Terms of Service
Effective Date: August3, 2018
DISCLAIMER: Neither unicornsmasher.com, nor its operators are affiliated with or funded by amazon.com in any way. This site and all of its content is owned by AMZtracker.com Limited and only meant for educational purposes.
This Terms of Service is an agreement between you (“you” or “User”) and Unicorn Smasher (“Unicorn Smasher” or “we”), describing the terms and conditions which you accept by using our Website located at www.unicornsmasher.com (“Site”).
By using this Site, you signify your acceptance of this agreement. If you do not agree to this agreement, please do not use our Site. Your continued use of the Site following the posting of changes to this agreement will be deemed your acceptance of those changes.
We have the discretion to update this Terms of Service at any time. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically and become aware of modifications.
1. Service. Unicorn Smasher is a plug-in only available on Google Chrome, which helps Amazon sellers estimate product sales and choose the estimated best-selling products according to the data Unicorn Smasher tracks and shows on Amazon, such as product title, brand, price, category, rank, estimated monthly sales, estimated monthly revenue, reviews, listing rating, shipment method.
Note: All the data we track is either open to everyone who can visit Amazon websites or authorized by information owners.
2. User. If you want to get Unicorn Smasher, you can go to www.unicornsmasher.com or Chrome Web Store, and when you complete payment and successfully download the Unicorn Smasher on Chrome Web Store, you will get the service of Unicorn Smasher. After you successfully download Unicorn Smasher, you become a “User” according to this agreement.
In addition, to get Unicorn Smasher, you must provide your name (real or unreal), valid email address and any other information we or Chrome Web Store requests to complete your payment and downloading.
3. Payment. When you want to get Unicorn Smasher on Chrome Web Store, Chrome Web Store will charge fees via Google payment from you for downloading the plug-in. In the process of using the service of Unicorn Smasher, we will no longer charge more fees from you. Currently, you only can pay via Google payment, and in the future, you may access to other payment methods, such as Stripe or Paypal, but the date is unknown at present. If a payment is not successfully settled, the plug-in will not be downloaded successfully. Check with your Payment Method service provider for details. Please note: PAYMENT IS ONE-OFF AND NONREFUNDABLE.
4. Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party’s violation of this covenant. The Parties agree that the liquidated damages in the region of $50,000 per violation provided under this agreement, are in lieu of actual damages and are the Parties’ reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.
You agree not to :
a) send Unsolicited Bulk Mail (SPAM) or other communications;
b) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c) send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate the related laws of Hong Kong, or marketing or commercial communications without permission;
d) breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status;
e) use any robot, spider, scraper or other automated means to access our Service for any purpose;
f) harvest or otherwise collect information about members without their consent; and
g) upload or transmit harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.
6. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE WEBSITE AND SERVICES AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.
7. Intellectual Property. The Site, its original Content, features, functionality (including look), and Service Content (“Intellectual Property”) remain the property of Unicorn Smasher and are protected by Hong Kong and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, ad words, and interactive features generated, provided, or otherwise made accessible on or through Unicorn Smasher.
9. Attorneys Fees. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover damages, other relief may be awarded, its costs and expenses, including reasonable attorneys fees, litigation costs, subpoena costs.
10. Indemnity. You will indemnify us (and our officers, directors, agents, subsidiaries, joint venture and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in using the Site and Site Services.
11. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
12. Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, or any other force majeure event.
13. Captions. The section headings in this Agreement are provided for convenience only and are not to be considered in the interpretation of this Agreement.
14. Waiver. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
15. Assignment. The purchase, sale, assignment or transfer of any right is prohibited. You shall not assign any of your rights under this agreement to anyone else.
17. Severability. In the event that any of the provisions contained in this Agreement shall, for any reason, be declared or held to be unreasonable, unlawful, unenforceable or otherwise invalid in any respect, such term or provision shall be deemed modified to the extent necessary to make it enforceable, and in no event shall such declaration or holding affect the validity of any other provision of this Agreement, all of which provisions shall continue with effect in accordance with their terms.
18. Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Site (You consent to receive communications from us electronically, and we will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Site). Any notice to us will be effective when delivered to us at: firstname.lastname@example.org.