ShopAndWatch.com Terms of Use

The ShopAndWatch.com Terms of Use applies to the Extension ("Extension"), which is built and maintained by ShopAndWatch.com ("We"). The Extension allows you to earn points by shopping online at ShopAndWatch.com’s partners websites and then use those points towards renting or buying a movie online. Our partners may compensate us for the shopping you do on their website. Use of the Extension is free of charge to you. Use of the Extension and its features as described below requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking the "Next", "Run", "Install" or "Yes" button provided.

1.1 Rights You Grant to ShopAndWatch.com.

By installing the Extension on your computer, you expressly authorize and request ShopAndWatch.com to:

a) to enable you to earn points or get discounts on the online shopping you do at our partners websites;

b) take actions ShopAndWatch.com deems appropriate to provide the Extension to you and to act on your behalf in obtaining information from partners and displaying that to you;

c) collect information in accordance with our privacy policy;

d) start the Extension automatically when you start your computer, and to appear as an extension in your browser. You may change how the Extension starts and appears using the respective application options;

1.2 Limitations on Your Use.

a) Personal Use. You agree to use the Extension (as well as any information provided or made available by or through the Extension) only for your own personal purposes and not for the benefit of any third party or for purposes of competing with ShopAndWatch.com in any way.

b) No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the Extension or rent, lease, transfer or otherwise transfer rights to the Extension (this also applies to information available from or through the Extension).

c) Legal Uses. You agree not to use the Extension in a manner prohibited by law or in violation of any contractual provision by which you are bound.

d) Interference. You agree not to use the Extension in a manner that could overburden or restrict the Extension's functions, or in any manner that could interfere with any other user's ability to use the Extension.

1.3 Intellectual Property.

You acknowledge that ShopAndWatch.com and its partners and affiliates own all rights, title and interest in the Extension, and services provided through or in conjunction with the Extension, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Extension. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Extension.

1.4 Disclaimers.

a) Although the Extension displays the search results, products or services (collectively “Entities”), such display in no way implies, suggests, or constitutes any sponsorship or approval of or by such Entities or their respective products or services. ShopAndWatch.com will have no liability for the actions or inactions of Entities or your use of their products or services. In any case, your use of the Extension, and your use of any merchants' products and/or services are at your own risk.

b) ShopAndWatch.com provides its services "as is" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. ShopAndWatch.com will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by ShopAndWatch.com. ShopAndWatch.com makes no representation or warranty that the operation of ShopAndWatch.com's site will be uninterrupted or error-free, and ShopAndWatch.com will not be liable for the consequences of any interruptions or errors. No advice or information from ShopAndWatch.com, whether oral or written, shall create any warranty not expressly stated in the Terms of Use.

1.5 Limitation of Liability.

Neither ShopAndWatch.com nor its partners will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if ShopAndWatch.com or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use ShopAndWatch.com services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the ShopAndWatch.com services.

1.6 General.

a) Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.

b) No Agency. Except for the limited purpose stated in the 'Limited Agency' Section, you and ShopAndWatch.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

c) Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of British Columbia, Canada law. The arbitration will be conducted in British Columbia, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ShopAndWatch.com may seek any interim or preliminary relief from a court of competent jurisdiction in British Columbia, Canada necessary to protect the rights or property of you or ShopAndWatch.com pending the completion of arbitration.

e) Governing Law. British Columbia, Canada will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be in British Columbia, Canada. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

f) Waivers. A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.

g) Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

h) Attorneys' Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

i) Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.

j) Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.

1.7 Miscellaneous.

a) We may terminate these Terms of Use immediately with respect to your use of the Extension, without cause and without notice to you. Upon termination, you must discontinue use of the Extension.

b) These Terms of Use along with any other notices or policies contain the understanding with respect to your use of the Extension, and shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.

c) These Terms of Use are subject to change, but you can review these Terms of Use any time by visiting this page.

d) The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, will survive such termination.

1.8 Termination.

You may terminate these Terms of Use by uninstalling the Extension from your computer and discontinuing your use of the software.

1.9 Questions or Comments.

If you have questions or comments, please send us an email to info@shopandwatch.com.