1. About Shopping Links
Thank you for using the Shopping Links website, www.shoppinglinks.com (Website). The Website is operated by Shopping Links Pty Ltd ABN 93 168 584 754 (referred to in these terms as Shopping Links, we, us or our).
We connect creators and brands from all over the world based on their style, preferences and target audiences. This connection allows creators and brands to collaborate together and to expand their reach and followers.
We group those accessing our Website and services into the following categories:
- Brands – purchase images for commercial use and post Collaborations for Creators to engage with.
- Creators – post content on our Website and apply to Brand collaborations. They include bloggers, creators, models and photographers.
- Agencies/Affiliates – conduct promotions and engage with us directly.
- Members – any Brand, Creator or Agency/Affiliate with a member account.
- Users – anyone who browses the Website without a member account.
Members will be able to collaborate with each other to create and post various content, including photographs, images, illustrations, videos and links (Content).
2. Accepting these Terms
These terms and conditions apply to all services we provide. By accessing or using any part of the Website or our services, you agree to be bound by these terms and conditions, together with any additional policies, notices and disclaimers (referred to collectively as the Terms). The Terms apply to both Members and Users.
If we want, we can make changes to the Website and the Terms at any time without notice to you. The changes apply as soon as they are published on our Website. By continuing to access or use the Website after these changes, you agree to the Terms as amended. If you do not agree to the amended Terms, you must stop using the Website and our services immediately. We encourage you to review the Terms periodically to ensure you are aware of our most current Terms.
By accepting these, you warrant and represent that you are over 18 years of age or that you otherwise have the capacity to enter into legally binding agreements. We may request verification of our Members’ identities. If you are under 18 years old, we will require the consent of a parent or guardian. You also warrant that any Content you provide to us has not previously and will not in the future be made available under a Creative Commons or similar licence, and that you have the right to grant the licences referred to in these Terms.
You accept that Shopping Links does not and cannot review all Content uploaded to our site and is not responsible for the Content. Our review of Content does not limit the User’s responsibility for the Content.
If a User finds there is Content available for purchase that breaches these terms, the user may file a complaint by contacting firstname.lastname@example.org. In the event of such complaint, we reserve the right to remove the Content from the site and/or suspend activity in the user account who loaded the content in question.
3. Opening an Account
To fully access our Website’s facilities and our services, you must first open a member account with us via the “Sign-Up” function on the Website. Opening an account is free, but you may have to pay a fee for the use of some of our Website’s facilities. For example, Brands must pay a listing fee each time they create a Collaboration.
4. Cancelling your Account
You may cancel your account with us at any time by sending an email to email@example.com requesting your account to be discontinued. We will process the request after verifying your identity.
We may also terminate your account at any time for any reason. Except as otherwise provided, these terms continue to apply to all Content available on our website.
5. Your Use of the Website
You are solely responsible for the details you submit to us and for the content you make public on the Website, as well as for the substance of your communications with other Members, Users and third-parties made with your member account.
- You are not permitted to use or access the Website for the purpose of breaching security of someone else’s member account, and must not interfere with the use and enjoyment of the Website by other Members or Users. You must not attempt to gain unauthorised access to our network or servers.
- You must not use methods of data collection or extraction to collect, gather or copy any content or data on the Website other than with our written permission. You must not utilise any trademarks, logos or other proprietary information belonging to us or our affiliates without our written permission.
- Your uploads and communications must not contain or constitute unauthorised or unsolicited advertising, junk or bulk mail, chain letters or any other form of unauthorised solicitation (Spam).
- If you display any graphics in your communications, you must ensure that you are legally entitled to do so.
If you breach any of the above terms, we may, at our sole discretion, suspend your access to the Website without notice. In some circumstances, you may even incur criminal or civil liability.
We also reserve the right to retain listing fees and/or to delete any Collaborations or other Content we deem to be offensive, or to contain obscene and/or illegal Content. This discretion extends to any conduct by a Brand or a Creator that is threatening, abusive, defamatory, harassing, deceptive, fraudulent, tortious, or otherwise violates our rules or policies.
You acknowledge that all Content provided on the Website is without any representation, warranty or condition of any kind, either express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.
By uploading, posting or otherwise making available any Content on the Website (whether as part of a Collaboration or not), you warrant that the Content belongs solely to you and that:
- you are the sole creator and sole legal and beneficial owner of the copyright in the Content;
- if any moral rights (as defined in the Copyright Act 1968) subsist in the Content, you have entered into an agreement with the relevant third-parties:
- under which you became the exclusive owner of any copyright interest in the Content; and
- under which the relevant third-parties consented to you and your assignees, successors in title and any person you authorise to carry out any activity, including any acts or omissions to act, in respect of the Content, the performance or non-performance of which would otherwise infringe the moral rights of the author, as well as use the author’s name, likeness and biography for the purposes of advertising, promoting and publicising of the exploitation of the Content.
- you unconditionally waive any moral rights (as defined in the Copyright Act 1968) which you may have in the Content;
- you have not stolen or copied the Content from any third party (including downloading the Content from another Member, blog or other website. We strictly prohibit stolen Content and if we suspect any Content has been stolen, we reserve the right to delete the Content and the account of any User we suspect has uploaded stolen Content. We may also take legal action against the User;
- you have received all necessary consents from any other people or entities who may have been included in any of the Content. This may include but is not limited to location, branding, people (including models) and photographer;
- you acknowledge that we have the right to demand evidence that you have obtained all necessary consents referred to above and that you must provide this evidence to us on demand;
- you have not previously made the Content available under a Creative Commons or similar licence, and have the right to grant the licences referred to in these Terms;
- the Content does not infringe any copyright, moral right or other intellectual property right belonging to another party;
- you have not made any misrepresentations to us or any of our Members we provide the Content to;
- the Content is free from defects, viruses or malware in any form.
- you acknowledge that if you breach any of the Terms, we can immediately remove any Content that is not legally yours, stop any payments to you and take legal action against you.
As a Creator, you can upload Content either as part of a Collaboration or directly to our gallery.
- If you upload Content as part of a Collaboration, you grant the sponsoring Brand a 3 month exclusive digital licence and an ongoing perpetual royalty free license to use the Content from the relevant Collaboration. This licence covers only digital use by the Brand. You warrant that you have not previously made the Content available under a Creative Commons or similar licence, and have the right to grant the licences referred to in these Terms.
- After the expiry of this exclusive 3 month licence, you grant Shopping Links and its affiliates an ongoing exclusive, royalty-free, transferable worldwide licence to reproduce, copy or otherwise use the Content for as long as the Content is made available on Shopping Links and subject to the deletion or withdrawal of any Content pursuant to these Terms. During this time you may use and make the Content available on any personally-owned social media channels and websites.
- If you upload Content directly to the gallery, you grant us an exclusive worldwide, royalty-free and transferrable licence (including the right to sub-license) to use, reproduce, distribute, display and sell the Content. We may also grant Brands or our affiliates the right to sub-license the Content for as long as the Content is made available on Shopping Links’ website and pursuant to these terms.
If you upload any Content, regardless of whether it is part of a Collaboration or not:
- At all times you may use the Content on any personally-owned social media channels and websites, provided that you do not make it available under a Creative Commons or similar licence;
- you assign absolutely to us the entire copyright throughout the world and all other rights of a like nature, whether vested, contingent or future, in the Content including all renewals and extensions of copyright; and
- you assign absolutely to us any and all rights of action and remedies (whether arising at common law or under any statute) in relation to the Content available to the Creator at the date of upload.
- You acknowledge and accept that we retain the right to review all Content uploaded, and to remove any Content, at any time, we deem, at our own discretion not be in accordance with our terms. We further retain the right to remove any Content, at our own discretion, that does not meet the quality requirements or demand from Brands.
- You acknowledge and accept that we reserve the exclusive right to categorise and tag your Content at our own discretion.
- You accept that we hold the exclusive rights to determine what Content will and will not be made available for purchase on the Shopping Links website.
- You accept that Shopping Links is not liable for any disruptions or misrepresentations of the Content you upload.
Creators and Brands or their agents and affiliates are able to enter into arrangements for the creation of specific Content. These arrangements are known as Collaborations.
Collaborations are initially posted by Brands, which are then connected with Creators via our matching system which is based on a series of categories and preferences. Collaborations can be either private or public.
Before entering into a Collaboration with a Brand or Creator, you should review that Brand or Creator’s respective terms and conditions applying to a potential transaction or deal. You should also exercise caution when meeting with another Member or entering into a Collaboration with another Member for the first time.
Brands and Agencies/Affiliates must not attempt to contact Creators or negotiate opportunities or payment outside of a Collaboration if the parties were first introduced via the Website. Similarly, Creators must not solicit additional work from a Brand or Agency/Affiliate outside of an active Collaboration on the Website. Any breach of these obligations may result in the relevant Members being removed from the Website.
If a commission is being offered by the Brand to the Creator as a type of benefit, the Creator agrees to use only affiliate links that are generated via the Website in all promotions for that Collaboration. This applies to all forms of promotion across digital assets including websites and social media. If the Creator chooses to promote any gifted items beyond the requirements of the Collaboration, they agree to continue to use the Shopping Links affiliate links for all promotion of items that were gifted or supplied as part of the Collaboration.
We make no representations that a Creator’s Content will be used by a Brand, and are not liable for any misrepresentation made by a Creator when they provide Content to a Brand, either as part of a Collaboration or through the gallery.
8. Product Seeding
Brands or their Agents/Affiliates will be able to engage with Creators in a product gifting collaboration through the Shopping Links website and platform.
Brands and their Agents/Affiliates will be required to detail the type and quantity of the gift or experience to be provided in return for a single Instagram image on the Creator’s Instagram account.
Creators who accept this collaboration opportunity will be required to post an image on their Instagram account within 30 days of receiving the gifted product or experience. The image must include the gifted product or experience with a tag of the required Instagram account in the image shared as per the collaboration requirements.
Creators who meet the requirements of the gifting collaboration will be able to apply for the opportunity but there is no guarantee the Creator will be selected for the opportunity or gifted the product.
Creators who apply and are accepted into the collaboration are required to provide their contact details to enable the Brand to provide the gifted product or experience.
If a Creator who has been appointed by the Brand to the gifted collaboration, has confirmed receipt of the product or service and fails to post an image on their Instagram account within three months of receiving the product or service, Shopping Links will provide the Brand with a credit to select an alternative Creator to promote the gifted product or service
Shopping Links will not be responsible for the return or cost of any gifted products or services that do not result in promotion for the Brand.
Brands are responsible for all taxes and duties payable as a result of gifting and shipping product.
9. Deletion and Withdrawal of Content
Creators who are promoting a brand via a paid Collaboration or Product Seeding opportunity are not permitted to delete the Content on their social media account or remove the tags required for a period of three months from the date of posting. Failure to comply with this requirement may result in the relevant Brand contacting the Creator and requesting the reinstatement of the Content or tags for a further three months.
If an image is deleted from the gallery, whether by you or Shopping Links, any licenses existing will remain and Shopping Links will still be able to grant licenses for the content for a period of two (2) years following deletion.
Shopping Links will be able to continue any negotiation on deleted content with a customer or third party provided the negotiation is within two (2) years of the content being deleted.
You agree not to delete or revise any Content posted by any third party on our website.
No copies of Content will be returned to members after deletion. You are solely responsible for creating backup copies of and replacing any Content you post or store on the website at your sole cost and expense.
Shopping Links may discontinue licensing Content at any time and for any reason. On notice from Shopping Links that Content has been deleted or withdrawn from the gallery, you, your clients and employer may be required to immediately and at your own expense cease using the Content, delete or destroy any copies.
Shopping Links may terminate this agreement at any time if you breach any of these terms. In the event of termination, you must immediately cease using the Content, delete or destroy any copies; and if requested, confirm to Shopping Links in writing that you have complied with these requirements.
If you have used the Content on a social media platform or other third party supplied website and that website or platform advises that it uses or plans to use the Content for its own purpose or in a way that is contrary to this agreement, the rights granted shall immediately terminate and you agree to remove any Content from that platform or website.
10. Content Licences and Prohibited Uses
Subject to the completion of a Content transaction on Shopping Links, including the successful payment and in accordance with these terms, the Creator grants the Brand, Affiliate or Agency a non-exclusive, perpetual, worldwide and fully paid right of use to the Content for any purpose, including the right to modify, reproduce, publish and display the Content and create derivative works thereof, in any manner.
Brands may purchase images available from our gallery on terms agreed between each Brand and us. Any images purchased by a Brand must not mention the Creator, or suggest in any way that there is a relationship or association between the Brand and the Creator. Shopping Links is not liable for any Brand misrepresentation of a Creator or their Content.
We make no representations that a Creator’s Content will be used by a Brand, and are not liable for any misrepresentation made by a Creator when they provide Content to a Brand, either as part of a Collaboration or through the gallery.
Brands, Agencies or Affiliates who purchase Content via the gallery must not use the Content in any way that is prohibited according to the below:
- use in any breach of applicable law (including without limitation incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence) or in any way that may be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves infringement of a private individual’s personal sphere, including without limitation, use of content for dating, pornographic or other sexual purposes, or any use that Shopping Links considers, in its own discretion, harms or maybe harmful to Shopping Links and our brand reputation or that of our members.
- any use that constitutes infringement of a third party trademark or copyright or other intellectual property right or constitutes violation of relevant personal data protection regulations;
- any resale or sub-licensing;
- any use of the Content in a way that allows others to download, extract or redistribute Content as a file;
- any use of the Content in connection with customised or “made to order” products including, but not limited to clothing, cards and stationary, accessories or digital creative works and templates such as screen savers, website templates, greeting card templates etc.;
- any inclusion in trademark or logo creation.
Any purchase of Content shall not constitute or be construed as a transfer of ownership of the Creator’s intellectual property rights or other proprietary rights in and to the Content. The Brand, Agency or Affiliate shall not be entitled to state or otherwise indicate that they hold the copyright to the content but may state that they use the Content under licence.
On purchase of Content from the Shopping Links marketplace, the Creator grants the Brand, Agency or Affiliate a non-exclusive right of use to such content, unless otherwise agreed in writing as part of a Collaboration. The purchasing Brand, Agency or Affiliate will not acquire any exclusive rights to any content purchased through the Shopping Links marketplace. In the case a Brand, Agency or Affiliate is interested in acquiring exclusive rights to Content, they may contact Shopping Links directly. Any negotiation for exclusive Content rights will be facilitated via Shopping Links and Shopping Links retains the right, together with the Creator to determine the price for such an exclusive licence on the Content.
The rights granted to Brands, Agencies or Affiliates are non-transferable and non sub licensable, meaning that you cannot transfer or sublicense them to anyone else except where you are purchasing on behalf of your employer or client. In that case, you represent and warrant that you have the full legal authority to bind your employer or client to the terms of this agreement. The rights purchased may only belong to you or your employer/client (and not both).
You are permitted to use the “sample” images available for download from the Shopping Links site complimentary for no more than 30 days from the time of download and for the purpose of testing only. Unless a license is purchased, Content cannot be used in any final materials or any publicly available materials. No other rights or warranties are granted for “sample” use images.
Upon reasonable notice, you agree to provide Shopping Links copies of material and links to deliverables that contain the licensed Content including access without charge to any pay-walled or restricted area access to inspect usage of the Content and compliance with these terms.
You agree to retain all embedded information and metadata associated with the Content that is stored in the image file itself and agree to make no more than one (1) copy of the Content for backup purposes.
We reserve the right to set the pricing and fees for any Content licence provided as part of the Website or our Services. Please note some transactions may be subject to GST, withholding tax or other taxes. It is your responsibility to comply with the laws of your jurisdiction, and you must do all things reasonably required by us to enable us to comply with our local laws.
All fees and payments (including for Collaborations) must be processed by us via PayPal. All Members must provide us with details of a PayPal account that is owned and controlled by that Member. Payment solutions may change from time to time and will be communicated to users. Users must register with the available payment service to be able to transact on the Shopping Links site.
Brands, Agencies or Affiliates wishing to transact via a bank transfer will be required to be approved for this payment method. Shopping Links reserves the right to accept or decline such requests.
Our platform currently accepts payments in Australian Dollars, US Dollars, Euro and British Pounds. These currencies may change depending on the transaction and availability. We are not responsible for any loss incurred due to currency conversions or fees.
Depending on the transaction, we may deduct a commission or any other amounts which are owed to us by you. We retain the right to adjust payments made to Members and to reclaim any amount incorrectly paid to a Member, irrespective of the reason for the incorrect payment.
Users shall ensure that their user account and password is stored and protected from being used by a third party or any other User. The User is responsible for any and all unauthorised use of the Users account unless the User has requested and received confirmation that the account has been blocked by Shopping Links.
You accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
All purchases, including but not limited to subscription packs are final and binding. They will not be refunded under any circumstances. Unused subscription credits will be automatically cancelled as per the subscription type purchased.
Unused credit balance will be automatically cancelled after 6 months from the date the credit was issued.
If a Creator has not requested to bank payments from sales via affiliate links (commissions), blogger payments or proceeds from the sale of content, within twenty-four (24) months from the date of sale or has failed to provide valid payment details, Shopping Links may release the payment, and such payments will be forfeited by the Creator, unless the balance of their account is below the minimum able to be banked and will accrue to Shopping Links.
If you fail to pay an invoice in full within the time specified, Shopping Links may add a service charge of 2% per month, or such lesser amount as is permitted by law, on any unpaid balance until payment is received. If an invoice remains outstanding for more than 30 days past the scheduled payment date, the creator who was engaged to promote the brand is within their rights to remove any or all of the content that has been posted as part of the collaboration. In addition and on request, Shopping Links has the right to pass on the contact details for those brands who have accounts outstanding for greater than 30 days.
12. Communication between Members
No Member may make unsolicited contact with another Member without that person’s express permission. All contact between Members must be first conducted through the manage collaboration workflow on the site.
13. Disclosure Requirements
All Creators must clearly disclose the relationship they have with a Brand or Agency/Affiliate during all Collaborations, sponsored posts or product seeding where the Creator is asked to share or promote product and/or services with their followers.
This disclosure must make it clear to an ordinary consumer viewing the content that there is a commercial arrangement between the Creator and the Brand or Agency/Affiliate. Creators must also meet all legal requirements for the jurisdiction in which they live and blog which govern the advertising of a product, brand or service.
Creators must clearly tag @shoppinglinks and include the hashtags #ad in all social media posts shared as part of or which were secured via a paid or product gifting Collaboration.
Creators must declare the sponsored nature of all Collaboration-related Content they post on their own websites by clearly labelling such contact with either “Collaboration sourced via Shopping Links” or “Collaboration supported by Shopping Links”. In either case, the words “Shopping Links” must contain a hyperlink to the Website.
We reserve the right, but are in no way obliged, to review and monitor our Members’ compliance with their disclosure obligations, and may remove any Content or Members found to be in breach of those obligations.
14. Copyright and Intellectual Property
Nothing on this Website is intended to give you any license or right to use intellectual property or other proprietary rights in any way which exist in the Content available on the Website.
You agree that we are not responsible for, and do not endorse, moderate, monitor, edit or delete any Content posted as part of a Collaboration. Legal responsibility for the Content resulting from a Collaboration rests solely with the content creator. Any questions or concerns about intellectual property rights and ownership of Content created as part of a Collaboration should be directed to the relevant Creator or Brand.
Additionally, unless otherwise indicated, all copyright, trademarks and any other intellectual property rights subsisting in the Website are owned by or licensed for use to Shopping Links. You must therefore not use any copyright, trademarks or any other intellectual property rights subsisting in the Website without the express written authorisation of Shopping Links or the relevant third party owner. You are not permitted or licensed to reproduce, copy or use in any way any copyright, trademarks or other intellectual property rights that we own except as expressly set out in these Terms.
15. Viruses, Hacking and other Misconduct
We will endeavour to ensure that our Website is free from viruses, malware and other malicious computer software (Viruses). However, due to the nature of the Website, we cannot guarantee that everything displayed on the Website, whether posted or uploaded by us or someone else, will be safe or free from Viruses.
It is your responsibility to protect yourself and your devices against Viruses. We will not be liable for any loss or damage caused by downloaded any Viruses from our Website.
No Member and User may knowingly introduce Viruses onto our Website. If it is brought to our attention that you have been or were intending to do so, we will not hesitate to report your conduct to the appropriate law enforcement agencies and will fully cooperate with their investigation into the matter.
Brands, Creators, Agencies/Affiliates, Members and Users of the site are prohibited from:
- manipulating or otherwise displaying the Site or any Shopping Links content using framing or similar navigational content;
- circumventing, disabling or otherwise interfering with security-related features of the site or any system resource and service; or
- selling, licensing or leasing Shopping Links content without specific authorisation from Shopping Links.
Although we will take the appropriate measures to safeguard any personal data you provide us, we cannot guarantee the security of any internet transmission.
Accordingly, we cannot and do not guarantee the security of any information that you submit to the Website. It is your responsibility to ensure that your user name, password and any other personal information you submit to the Website are kept secure. If you do share such information with others, you agree that you will be responsible for the conduct undertaken by that person with your account.
17. Confidentiality and Privacy
Any information that you submit or send to us is deemed not confidential. This includes details you submit when opening your account, comments or graphics and images uploaded onto the Website, enquiries or feedback sent to us, and other submissions made through the Website
18. Feedback and Complaints
We welcome general comments and feedback about your experience using our Website and services. We make no commitment to follow up on all comments and feedback submitted, but we will try to ensure your suggestions are taken on board when improving our Website and services.
If you have any complaints or issues which relate to us, our Website or services, please contact us at any time at firstname.lastname@example.org.
If you have any complaints or issues which relate to another Member, User and/or third-party, you must direct these directly to that party if known or alternatively contact email@example.com with the details of your concern. We have no obligation to help resolve any disputes which arise in the course of a transaction or a relationship between Users, Members and/or third-parties. If you have a complaint about or dispute with another Member or User, we may attempt to help you resolve this but otherwise make no representations about our ability to intervene.
If you believe that any materials on the site infringes on any copyright that you own or control, you may file a notification of such infringement with Shopping Links as follows:
Shopping Links Legal Department
PO Box 322
KEW EAST, Victoria, Australia 3102
The Website has been prepared in accordance with Australian law.
Shopping Links does not exclude or limit any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislative instrument that cannot be excluded. If any part of the Website does not satisfy the laws of a country outside Australia, that part of the Website is not directed to persons in those countries and they should not use or access that part of the Website.
To the extent permitted by law, you understand and consent that the information and content found on the Website is provided on an ‘as is’ basis. Whilst we will endeavour to have the most updated, accurate and relevant information and content available to you on the Website, Shopping Links makes no representations or warranties as to their quality, reliability, accuracy, completeness or fitness for purpose. We may make changes to the information and content contained on the Website at any time without prior notice to you.
When using the Website or downloading or acquiring any information or content from the Website, you do so at your own risk. You agree that you will be solely responsible for any damage or loss sustained as a result of your activities and use of the Website.
We make no warranties regarding any transactions executed between Members, or between Members and third-parties, and you acknowledge that such transactions are entered into entirely at your own risk.
Third-party links accessed via the Website or member account are managed, supplied and maintained by third parties. We make no warranties regarding the accuracy and availability of the tracking and associated payment of these transactions. From time to time these links may be unavailable and as such we will not be responsible or liable for or any loss or damage (including the loss of commissions or tracking data) resulting from the use of, or the reliance on these links.
We expressly disclaim any implied or express warranties or conditions of any kind, whether made by us or by a third party on the Website. We are not liable for any loss or damage resulting from the use of, or the reliance on, the materials or information on the Website. We do not endorse any opinion, advice or statement made by any person other than an authorised Shopping Links spokesperson speaking in his or her official capacity. Any reference on the Website to products or services of a member or third-party is for informational purposes only and does not constitute an endorsement or a recommendation of those products or services by us.
You agree that you must contact us and advise us of any image that you may think is possibly being used without permission by one of our Users and that you think should be taken down. If you provide us with the necessary evidence and we agree with you, we may take down the Content. Our Users are required to warrant to us that they have the unencumbered right and entitlement to use the images that they provide to us. We have no liability for incorrect representations by any User. We act in good faith with all our Users and rely on their warranties to us.
Any User on our website indemnifies us as a service provider for providing hosting and referral services from monetary or any other form of relief for any copyright infringement arising from the activities of our Users.
The Website may contain links to third-party sites. Shopping Links is not responsible for the terms and conditions of any third party site, whether of the Brand or the Creator or of any other third party.
Shopping Links is not liable for any direct, indirect or consequential damage, of any kind or form whatsoever. Shopping Links is not liable for any unauthorised access to its data, for any theft of the Content or for any misuse of the Content by a third party, including a Member or User.
Shopping Links explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory and the accuracy of any such search result, matching functionality or directory.
20. Limitation of Liability
To the fullest extent permitted by law, in no event will we or our affiliates be liable to you or any third party for loss or damage of any kind, however caused, sustained from the access or use of the Website (including information or materials displayed by Members, Users or other third parties). When you access or use our Website, you understand and agree that you do so at your own risk.
We also expressly disclaim any warranty, whether express or implied, relating to the Website, its information and materials, and its facilities accessible through the Website, unless the warranty is imposed by law and cannot be excluded.
Other than as expressly provided in this agreement, the Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Shopping Links or our Creators do not represent or warrant that the Content will meet any requirements of the buyer. The entire risk as to the quality and performance of the Content to achieve a specific result is with the Brand, Agency or Affiliate.
Users acknowledge that Shopping Links is the provider of a transaction based Creator and Content marketplace that enables Creators and Brands, Agencies and Affiliates to connect and collaborate. Shopping Links shall under no circumstances be held liable for any loss or damage arising out of or in connection with any transaction made on the site.
You must defend, indemnify and hold us and any related body corporate and personnel harmless from and against any and all claims, debts, liabilities, judgments, penalties, taxes, accounts, expenses, costs (including legal fees), actions and proceedings of any nature whatsoever, whether known or unknown, arising from or in any way connected with a breach or alleged breach of any agreement or warranty by you, or you conduct in connection with the Website.
The above indemnities survive termination of these Terms and will continue after you cease using your member account, the Website or our services.
Any failure by us to insist upon strict performance of any of your obligations under the Terms, or to exercise any rights or remedies entitled to us does not constitute a waiver of such rights or remedies. We do not relieve you from compliance with such obligations, even in the event that we fail to insist on your compliance. A waiver by us to exercise any rights or remedies entitled to us shall not be effective unless it is expressly stated to be a waiver, and is clearly communicated to you in writing.
If any part of the Terms is invalid, unlawful or unenforceable to any extent, that part will, to the extent that it is invalid, unlawful or unenforceable, be severed from the Terms. The remaining Terms will continue to operate to the fullest extent permissible by law.
24. Applicable law
Although the Website can be accessed worldwide, it optimised and designed for use by Australian residents. These Terms are governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia.
If you are not an Australian resident, you are responsible for determining whether or not your intended access or use of the Website and our services is lawful in your jurisdiction. We make no representation that the information and materials contained on the Website comply with the laws of any country outside Australia.
If you access the Website from outside the Australian jurisdiction, you do so at your own risk and are responsible for complying with the laws in the jurisdiction within which you access or use the Website. If such access or use is prohibited in your jurisdiction, you should stop accessing the Website immediately.
By signing up to Shopping Links you agree that during the period that you are an active user and for 12 months from the date of your last collaboration, you must not (either alone, with or through others) solicit, approach or attempt to entice through offers of work, any Creator who was appointed or applied to your Shopping Links collaborations where an existing business relationship did not exist prior to be introduced to the creator via the marketplace. You acknowledge that the restriction is both reasonable and necessary in order to protect the legitimate business interests of Shopping Links.
26. Entire agreement
These Terms and any other policies, terms or rules referred to by these Terms, constitute the entire agreement governing your use and access of the Website and our services. These Terms supersede all prior representations and agreements made in connection with your use and access of the Website and our services.