Terms of service
Terms of Use
Terms of Use last updated April 6, 2021
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The ShokraLA “Terms of Use” govern use & utilization of the website . The website is owned and operated by ShokraLA.
In the context of this agreement, “we”, “our”, and “us” means ShokraLA (“ShokraLA”) & “retailer” or “retailers” means the original third-party retailers utilized by consumers whose information has been provided to ShokraLA via Shopify.
The following terms and conditions contained or expressly referenced within this Terms of Use must be agreed to, inclusive of our Privacy Policy. Your use of the ShokraLA website constitutes your agreement to all such items in the Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
User Representations
Each user or entity agreeing to these Terms is granted a non-exclusive, non-transferable, revocable license to access and use the ShokraLA website strictly in accordance with these Terms of Use. As a condition of your use of the website , you warrant that (a) you have the legal capacity and you agree to comply with these Terms of Use; (b) that you will not use the website for any purpose that is illegal, unlawful or prohibited by these Terms; (c) you may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use of the website ; (d) you will not access the website through automated or non-human means, where through a bot, scriptt, or otherwise; (e) you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website ; and (f) your use of the website will not violate any applicable law or regulation.
User Content
Use of the website does not entitle you to make any unauthorized use of any protected content. You warrant you are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use the website for production of any products or goods that include said content. By using the ShokraLA website , you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your content does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your content to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the content in any products produced or displayed by the website and these Terms of Use.
- Your content is not false, inaccurate, or misleading.
- Your content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
- Your content is not violent, harassing, libelous, slanderous, mocking, disparaging or abusive to anyone.
- Your content is not used to harass or threaten (in the legal sense of those terms), any other person or promote violence against a specific person or class of people.
- Your content does not violate any applicable law, regulation, or rule.
- Your content does not violate the privacy or publicity rights of any third party.
- Your content does not contain any material that solicits personal information from anyone under the age of 18, or exploits people under the age of 18 in a sexual or violent manner.
- Your content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any application law or regulation.
Any uses of the website in violation of the foregoing violates these Terms of Use, and may result in, among other things, termination or suspension of your rights to use the website. ShokraLA shall be held harmless of any liabilities, loss or damages stemming from violations of the prohibited uses listed above.
Copyrights, Intellectual Property Rights, & Content
The entire content published on the website, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of ShokraLA. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of the website is strictly prohibited. Any changes or deletion of proprietary notices from materials garnered via the website is strictly prohibited. If applicable, any violations or violators will be prosecuted to the fullest extent permissible under applicable law.
All copyright, designs, the “look and feel” of the website and all other intellectual property and material rights relating to the content as described herein shall remain at all times vested in ShokraLA and/or the property of their respective owners. All such content, including third-party copyrights, trademarks, designs and related intellectual property rights mentioned or displayed throughout the website are protected by federal and state laws and regulations and international treaty provisions. Content may be used as only is expressly authorized by ShokraLA. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying, modifying, transmitting, publishing, reverse engineering, exploiting and use of any of the above listed materials to any other location, server or support for publication, reproduction or distribution is expressly prohibited.
We do not claim any intellectual property rights over Content provided to original retailers and garnered via Shopify. All such Content remains within original ownership.
“Content” id defined as all information such as the “look and feel” of the website, including but not limited to any graphics, data files, photographs, drawings, logos, video, music, sound or audio files on the website. ShokraLA tries to ensure that the information available on the website is accurate and complete, but does not warrant the website to be fully accurate & error-free. Without limiting the foregoing, everything on the website is provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. ShokraLA reserves the right to withdraw, temporarily or permanently, any Content from the website at any time and for any reason. Removal may be immediate and without notice. ShokraLA is not liable for any such withdrawal, or any damages that may be incurred from such a withdrawal.
Prohibited Use
As a user of the website, you agree not to:
- Systematically retrieve data or other content from the website to create, compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ShokraLA.
- Trick, defraud, or mislead ShokraLA and/or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the Use of the website and/or the Content contained therein.
- Disparage, taranish, or otherwise harm, in our opinion, ShokraLA and/or the website.
- Use any information obtained from the website in order to harass abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the website in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party's uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person to use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
- Interfere with, disrupt, or create an undue burden on the website of the networks or services connected to the website.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website.
- Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
- Copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
- Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Website Management
We reserve the right, but not the obligation, to: (a) monitor the website for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitations, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any account in violation of these Terms; and (d) otherwise manage the website in a manner designed to protect our rights, property, protection of our users, and facilitate the proper functioning of the website.
Confidentiality
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Droplet’s Confidential Information includes all information received relating to us, or to the website, that is not known to the general public including information related to our security program(s) and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Use including within this section. Each party agrees that it shall take all reasonable steps, at least substantially equivalent
Term & Termination
These Terms of Use shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access of and use of the website, to any person for any reason, including without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.
Disclaimer
The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, ShokraLA disclaims all warranties, express or implied, in connection with the website and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ShokraLA makes no warranties or representations regarding the accuracy or completeness of the content or products displayed using the website on third party websites. ShokraLA assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, products or material displayed using the website on third party sites; (b) personal injury or property damage, of any nature whatsoever, resulting from products originating from the website, or access and use of the website; (c) any unauthorized access to or use of our or our third party’s secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the website; and (e) bugs, viruses, trojan horses or the like which may be transmitted to or through the website by any third party. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
Limitation of Liability
It is expressly understood and agreed to that, in no event, to the extent permitted by applicable laws, ShokraLA, our directors, employees, owners or agents shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive damages, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the website.
To the extent permitted by applicable laws, in no event shall ShokraLA or any third parties we work with be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the website, our Services or these Terms of Use, however arising including negligence.
Indemnification
You agree to defend, indemnify, and hold harmless ShokraLA, including our subsidiaries, affiliates, and all our respective directors, employees, owners or agents, and partners, shall be indemnified and held harmless, along with any third parties we work with, from and against any loss, damage, liability, any claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of a breach of these Terms of Use or the documents it incorporates by reference, use of the website, or violation of any law or the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We do not warrant that the website or any Service will be uninterrupted, timely, secure or error-free.
We are not responsible for any tax obligations or liabilities relating to use of ShokraLA.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained through ShokraLA will meet any unstated expectations, or that any errors in ShokraLA or its Services will be corrected.
International Users
The ShokraLA Website is controlled and operated by ShokraLA, from offices within the United States of America. For use of the website outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ShokraLA Website in any country or in any manner prohibited by any applicable local laws, restrictions, or regulations
Changes to Terms
We reserve the right to make changes to these Terms of Use at any time should those changes be required to ensure a successful technological and legal operation of the website. Please be sure to check the Terms of Use regularly for such changes.
Changes to Products, Prices, and Interruptions
We reserve the right to make changes to or suspend our products, prices, or the website at any time without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the website, or to supply any corrections, updates, or releases in connection therewith.
We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
User Data
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, processing orders placed through the website, as well as data relating to your use of the website. You are solely responsible for all the data that you transmit or that relates to any activity you have undertaken using the website. You agree that ShokraLA shall have no liability to you for any loss of corruption of any such data, and you hereby waive any right of action against ShokraLA arising from any such loss of corruption of such data.
Privacy & Data Protection
ShokraLA is firmly committed to protecting the privacy of consumer personal information. ShokraLA’s collection, usage and disclosure of this personal information is governed by our Privacy Policy, which can be found at INSERT LINK.
General Legal Terms
Complete Terms: The Terms of Use constitutes the whole legal agreement with ShokraLA and governs use of the website. Notwithstanding the foregoing, it is understood that we may make changes to the Terms of Use from time to time. When these changes are made, we will make a new copy of the Terms of Use. We are under no obligation to provide notice with changes regarding the Terms of Use. It is highly recommended that the Terms of Use be checked on a regular basis for any changes.
Independent Relationship: All retailers and ShokraLA are independent contractors, and these Terms of Use will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency with ShokraLA. No party shall have the power to bind the other and incur obligations on the other’s behalf without the other’s prior written consent. No party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. No party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, any party, unless specifically provided for in the Terms of Use.
Liability in the Event of Breach: Compliance with all provisions of the Terms of Use is mandatory.
Rights Not Waived: If ShokraLA does not exercise or enforce any legal right or remedy which is contained in the Terms of Use this will not be taken to be a formal waiver of ShokraLA’s rights and that those rights and remedies will still be available to ShokraLA.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
Violation of Terms of Use: Please report any violations of the Terms of Use by e-mailing shokrala@yahoo.com
Contact Information
shokrala@yahoo.com