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Shopee Video Terms of Service
1. INTRODUCTION
1.1. Welcome to Shopee Video ("Shopee Video"). Shopee Video is an additional Service provided on the Site by Shopee Philippines, Inc. or its affiliates and subsidiaries (“Shopee,” “we,” or “us”). These Shopee Video Terms of Service (“Terms of Service”) serve as an agreement between Users of Shopee Video (“Shopee Video User” or “you”) and Shopee and set forth the terms and conditions by which Shopee Video User may access and use Shopee Video.
1.2. These Terms of Service supplement the Shopee Terms of Service, Shopee Privacy Policy, and other Shopee Policies of which these Terms of Service form part (together, “Shopee Policies”). Please read these Terms of Service and other Shopee Policies carefully because they contain important information regarding your rights and obligations as Shopee Video User. Any capitalized terms used in these Terms of Service that are not defined herein shall have the same definition as those given in the applicable Shopee Policies. In the event that there is any conflict between the matters specifically regulated by these Terms of Service and the terms of any of the Shopee Policies, the terms in these Terms of Service shall prevail.
1.3. Shopee may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued access or use of Shopee Video and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an account to you by Shopee) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
1.4. Shopee reserves the right to replace, change, suspend, or discontinue all or any part of Shopee Video at any time or after giving notice as required by local laws or regulations. Shopee may launch certain Services or features on Shopee Video in beta, which may not work as well as the final version, and Shopee shall not be responsible in such cases. Shopee may also limit certain features or restrict your access to parts, or all, of Shopee Video at its sole discretion and without notice or liability.
1.5. The Services in Shopee Video are provided for personal, non-commercial and commercial use.
1.6. These Terms of Service are a legally binding agreement between you and us. If you are under 18 years of age, you will only use Shopee Video with the consent of a parent or legal guardian. Please ensure your parent or legal guardian has reviewed and discussed with you these Terms of Service as well as the other Shopee Policies before accessing or using Shopee Video.
2. ACCEPTANCE OF THESE TERMS OF SERVICE
2.1. By accessing or using Shopee Video, you confirm that you have entered into a binding contract with Shopee and that you accept these Terms of Service and the terms of the Shopee Policies and agree to comply with them. Your access to and use of Shopee Video is also subject to the terms of our Community Guidelines which form part of these Terms of Service. By accessing or using Shopee Video, you also agree to comply with the terms of the Community Guidelines. If you do not agree to these Terms of Service and/or the Shopee Policies, you must not access or use Shopee Video.
2.2. If you access or use Shopee Video on behalf of any person or entity, then (a) “Shopee Video User” and “you” include you and such other person or entity; (b) you represent and warrant that you are an authorized representative of such person or entity with the authority to bind such person or entity to these Terms of Service, and that you agree to these Terms of Service and the Shopee Policies on behalf of that entity; and (c) such person or entity is legally and financially responsible with you for access or use of Shopee Video as well as access or use of your account by others affiliated with such person or entity, including its employees, agents, or contractors.
2.3. If you access or use Shopee Video and you are below 18 years of age, then you represent and warrant that (a) your access or use of Shopee Video is with the consent of your parent or legal guardian, and (b) you and your parent or legal guardian have reviewed and fully understand these Terms of Service and the Shopee Policies and agree to comply with them.
3. SHOPEE VIDEO
3.1. Shopee Video allows you to create, publish, and share content, including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”), enjoy User Content created by other Shopee Video Users, and interact with other Shopee Video Users. In particular:
(a) Create, publish, and share User Content
(i) You can record and save User Content on Shopee Video.
(ii) You can enhance your User Content using various editing tools and insert filters, effects, stickers, hashtags, video captions, products, and other elements provided by Shopee (“Shopee Elements”).
(iii) You can publish User Content on Shopee Video so that other Shopee Video Users can enjoy your User Content. The User Content you publish on Shopee Video will be available on the Site.
(iv) You can share your User Content or User Content of other Shopee Video Users through various third-party messaging services and social media platforms in accordance with their respective terms of service.
(v) You can incorporate User Content of other Shopee Video Users into your User Content as long as the Shopee Video User who owns the User Content permits the use of its User Content for that purpose. By publishing a User Content on Shopee Video, you are deemed to have permitted other Shopee Video Users to incorporate your User Content into their User Content and/or share your User Content through various third-party messaging services and social media platforms as described in Clause 3.1(a)(iv).
(vi) You can provide a video description when publishing a User Content.
(vii) You can provide a short biographical text and profile photo on the profile page of your Account.
(b) Enjoy or view User Content created by other Shopee Video Users
(i) You can view User Content published or shared by other Shopee Video Users through Shopee Video on the Site.
(ii) Through the “Trending” page on the Site, you can view User Content we think will be of interest to you based on your interactions with us through your access or use of Shopee Video and other Services. For more information on how we process your Personal Data and your rights and obligations in relation such processing, please read the Privacy Policy.
(iii) You can search for User Content that you enjoy through features such as the “My Videos” on other Shopee Video Users’ profile page which lists the videos they published on Shopee Video, search function, and category options.
(c) Interact with other Shopee Video Users
(i) You can send direct messages to other Shopee Video Users if they follow you.
(ii) You can like videos of other Shopee Video Users.
(iii) Subject to other Shopee Video Users’ settings, you can comment on their User Content.
(iv) You can follow other Shopee Video Users. If a Shopee Video User restricts its profile, you can follow if such Shopee Video User accepts your follow request.
3.2. To fully access all the features or use Shopee Video, you must have opened an Account on the Site. When you create your Account, you must provide accurate and current information. It is important that you maintain and promptly update the details and other information you provide to us so that the information is current and complete.
3.3. You agree that you are fully responsible (to us and others) for activities that occur on your account, including, but not limited, to any User Content that you publish or share on Shopee Video. You warrant and represent that, in the event you use or download material containing third party intellectual property rights, you are deemed to have permission, consent from, or are permitted by, the owner of that part of the material to use such part of the material for your User Content on Shopee Video.
3.4. We have the right to disable, suspend, and/or terminate your access to Shopee Video at any time for any reason or no reason, including if you do not comply with any of the terms of these Terms of Service and/or any of the Shopee Policies, or if any activity occurring on your account is determined by us, in our sole discretion, as will or may cause damage to Shopee or disrupt Shopee Video or violate the rights of third parties or applicable laws.
4. ACCESS TO AND USE OF SHOPEE VIDEO
4.1. Your access to and use of Shopee Video is subject to these Terms of Service, the Shopee Policies, and applicable laws. You agree not to:
(a) access or use Shopee Video if you are unable or are legally incompetent to agree to all terms or are not permitted to use Shopee Video by your parent or legal guardian as applicable;
(b) make or attempt to make any unauthorized copy, modify, adapt, reverse engineer, disassemble, decompile, or create any derivative works from Shopee Video or the User Content included therein, including any files, tables, or documentation (or any part thereof) or determine or attempt to determine the source code, algorithms, methods, or techniques contained in Shopee Video or other works;
(c) distribute, license, transfer, or sell, in whole or in part, any Shopee Video or other derivative works;
(d) use Shopee Video, without our written consent, for commercial or unauthorized purposes, including communicating or facilitating advertising or commercial solicitation or spamming;
(e) interfere or attempting to interfere in the operation of Shopee Video, disrupt our applications or any network connected to Shopee Video, or take any action that may prevent or limit access to Shopee Video;
(f) incorporate Shopee Video or part of it into other programs or products except as otherwise allowed in these Terms of Service. In case of violation of this sub-clause (and without limiting our rights under Clause 3.4), we reserve the right to refuse service, terminate accounts, or limit your access to Shopee Video at our sole discretion;
(g) use automated scripts to collect information from or interact with Shopee Video;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any User Content you upload, post, transmit, distribute, or otherwise provide, originates from Shopee Video;
(i) intimidate or harass others or promote sexually explicit material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
(j) use or attempt to use another person's account, service, or system without Shopee's express permission, or create a false identity on Shopee Video;
(k) use Shopee Video in a way that may create a conflict of interest or undermine the objectives of Shopee Video, such as exchanging reviews with other Shopee Video Users or writing or soliciting fake reviews;
(l) use Shopee Video to download, send, distribute, or store files that contain viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “chain letters,” and “pyramid schemes,” or any other prohibited form of solicitation;
(m) display Personal Data of any person, including, but not limited to, addresses, telephone numbers, email addresses, numbers and features on personal identity documents (e.g., passport number, tax identification number), and credit/debit card number;
(n) use any material that may violate the copyrights, trademarks, and other intellectual property rights or privacy rights of others;
(o) use any material that is defamatory of others, vulgar, abusive, pornographic, hateful, or inflammatory;
(p) use any material that could condone, encourage, or provide instructions for criminal conduct, dangerous activities, or self-harm;
(q) use any material that is deliberately designed to provoke or antagonize any person, in particular bullying, or is intended to harass, threaten, injure, frighten, distress, embarrass, or upset another person;
(r) use any material that contains threats, including, but not limited to, threats of physical violence;
(s) use any racist or discriminatory material, including discrimination based on a person's race, religion, age, gender, disability, or sexuality;
(t) provide any answer, response, comment, opinion, analysis, or recommendation that you are not licensed or qualified to provide; or
(u) use any material that, in Shopee's sole discretion, is objectionable or restricts or inhibits any other person from using Shopee Video, or which may expose Shopee, Shopee Video, or its Users to any loss or liability.
4.2. We reserve the right, at any time and without prior notice, to remove or disable access to User Content published or shared on Shopee Video at our discretion for any or no reason. Some of the reasons we may remove or disable access to such User Content include, without limitation: (a) finding User Content that is inappropriate, or that violates the terms of these Terms of Service, any of the Shopee Policies, rights of third parties, or applicable laws or is harmful to Shopee, Shopee Video, or the Users, including Shopee Video Users, and (b) pursuant to reports of violations of intellectual property rights (verified or not) or any court orders or orders from governments, legislators or law enforcement.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. We respect intellectual property rights and ask you to do the same. As a condition for accessing and using Shopee Video, you agree not to use Shopee Video to infringe on any intellectual property rights.
5.2. If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form at https://shopee-support.formstack.com/forms/ipr_ph and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Shopee will respond to your complaint as soon as practicable.
5.3. Complaints under this Clause 5 must be provided in the form prescribed by Shopee, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable Shopee to assess the complaint; (d) URL(s) of the User Content which contains the alleged infringement; (e) sufficient information to allow Shopee to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorized by the IPR Owner or the applicable law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify Shopee for any damages it may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorized to act on the IPR Owner’s behalf in all matters relating to the complaint.
5.4. Without limitation to the indemnity at Section 8, you agree to indemnify and hold Shopee harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any User Content, and/or (b) any removal of such User Content pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.
6. SHOPEE CONTENT
6.1. All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of Shopee Video, and all intellectual property rights related thereto (“Shopee Content”), are either owned or licensed by Shopee, it being understood that you or your licensors will own any User Content you upload or transmit through Shopee Video.
6.2. Use of any Shopee Content or materials on Shopee Video for any purpose not expressly permitted in these Terms of Service is prohibited. A Shopee Content or any material on Shopee Video may not be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed, or otherwise misused for any purpose without the prior written consent of Shopee or, as applicable, by its licensors. We and our licensors have the right to refuse to provide our consent, at our sole discretion, for and to use any Shopee Content or materials on Shopee Video.
6.3. You acknowledge and agree that Shopee may generate revenue, increase goodwill, or otherwise increase our value from your use of Shopee Video, including, but not limited to, marketing sales, sponsorships, data usage promotions, and awarding of Shopee Video Rewards under such terms and conditions as may be determined by Shopee from time to time. Except as specifically permitted by us under these Terms of Service or in any other agreement you sign with us, you will have no right to share in any such revenue, goodwill, or value.
6.4. You are hereby granted a non-exclusive, limited, non-transferable, non-licensable, revocable, and worldwide license to access and use Shopee Video and the Shopee Content (as defined below) for personal, non-commercial, or commercial purposes and specifically in compliance with these Terms of Service, the Shopee Policies, and the applicable laws. We reserve all rights not expressly granted in these Terms of Service in Shopee Video and the Shopee Content. You acknowledge and agree that we can terminate this license for any reason or no reason at any time and with or without notice to you.
6.5. NOTWITHSTANDING ANY TERMS TO THE CONTRARY, ANY LICENSE GRANTED UNDER THESE TERMS OF SERVICE DOES NOT INCLUDE LICENSE OVER SOUND RECORDINGS AND MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH SHOPEE VIDEO.
6.6. You acknowledge and agree that when you view User Content provided by other Shopee Video Users on Shopee Video, you do so at your own risk. Any User Content on Shopee Video is for general information only. User Content on Shopee Video are not intended to direct or suggest which advice you should follow. You must obtain professional advice before making a decision or taking action based on any User Content on Shopee Video.
7. USER-GENERATED CONTENT
7.1. Shopee Video Users are permitted to upload, post, transmit (for example, via streams), or make available User Content via Shopee Video. Shopee Video Users can also extract all or any part of User Content created by other Shopee Video Users to create additional User Content, including collaborative User Content with other Shopee Video Users, which combines and intersperses User Content created by more than one Shopee Video User. Shopee Video Users can also add music, graphics, stickers, and Shopee Elements to User Content and publish or share this User Content via Shopee Video. The User Content, including User Content containing Shopee Elements, have not been verified or approved by us. Views expressed by Shopee Video Users on Shopee Video do not represent our views or values.
7.2. Whenever you access or use features that allow you to upload or send User Content via Shopee Video (including via social media platforms owned by third parties, such as Facebook, Instagram, X, and YouTube (“Third-Party Platforms”)), or interact with other Shopee Video Users, you must comply with these Terms of Service.
7.3. You can also choose to upload or submit your User Content, including User Content containing Shopee Elements, on Third-Party Platforms. If you decide to share any User Content (with or without Shopee Elements) on Third-Party Platforms, you must comply with these Terms of Service and the terms of service of such third parties.
7.4. You warrant that any User Content you publish or share through Shopee Video and on any Third-Party Platform complies with standards set forth in Clause 6.2 and 6.3 and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss and damage we suffer as a result of your breach of this warranty.
7.5. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through Shopee Video or send us any User Content via Shopee Video that you consider confidential and/or proprietary. When you submit User Content through Shopee Video, you represent and warrant that you are the owner of such User Content, or you have received the necessary permission, consent from, or are permitted by, the owner of any or all parts of the User Content to submit it to Shopee Video, submit it from Shopee Video to Third-Party Platforms, and grants Shopee all rights and permissions in relation to User Content that are fully provided for under these Terms of Service.
7.6. If you only have rights in and to a sound recording, but not to the underlying musical work within the sound recording, you may not post the sound recording to Shopee Video unless you have permission, consent from, or are authorized by, the owner of that part of the User Content to publish or share it on Shopee Video.
7.7. Subject to ownership of Shopee Video Content (including but not limited to the Shopee Elements), you or your licensor (if applicable) of your User Content owns the copyright in User Content submitted to Shopee Video, but by submitting User Content through Shopee Video, you hereby grant us an irrevocable, royalty-free, fully transferable, sublicensable, perpetual, worldwide, unconditional license, in any format and/or platform, whether now known or hereafter discovered, to (a) use, modify, adapt, reproduce, create derivative works from it, publish, distribute, stream, transmit, communicate or make available to the public, publicly display and publicly perform such User Content for any and all purposes in our sole and absolute discretion, and (b) distribute and permit other Shopee Video Users and other third parties to view, access, use, download, modify, adapt, reproduce and create derivative works from it, publish, distribute, stream, transmit, communicate the User Content. Without limiting the generality of the foregoing, you further acknowledge and agree that Shopee shall have the right to monetize the User Content and any revenue generated from the User Content shall remain solely with Shopee.
7.8. You further grant us an irrevocable, royalty-free license to use your username, image, voice and likeness to identify you as the source of your User Content; provided, that your ability to provide image, voice, and likeness may be subject to age restrictions in accordance with applicable law.
7.9. For the avoidance of doubt, the rights granted by you in the preceding paragraphs of this Clause 7 include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of musical works contained in such sound recordings), and to publicly perform and communicate to public sound recordings (and the musical works contained within those musical works), all on a royalty-free basis. This means that you give us the right to use your User Content without any obligation to pay royalties to you or to any third party, including, but not limited to, recording copyright owners (e.g., record labels), copyright owners of musical works (e.g., music publishers), performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of User Content.
7.10. Specific rules for musical works and for recording artists. If you are a composer or author of a musical work and you are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms of Service to your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO reporting obligations. If you have transferred your rights to a music publisher, then you must obtain such music publisher's permission to grant the royalty-free license set out in these Terms of Service or have the music publisher enter into these Terms of Service with us. Just because you wrote a musical work (e.g., a song), does not mean you have the right to grant a license under these Terms of Service. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of Shopee Video is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through Shopee Video that may be claimed by your record label.
7.11. Through-To-The-Audience Rights. All rights you grant in your User Content in these Terms of Service are provided on a through-to-the-audience basis, which means the owner or operator of a third party service will have no separate liability to you or any other third party for any User Content posted or used on third party services via Shopee Video.
7.12. Waiver of Rights in User Content. By uploading User Content to or through Shopee Video, you waive the right to have your User Content reviewed or pre-approved for any marketing or promotional material relating to such User Content. You also waive any and all rights of confidentiality, publicity, or other similar rights with respect to your User Content or any portion thereof. To the extent that moral rights are not assignable or transferable, you hereby waive and agree never to assert any and all moral rights, or to support, defend, or permit any action based on moral rights that you may have in connection with your User Content published or shared to or through Shopee Video.
7.13. We have the right to disclose your identity to any third party who claims that the User Content uploaded or downloaded by you to Shopee Video constitutes a violation of that party's intellectual property rights or right to privacy.
7.14. We, or third parties authorized by us, have the right to crop, edit, or refuse to publish, your User Content in our sole discretion. We have the right to delete, disallow, block, or remove any User Content you create on Shopee Video if, in our opinion, your User Content does not comply with these Terms of Service. In addition, we have the right, but not the obligation, in our sole discretion, to remove, disallow, block, or remove any User Content (a) that we deem violative of these Terms of Service or (b) in response to complaints from other Shopee Video Users or third parties, with or without notice and without liability to you. As a result, we recommend that you keep a copy of any User Content you create and publish on Shopee Video on your personal device(s) if you want to ensure that you have permanent access to a copy of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable for any such User Content.
7.15. We are not responsible for any User Content uploaded by Shopee Video Users and published by us or by authorized third parties.
7.16. We do not guarantee, state, expressly or indirectly, that any User Content is accurate, complete and up to date. In the event that User Content contains links to other sites or services provided by third parties, such links are provided for information only. We have no control over third party sites or services. Such links should not be interpreted as approved by us. You acknowledge that we have no obligation to pre-screen, monitor, assess, or change content uploaded by you or other parties on Shopee Video. We further disclaim any implied representations and warranties, including warranties arising from course of performance, course of practice, industry standards, or usage in trade. You represent and warrant that you shall not post User Content which contains links to the contents that violate any terms of these Terms of Services and Community Guidelines.
8. INDEMNIFICATION
8.1. You agree to indemnify, defend and hold harmless Shopee, and its shareholders, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) your violation or breach of any term of these Terms of Service (including any guidelines referenced herein) or any of the Shopee Policies, (b) your use or misuse of Shopee Video or any User Content, (c) your breach of any applicable law or any rights of a third party, or (d) any User Content published or shared by you.
9. DISCLAIMERS
9.1. SHOPEE VIDEO IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SHOPEE OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO SHOPEE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPEE DOES NOT WARRANT THAT SHOPEE VIDEO OR THE FUNCTIONS CONTAINED THEREIN (INCLUDING THE SHOPEE ELEMENTS) WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE; THAT DEFECTS, IF ANY, WILL BE CORRECTED; THAT SHOPEE VIDEO, SHOPEE ELEMENTS, THE SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS; OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR ACCESS OR USE OF SHOPEE VIDEO WILL BE ACCURATE OR RELIABLE.
9.2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SHOPEE VIDEO (INCLUDING THE SHOPEE ELEMENTS) AND OF THE SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE REMAIN WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. EXCLUSIONS AND LIMITATIONS OF LIABILITY
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPEE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOODWILL; OR (F) FAILURE TO REALIZE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(B) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SHOPEE VIDEO AND/OR THE SHOPEE ELEMENTS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF SHOPEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SHOPEE VIDEO (INCLUDING THE SHOPEE ELEMENTS) IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF SHOPEE VIDEO.
10.3. IF, NOTWITHSTANDING THE PREVIOUS CLAUSES, SHOPEE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
10.4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SHOPEE’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SHOPEE THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
10.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF SHOPEE VIDEO, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT OWNER OR OTHER SHOPEE VIDEO USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Last modified: 13 November 2023
