eShopWorld Sandbox Terms and Conditions of Use
This page provides you information about U.S. Direct E-Commerce Limited, trading as eShopWorld (“eShopWorld”, “we”, “our” and/or “us”), and the terms and conditions (the "Terms") on which we operate and permit you to use our eShopWorld Sandbox (the “eShopWorld Sandbox”) as described in clause 2 below. These Terms will apply to any contract between us for the operation of the eShopWorld Sandbox as these Terms are the legal agreement between you and us ("Contract" or “Agreement”). Before using our eShopWorld Sandbox, please read these Terms carefully and make sure that you understand them.
Please note that before entering the eShopWorld Sandbox you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to enter the eShopWorld Sandbox.
You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to use our eShopWorld Sandbox, please check these Terms to ensure you understand the terms which will apply at that time.
If you are accepting this Agreement on behalf of an employer or other entity, you represent and warrant that you have full legal authority to bind your employer or other entity to these Terms; and, if you do not have the authority, you may not accept this Agreement or use the eShopWorld Sandbox services on behalf of an employer or other entity.
1. INFORMATION ABOUT US
1.1 We are U.S. Direct E-Commerce Limited trading as eShopWorld, a company registered in Ireland under company registered number 479237 and with our registered office at South Block, The Concourse Building, 110-115 Airside Business Park, Swords, County Dublin, Ireland.
1.2 Contacting us
1.2.1 If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at firstname.lastname@example.org.
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
2. SANDBOX DESCRIPTION
The eShopWorld Sandbox provides dummy data and tools for you to give ideas, provide, develop and test solutions (“Solutions”). On this platform and test environment, you will interact with us or other participants. These Terms and the eShopWorld Sandbox will provide overall governance but you are ultimately responsible for your Solutions and participation in the eShopWorld Sandbox. The contents of the eShopWorld Sandbox are provided “as is”, “as available” and with all faults in accordance with clause 8.
3. SETTING UP AN ACCOUNT
3.1 To gain access you must register and hold an account.
3.2 You must be a human to create an account. Accounts registered by automated methods are not permitted.
3.3 Each legal person can only hold and operate one account.
3.4 You must be at least 18 years old to maintain an account.
3.5 You cannot share your login credentials with other people.
3.6 We can terminate any account that is inactive for an extended period of time.
4.1. Ownership and license
a. You retain intellectual property ownership of and responsibility for your Solutions/Codes. You agree to only submit Solutions/Codes that you have the right to develop, and you will fully comply with any third-party licenses relating to the Solutions/Codes.
b. You also unconditionally and irrevocably agree that we, our directors, employees, agents and affiliates may use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, copy, store and distribute any Solutions which you submit, display in the eShopWorld Sandbox for any lawful purpose (“Use”) and for the Use, you provide us a perpetual, unrestricted, worldwide, royalty-free and non-exclusive license. The Solutions may also be used for promotion or marketing purposes in any form, medium or technology.
c. You agree that notwithstanding your ownership of the intellectual property in the Solutions/Codes, all legal and beneficial ownership of the intellectual property in the products or derivative works from the Use shall vest in us upon their creation and production and shall be our sole and exclusive property.
d. You understand that your Solutions may be distributed through various public networks and servers and your Solutions may be amended to conform to the technical requirements of these parties or mediums.
e. Under no circumstances will eShopWorld be liable for Solutions, contents or materials of any third parties (including participants), including, but not limited to, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any such Solutions.
4.2. Removal of Solutions
We have the right to refuse or remove any Solutions, in our sole discretion, which violates these Terms.
5. RULES OF CONDUCT
We require all users to operate the eShopWorld Sandbox in good faith. Each user must adhere to these rules of conduct.
5.1 Compliance with Laws and Regulations
Your must not violate any applicable laws and regulations, including copyright or trademark laws or export control laws during your use of the eShopWorld Sandbox. You must ensure that your participation complies with all laws and regulations applicable to you.
5.2 Content Restrictions
You will not under any circumstances post any content that:
a. is discriminatory or abusive towards any individual or group;
b. contains or installs any active malware or exploits, or uses our platform for exploit;
c. is unlawful or promotes unlawful activities;
d. Infringe on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
e. is libelous, defamatory, or fraudulent; or
f. is or contains sexually obscene content.
5.3 Conduct Restrictions
You will not under any circumstances:
a. harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other participants of the eShopWorld Sandbox;
b. violate the privacy of any third party, such as by posting another person's personal information without consent;
c. attempt to disrupt or tamper with the eShopWorld Sandbox’s server or any third party’s servers hosting the eShopWorld Sandbox in ways that could harm the eShopWorld Sandbox, to place undue burden on the servers through automated means, or to access the eShopWorld Sandbox in ways that exceed your authorization;
d. access or use the eShopWorld Sandbox for the benefit of our competitors, or to compete with us;
e. access of use the eShopWorld Sandbox for any political or terrorism related activities;
f. extract any information or data from the eShopWorld Sandbox;
g. impersonate any person or entity, including any of our employees or representatives, including through false association with us or the eShopWorld Sandbox, or by fraudulently misrepresenting your identity;
h. modify, decompile, reverse engineer or otherwise alter the eShopWorld Sandbox’s tools, API or content; or
i. engage in fraudulent or illegal conduct of any kind;
j. access or use the eShopWorld Sandbox for the benefit of our competitors, or to compete with us;
k. access of use the eShopWorld Sandbox for any political or terrorism related activities;
l. extract any information or data from the eShopWorld Sandbox;
m. transmit any viruses or any program of a destructive nature;
n. attempt to disrupt or tamper with the eShopWorld Sandbox’s server or any third party’s servers hosting the eShopWorld Sandbox in ways that could harm the eShopWorld Sandbox, to place undue burden on the servers through automated means, or to access the eShopWorld Sandbox in ways that exceed your authorization;
o. Use robots, scraping or other similar technology to access or use the eShopWorld Sandbox.
5.4 Scraping, Spamming and Use of Cron Jobs
a. Scraping refers to extracting data from the eShopWorld Sandbox via an automated process. It does not refer to the collection of information through eShopWorld Sandbox’s API.
b. Scraping the eShopWorld Sandbox for any purpose is prohibited.
c. Similarly, spamming and the use of Cron Jobs or like software utilities or technology for any purpose are not allowed.
You agree that eShopWorld has no responsibility or liability for the deletion or failure to store any Solutions or any other content or data maintained or uploaded to the eShopWorld Sandbox.
7. YOUR USE OF THE APIs
If we provide APIs:
7.1 eShopWorld will endeavor that any updated versions of our APIs are backwards compatible to at least the previous version to a reasonable extent. Our APIs may be modified from time to time.
7.2 You may be charged for API calls that exceed call limits or your access to the API may be terminated. We may limit the number of API calls we permit you to make during any given period. If we believe that you have attempted to exceed or circumvent these limitations, we may temporarily or permanently block your ability to use APIs or the eShopWorld Sandbox.
8. YOUR REPRESENTATION AND WARRANTIES
You represent and warrant to us that:
a. The information you provide us in connection with your use of the eShopWorld Sandbox is true and accurate;
b. Your participation in the eShopWorld Sandbox is voluntary and you will not receive any compensation (financial or otherwise);
c. Your participation and Solutions will not infringe the rights of any third parties; and
d. You will comply with all applicable laws, regulations and policies that may apply to you.
9 DISCLAIMER OF WARRANTIES
The eShopWorld Sandbox is provided "as is," "with all faults," and "as available". To the maximum extent permitted by applicable law, eShopWorld Sandbox makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the eShopWorld Sandbox will be uninterrupted, error-free or free of harmful components, and any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Where certain jurisdictions do not allow for the exclusion of implied warranties, the above exclusion will apply to the extent permitted by law.
10. MODIFICATION, SUSPENSION AND TERMINATION
10.1 We may discontinue, modify or change the eShopWorld Sandbox at any stage. You agree that we may, at our sole discretion, modify, suspend or terminate your account and remove and discard any Solutions or content within the eShopWorld Sandbox, without notice. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination. Upon termination, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Solutions and any other data. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
10.2 This Agreement becomes effective upon any user’s acceptance of these Terms. We may terminate your account in the eShopWorld Sandbox if you violate any of these Terms, rules or guidelines, state or local laws, or for any other reason that eShopWorld shall reasonably determine in its sole discretion. eShopWorld may terminate this Agreement immediately without cause and without notice and you will continue to be bound by these Terms.
11. INDEMNITY AND RELEASE
You agree to release, indemnify and hold us and our affiliates and our employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use and participation in the eShopWorld Sandbox, your connection to the eShopWorld Sandbox, your breach or violation of these Terms or your violation of any rights of another including infringement of third party intellectual property, rights of privacy, or any other rights.
12. THIRD PARTY SERVICES
The eShopWorld Sandbox may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. We have no control over such sites, services and resources and we are not responsible for such sites, services and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the eShopWorld Sandbox shall be between you and the third party, and you agree that eShopWorld Sandbox is not liable for any loss or claim that you may have against any such third party.
13. LIMITATION OF LIABILITY
13.1 You expressly understand and agree that neither us nor our directors, employees or agents or affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from your participation and use of eShopWorld Sandbox. Notwithstanding the foregoing and to the extent permitted by law, our total liability to you or any third party for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise under this term shall not under any circumstances exceed one hundred euro (€100).
13.2 In no event shall any company party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such company party has been advised of the possibility of such damages.
14. CONFIDENTIAL INFORMATION
14.1 Our communications to you and the eShopWorld Sandbox may contain eShopWorld Confidential Information. You will treat all eShopWorld Confidential Information as strictly confidential and use the same degree of care to prevent disclosure of eShopWorld’s Confidential Information as you would use with respect to your own most confidential and proprietary information.
14.2 We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.
15. AUDIT AND REGULATORS
To ensure compliance with these Terms, we may monitor and audit your Solutions and participation in the eShopWorld Sandbox. You will promptly provide us with any information that we may request from you on your Solutions and activities.
16.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Your participation does not create a joint venture, co-ownership, partnership or agency relationship between you and us.
16.2 This Term constitute the entire agreement between you and us and govern your use of the eShopWorld Sandbox.
16.3 Please note that these Terms are governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18. TEST ENVIRONMENT
We do not make any promises or claims as to the availability or uptime of the eShopWorld Sandbox. The eShopWorld Sandbox is a test environment. You may only use anonymous, non-live data. At no point must live Personally Identifiable Information (“PII”) be used within the eShopWorld Sandbox as part of testing. In order to limit the potential usage of PII, all data within the Sandbox will be purged on a monthly basis.
19. INDEPENDENT DEVELOPMENT
Nothing in this Agreement will impair eShopWorld’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any products, software or technologies that any user may develop, produce, market, or distribute in the eShopWorld Sandbox.