, and/or accessibility;
• Tampering with or interfering with, or attempting to tamper and/or interfere with, the service to any users of the Site in any manner, including, but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing the Site;
• Use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Shopikon reserves the right to bar any such activity and take additional action against User;
• Attempting to, or actually succeeding to, scan or test the security and/or configuration of the Site or to breach security or authentication measures without proper authorization(s);
• Using the Site or any content contained therein to advertise or solicit without proper authorization(s);
• Using the Site or any content contained therein for any other commercial, political, or religious purpose, or to compete, directly or indirectly with Shopikon.
• Attempt to or succeed in gaining unauthorized access to any portion of the Site, or any systems or networks connected to the Site or to any Shopikon server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or unlawful means, or means that violate this Agreement;
• Using this Site to solicit End Users of Shopikon or the Site, Merchants and/or Sponsors/Advertisers of Shopikon or the Site, and/or business partners of Shopikon to directly or indirectly compete or in a manner potentially competitive with Shopikon, including, but not limited to, online shopping platforms;
• Probe, scan or test vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
• Attempt to or succeed in reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customers of Shopikon, including Shopikon accounts not owned by User, to its source, or exploit the Site or any information made available on the Site in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than User’s own information as provided to Site by User;
• Using End User or Merchant information from Site for any commercial purpose, including but limited to, poaching business, marketing, and/or partnerships;
• Purposely taking actions that place excessive demand on the Site or imposes/may impose an unreasonable or disproportionately large load on Shopikon servers or infrastructure, or any servers and/or infrastructures connected to Shopikon;
• Use any device, software or routine to interfere with or attempt to interfere with the proper functioning of the Site or any transaction being conducted on the Site, or with any other person’s use of this Site;
• Forge or attempt to forge or otherwise manipulate identifiers in order to disguise the origin of any message or transmission User sends to Shopkon on or through the Site. User shall not, in connection with the Site, impersonate any other individual or entity;
• Use the Site or content of site for any purpose that is unlawful or prohibited by this Agreement, or which infringes upon the rights of Shopikon or others; and
• Act illegally, purposely and/or maliciously against the business interests or reputation of Shopikon, Shopikon business partners, Shopikon services, Shopikon users, and any other entities or individuals linked to or working with Shopikon.

Information Transmission

Shopikon does not maintain control over the security of the networks used by User(s) to access the Site or to communicate with Shopikon. Shopikon also does not have or maintain control over the security of the Internet. Therefore, Shopikon is not, and shall not be, responsible for the security of information communicated by User with Shopikon or the Site while in transmission and/or for data lost during transmission.

Copyrights and Trademarks

Everything on the Site is the exclusive property of Shopikon or is being used with the proper permission(s) and authorization(s). Any “deep linking,” copying, distributing, transmitting, posting, linking or otherwise modifying this Site or associated microsites and/or networks without the express written authorization of Shopikon is prohibited. Any violation of this requirement may result in legal action including, but not limited to, a violation of trademark, copyright or other intellectual property. Such violations may be subject to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Shopikon is a trademark of HIPTIQ LLC. It, together with any other trademarks that are located within or on the Site otherwise owned or operated in conjunction with HIPTIQ LLC shall not be deemed to be in the public domain but rather the exclusive property of HIPTIQ LLC, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of HIPTIQ LLC unless otherwise stated.Shopikon is a trademark of HIPTIQ LLC. It, together with any other trademarks that are located within or on the Site otherwise owned or operated in conjunction with HIPTIQ LLC shall not be deemed to be in the public domain but rather the exclusive property of HIPTIQ LLC, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of HIPTIQ LLC unless otherwise stated.

By submitting material to any public area of this Site, User warranties that the owner of such material has given express permission to Shopikon for royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, replicate, such material in whole and/or in part in and outside the United States and/or to incorporate such material in any other form, media or technology associated with Shopikon that is known or unknown or hereafter developed by Shopikon or its affiliates, for the full term of the copyright that may exist in such material. User further grants Shopikon the right to edit, copy, publish and distribute any such materials made available on this Site.

Third Party Sites

This Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under the control of Shopikon and User understands and agrees that Shopikon is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such website link does not imply endorsement by Shopikon. User further agrees and understands that Shopikon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or in reliance on any content, goods, information, or services available on or through any such websites or resources.

Copyright Policy and Digital Millennium Copyright Act (DMCAA)

Shopikon reserves the right to terminate its Agreement with User(s) at any time if such User(s) infringe third-party copyrights.

If person(s) believe that any material on Shopikon’s Site is in violation of a copyright, please provide Shopikon with the following information: (1) an electronic or physical signature of the person(s) to whom the copyrighted work belongs to, or person(s) authorized to act on behalf of the copyright holder; (2) an identification of the copyrighted work and location of such work on the Site; (3) written statement of good faith belief that such works are copyrighted and the use is not authorized by owner, agent or the law; (4) complainant’s name, contact information (including name, telephone number, email address and address); and (5) a good faith statement, sworn under penalty of perjury regarding this claim. Please submit all required information to Shopikon.

Indemnification

User is responsible for all of his/her activity in connection with this Site. User shall defend, indemnify, and hold harmless Shopikon, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers, and/or representatives from all liabilities, claims, and expenses, including, but not limited to, reasonable attorneys’ fees that arise from User’s (1)use or misuse of the Site; (2) access to any part of the Site; or (3) violation of this Agreement. The foregoing indemnity obligation also applies to claims by third parties (e.g. businesses) regarding libel, slander, false accusations, and other related matters, made by User through use of this Site. In no event shall Shopikon’s liability in connection with items purchased through the Site exceed the amounts paid for such items by User, and total aggregate liability arising out of or related to this Agreement shall not exceed amounts paid by User during the six months preceding the initiation of an action or claim, or two hundred dollars ($200.00 USD), whichever is less.

Disclaimer of Warranty

THIS SITE (INCLUDING AND WITHOUT LIMITATION THIS SITE AND ANY RELATED SOFTWARE) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHOPIKON MAKES NO WARRANT THAT (1) THE SERVICE IS FREE OF VIRUSES, COOKIES OR OTHER HARMFUL COMPONENTS, OR (2) THE RESULTS OF USING THIS SITE WILL MEET USER’S REQUIREMENTS. USER UNDERSTANDS AND AGREES THAT SHOPIKON IS NOT RESPONSIBLE FOR ANY USER CONTENT OR OF THE AFFECTS OF SUCH CONTENT ON USER. USER’S USE OF THIS SITE AND ITS SERVICES IS SOLELY AT USER’S DISCRETION AND AT USER’S SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT BE APPLIED TO SUCH USERS INSOFAR AS THEY THEY RELATE TO IMPLIED WARRANTIES.

Limitation of Liability

IN NO EVENT SHALL SHOPIKON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE): (1) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (2) FOR ANY STATEMENTS, ALLEGATIONS OR THE LIKE MADE BY ANY OTHER USER THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE, (3) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (4) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (5) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED DOLLARS ($200.00 USD). IN ADDITION, SHOPIKON SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Fees and Payments

Some features of the Site may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such for-fee services purchased by User. Shopikon reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site.

Export and Trade Controls

User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Site or any information provided on or pursuant to the Site except in full compliance with all United States, foreign and other applicable laws and regulations.

Electronic Communications

When User visits the Site or send emails to Shopikon User is communicating with Shopikon electronically. User hereby consents to receive communications from Shopikon electronically. Shopikon may, at its sole discretion, communicate with User by email or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Shopikon provides to User electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Shopikon hall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Shopikon’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by User except with Shopikon’s prior written consent. Shopikon may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in New York, New York. Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the American Arbitration Association (AAA). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with AAA, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New York, New York using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Shopikon in any respect whatsoever.

Impressum Information

Hiptiq GmbH
Praterstrasse 62-64
1020 Vienna, Austria
Contact@shopikon.com
FN 351696a
UID: ATU65981547

Shopikon “Capture the Spirit of Paris” Instagram Contest

Terms and Conditions

1. Eligibility

The “Capture the Spirit of Paris” Instagram Contest is not restricted to residents of the United States and is open to all locations. Employees of Shopikon are not eligible.

2. Agreement to Official Rules

Participation in the contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

3. Contest Period

The contest begins on October 22^nd, 2012 at 1am EDT (GMT -4 hours) and ends on November 8^th, 2012, at 9pm ET (GMT -5 hours). Submissions will be accepted for the duration of the contest.

4. How to Enter

In order to take part, entrants should have an Instagram account with a public profile and agree to the terms established by the Instagram network www.instagram.com/legal/terms. All entrants agree that Shopikon may use their submitted image for promotional use of the contest.

Submission guidelines:

• Follow the Instagram account @shopikon

• Take a photo that they feel captures the spirit of Paris.

• Tag the photo with both #shopikon and #paris

• Upload the photo to the Instagram network under his/her own username.

• There is no limit to the number of photos each entrant may submit.

Content Restrictions:

• Photos were taken by the entrant and are their own original work.

• Photos should not feature any obscene, sexually explicit, violent, offensive, incendiary or defamatory content or material.

• The necessary permission obtained from any individuals who may appear in the photo.

• Shopikon has the right to reject any photos and messages that do not comply with the above conditions, that may harm the image of Shopikon, or that discriminate on grounds of race, sex, religion, opinion or any other personal or social condition or circumstance.

For all Submissions:

Uploading a Submission constitutes entrant’s consent to give Shopikon a royalty free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish create derivative works from, and display such submissions and to incorporate it into works, in any form, media or technology now known of later developed, including any promotional or marketing purposes.

6. Winner Determination

Following the Contest Period, Shopikon will select the three highest scoring submissions deemed to be the three winners based on the following criteria:

• Creativity/Originalty (33%)

• Quality of Submission (33%)

• Submission is successful in capturing the spirit of Paris (34%)

In the event of a tie, Shopikon , in its sole discretion, will determine the winner. The three winners will be notified by email around November 13^th, 2012.

7. Prizes

The three winners will have the option to choose one of three different prizes. Shopikon reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason.

8. General Conditions

Shopikon reserves the right to cancel, suspend and/or modify he contest, or any part of it, if any fraud, technical failures or any other factor beyond Shopikon’s reasonable control impairs the integrity or proper functioning of the contest, as determined by Shopikon in its sole discretion.

9. Limitations of Liabilty

Shopikon is not responsible for: (1) any incorrect or inaccurate information, whether caused by the entrant or by any of the equipment or programming associated with the contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the contest; (4) technical or human error which may occur in the administration of the contest or the processing of entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the contest or receipt or use or misuse of any prize. Shopikon is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost of unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof.