You get a personal, revocable license to install and use the extensions and app, and may not reverse engineer them
The software behind the Services is Capital One Shopping's copyrighted, trade-secret and patent-protected technology. As long as you follow these terms, you get a personal, non-commercial, non-exclusive, non-transferable, revocable license to download, install and use the browser extensions and/or Mobile App on devices you control, and to use the software only for that. All other rights are reserved. You may not copy, modify, distribute, reverse engineer, decompile or disassemble the software, except that you may make one backup copy. You may not use it commercially other than for shopping for or buying products or services through the Services, or transfer, sell or license it to anyone without Capital One Shopping's prior written consent.
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Subject to your compliance with these Terms, and in consideration of your promises reflected in these Terms, Capital One Shopping grants you a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable license to download, install, and use the Browser Companions and/or Mobile App to and on devices controlled by you
All rights not expressly granted to you by the foregoing sentence are reserved by Capital One Shopping.
you may not copy, modify, distribute, reverse engineer, decompile, or disassemble the Software or any other technology relating to the Browser Companions or Mobile App, except that you may make one copy of the Software for back-up purposes
You may not use the Software for any commercial purpose other than shopping for or purchasing products or services in connection with the Services and as permitted hereunder, and you may not transfer, sell, assign, license, or convey it to another party without Capital One Shopping’s prior written consent.
Qualifications & exceptions
The license is revocable; under 9.4 any unauthorized use ends it and may lead to termination of your account.
Content & IP Rights · User right or choice
Third-party components keep their own licenses, which may give you broader rights
The software you download may include third-party components provided under their own license terms. You may use them with the Services consistently with these terms, but you may have broader rights under those third-party licenses, and these terms do not intend to restrict your use of the third-party software further.
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The Software you download consists of a package of components, which may include certain third-party software (“Third-Party Software”) provided under separate license terms (the “Third-Party Terms”).
you may have broader rights under the applicable Third-Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software
Not stated here
Which third-party components and licenses are included is not listed in these terms.
Content & IP Rights · Restriction or exception
Personal use only: no resale, framing or hidden use of the brand, and misuse ends the license
Capital One Shopping gives you a limited license to make personal use of the browser extensions and Mobile App, as long as you follow these terms. The license excludes reselling, modifying or commercially using any part of the Services, and making derivative works of, distributing or copying the extensions or app, except as these terms expressly allow. Without express written consent you may not frame its trademarks, logos or other proprietary information, or use meta tags or other hidden text with its name or trademarks. Any unauthorized use ends this license and may lead to termination of your account.
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Capital One Shopping grants to you a limited license to make personal use of the Browser Companions and Mobile App.
This license expressly excludes, without limitation, any resale, modification, or commercial use of the Services or any portion thereof as well as making any derivative works based upon or distributing or copying the Browser Companions or Mobile App, except as expressly permitted in these Terms.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Capital One Shopping or our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” using the name or trademarks of Capital One Shopping or our affiliates without our express written consent.
Any unauthorized use terminates the permission or license granted by Capital One Shopping in this paragraph and may lead to termination of your User Account.
Qualifications & exceptions
The same paragraph lets Capital One Shopping withhold Rewards and features if the Shopping extension or Mobile App is not installed (see the redemption card).
Content & IP Rights · Restriction or exception
You may not copy, scrape, automate, frame, resell or interfere with the Services or their content
You must follow all applicable laws when using the Services. Unless the law expressly allows it or a feature of the Services enables it, you must not, and must not let anyone else: store, copy, modify or distribute content from the Services; compile it into a database; use robots, spiders, scripts, redirects or manual processes to monitor, copy or resell content or to mimic purchases; frame or incorporate the Services into another site or service; copy, sell or commercially exploit any part of the Services, including by displaying third-party ads; circumvent digital rights management or security features; use the Services in a way that may threaten their integrity, performance or availability; remove proprietary notices; include another person's personal or identifying information in your User Content without their explicit consent; or otherwise try to interfere with the Services.
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You must comply with all applicable laws when using our Services.
Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Services, you will not, and will not permit anyone else to:
(iii) use any automated tool (including but not limited to robots, spiders, scripts, and redirects) or manual process to utilize, monitor, store, copy, modify, distribute, or resell any content from or mimic purchases on the Services
(vi) circumvent or disable any digital rights management, usage rules, or other security features of the Services, or any content available on or through the Services
(ix) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent
(x) otherwise attempt to interfere with the proper functioning of the Services
Qualifications & exceptions
Using automation or scraping is also listed in 6.8 as grounds to cancel Rewards or terminate the account.
Content & IP Rights · Restriction or exception
You may post reviews and comments only if you created them or have permission, and public areas are not private
Users may be allowed to post comments, product reviews or other information to the Services (User Content). You agree to upload only content you created yourself or have the copyright owner's permission to upload. Posts in chat areas, forums, bulletin boards, communities, product reviews and other public or common areas are not private, so take care before including your personal information.
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users may be permitted to post comments, product reviews, or otherwise provide information to the Services (“User Content”)
You agree that you will not upload User Content to the Services unless you have created that content yourself or you have permission from the copyright owner to do so.
Communications in chat areas, forums, bulletin boards, communities, product reviews, or other public or common areas of the Services are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Services.
Content & IP Rights · Permission or license
You give Capital One Shopping a perpetual, irrevocable, sublicensable license to anything you post, and to your name
For any User Content you upload, you grant Capital One Shopping and its subsidiaries, affiliates and successors a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, make derivative works of, distribute and publicly perform and display it in any media in connection with the Services or its business, including to promote the Services. They may also use the name you submit with the content. You keep your rights in your content, subject to this license. Capital One Shopping may, in line with the Privacy Policy, keep and use non-personally identifiable data derived from your content. You promise your content is original (or used with permission) and does not infringe anyone's copyright, trademark, privacy, publicity or other rights.
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a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Services or Capital One Shopping's business, including without limitation for promoting the Services
the right to use the name that you submit in connection with your User Content, if we choose
You retain all rights in your User Content, subject to the rights granted to Capital One Shopping in these Terms.
Capital One Shopping may, in accordance with the Privacy Policy, retain in our systems and use non-personally identifiable data that is derived from your User Content.
You represent and warrant that all User Content that you may post to the Services shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark, or other rights of any third party including without limitation any rights of privacy or publicity.
Qualifications & exceptions
The license is irrevocable, so it does not end if you delete the content or close your account.
Content & IP Rights · Restriction or exception
Prohibited content includes unlawful, defamatory or harmful material and ads for competing products
You agree not to post or distribute through the Services material that is false, misleading, unlawful, obscene, defamatory, threatening, harassing or hateful; encourages criminal conduct or civil liability; breaches anyone's rights, including privacy or publicity; contains corrupted or harmful files; advertises products or services competing with Capital One Shopping's or its partners', as Capital One Shopping decides in its sole discretion; or that Capital One Shopping, in its sole judgment, finds objectionable, restricts others' use of the Services, or may expose it, its affiliates, Merchants or users to harm or liability.
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(a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, or inflammatory
(e) advertises products or services competitive with Capital One Shopping’s or our partners’ products and services, as determined by Capital One Shopping in our sole discretion
(f) in Capital One Shopping’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Capital One Shopping, our affiliates, Merchants, or users to harm or liability of any nature
Qualifications & exceptions
Under the next paragraph of the User Content section, Capital One Shopping may remove or edit any User Content at any time for any reason without notice.
Content & IP Rights · Restriction or exception
Capital One Shopping may remove or edit any user posts at any time and takes no responsibility for them
Capital One Shopping has no obligation to screen, edit or monitor User Content, but it has absolute discretion to remove, screen, edit or disable any User Content at any time, for any reason, without notice. You may come across User Content that is offensive, indecent, objectionable or inaccurate. Capital One Shopping takes no responsibility or liability for any User Content, including loss of or damage to your own User Content.
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Although Capital One Shopping has no obligation to screen, edit, or monitor any User Content, Capital One Shopping reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice.
You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate.
We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
Content & IP Rights · Permission or license
Merchants grant a perpetual, irrevocable license to their content and can have it removed or edited at any time
For all Merchant Content of the Merchant you are affiliated with, you grant Capital One Shopping and its subsidiaries, affiliates and successors a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, publish, make derivative works of, distribute and publicly display it in any media in connection with the Services or its business, including for promotion, and to use the Merchant's name with it. The Merchant keeps its rights subject to this license and promises its content is original or used with permission and does not infringe others' rights. Capital One Shopping has no duty to monitor Merchant Content, but may remove, screen, edit or disable it at any time for any reason without notice, and takes no responsibility or liability for it, including its loss or damage.
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For any and all Merchant Content of the Merchant with which you are affiliated, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that Merchant Content
the right to use the Merchant’s name in connection with the Merchant Content, if we choose
The applicable Merchant retains all rights in its Merchant Content, subject to the rights granted to Capital One Shopping in these Terms.
Such Merchant represents and warrants that all Merchant Content that it may provide shall be its wholly original material
Although Capital One Shopping has no obligation to screen, edit, or monitor any Merchant Content, Capital One Shopping reserves the right and has absolute discretion to remove, screen, edit, or disable any Merchant Content at any time and for any reason without notice.
We take no responsibility and assume no liability for any Merchant Content, including any loss or damage to any Merchant Content.
Qualifications & exceptions
Users may be exposed to Merchant Content that is offensive, objectionable or inaccurate.
Content & IP Rights · Context
Capital One Shopping and its licensors own the Services, and you get only the rights the terms expressly grant
Capital One Shopping, its Affiliates, and its suppliers and licensors own all rights, including intellectual property rights, in the Services. You receive only the rights expressly granted in these terms; no other rights are granted, expressly or by implication.
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OWNERSHIP AND TRADEMARKS
We, our Affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Content & IP Rights · Restriction or exception
You may not use Capital One Shopping's or others' marks on the Services without written consent
“Capital One Shopping” is a trademark of Capital One Shopping, and other product, brand and company names and logos on the Services belong to their owners. Using any mark that appears on the Services without prior written consent from Capital One Shopping or the mark's owner, as appropriate, is strictly prohibited.
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“Capital One Shopping” is a trademark of Capital One Shopping.
Any use of any of the marks appearing on the Services without the prior written consent of Capital One Shopping or the owner of the mark, as appropriate, is strictly prohibited.
Content & IP Rights · Procedure
Copyright owners can send infringement notices to a designated DMCA agent with five required items
Under the Digital Millennium Copyright Act, Capital One Financial Corporation has designated an agent to receive notices of alleged copyright infringement. If you believe your work has been used in an infringing way, send a notice that includes: a description of the work; where the infringing material is, including its URL; your name, address, phone number and email; a signed statement of your good-faith belief that the use is unauthorized; and a signed statement, under penalty of perjury, that your allegations are true and that you own the copyright or are authorized to act for the owner. Notices and counter-notices go to the DMCA Agent (attn: Capital One Shopping), Capital One Services, LLC, 15000 Capital One Drive, Richmond, VA 23238, or by email.
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In compliance with the Digital Millennium Copyright Act, Capital One Financial Corporation has designated an agent to receive notifications of alleged copyright infringement.
(1) a description of the work allegedly infringed; (2) a description of the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization
DMCA Notifications and Counter-Notifications must be submitted to:
DMCA Agent (attn: Capital One Shopping)
Capital One Services, LLC
15000 Capital One Drive
Richmond, VA 23238
Email: [email protected]
Not stated here
The DMCA agent's email address is not readable in the saved text; it appears only as an obfuscated placeholder.
Content & IP Rights · User right or choice
If your content was removed by mistake, you can file a counter-notice and it may be restored after 10 days
If you believe in good faith that material you posted was removed or disabled by mistake or misidentification in a DMCA takedown, you can contest it with a DMCA counter-notice that fully meets 17 U.S.C. §512(g)(3). If Capital One Shopping receives a compliant counter-notice, it will wait 10 days and then re-enable your content, unless the copyright owner sues you before then or Capital One (which the terms define as Capital One, N.A. and its affiliates, not Capital One Shopping) decides, in its sole discretion, that the content is not appropriate to include.
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If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a DMCA takedown notification, you may contest the takedown by submitting a DMCA counter notification.
The counter notification must fully comply with the requirements of 17 U.S.C. §512(g)(3).
If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or Capital One determines, at its sole discretion, that the content at issue is not appropriate for inclusion.
“Capital One” refers to Capital One, N.A. and its affiliates and subsidiaries.
Qualifications & exceptions
The requirements of 17 U.S.C. §512(g)(3) are cited but not reproduced in these terms.
Content & IP Rights · Restriction or exception
Repeat copyright infringers can be terminated
Capital One Shopping may terminate users it determines, in its sole discretion, to be repeat infringers, without giving up any of its other rights or remedies.
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Capital One Shopping reserves the right to terminate users of its Services who are repeat infringers, as determined by Capital One Shopping in its sole discretion, without prejudice to any other rights or remedies of Capital One Shopping.
Content & IP Rights · Permission or license
Feedback you give is not confidential and Capital One Shopping may use it freely without paying you
If you give Capital One Shopping feedback about the Services, you acknowledge it is not confidential and allow Capital One Shopping to use it without restriction or payment. You grant it a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use the feedback in any manner and for any purpose.
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If you provide feedback to Capital One Shopping regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Capital One Shopping to use that Feedback without restriction and without payment to you.
you hereby grant to Capital One Shopping a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose