Your access to and/or use of this site,
www.WatchCount.com, and its associated services implies your consent to these Terms of Service. This also includes the
WatchCount.com Affiliate Program and off-site services provided by WatchCount.com℠ and WatchCount.org/.net, such as the
WatchCount.com Widget (WCW),
Dynamic Watch This Item Link (DWTIL),
WatchCount.com WordPress Plugin (WCCWPPI) (and its associated
Notification Alerts mailing list), and the
WatchCount.com Newsletter. Collectively these will be referred to as our "Services" below. "You" refers to you as a website visitor, client, or other utilizer of our Services, as well as any 3rd party you authorize, such as your agents.
These Services are provided on an "as-is" basis without any guarantee to their functionality, effectiveness, accuracy, or continued existence, and with no warranty granted or liability assumed by the owners of this site. The Services we provide are dependent on some factors outside of our control, so as a result we cannot guarantee 100% uptime or complete access to these Services. We, WatchCount.com/.org/.net, expressly disclaim all liability, whether direct or indirect, consequential or incidental, obvious or implied, for any damages should our Services fail or otherwise not perform as expected, or for any other reason. You hereby acknowledge that any reliance upon any of the Services we provide is wholly and solely at your own risk. We reserve the right to change our Terms of Service (ToS) at any time; your continued use of our Services constitutes your acceptance of our ToS. The current version of our ToS will always be posted on this page.
You agree that you will not scrape, hack, or abuse our website(s), our server(s), or the Services we provide. You may not place any of our web pages in a browser frame or iframe without our prior permission. You will not hotlink to images on our sites, except in explicitly permitted circumstances (for example: HTML code snippets provided for your use of our WCW or DWTIL, and WCCWPPI server-provided image hotlinking). You will not conduct Denial of Service or other malicious attacks onto our sites or servers, nor attempt to disrupt our Services in any way. You will not attempt to obtain, reverse engineer, decompile, create derivative works from, or otherwise attempt to derive source code from the WatchCount.com/.org/.net websites, software, content, or servers. (Exception to the previous sentence: The
downloadable WCCWPPI is licensed under GPL and grants more permissions for that particular piece of software. More information on such licensing, and other WCCWPPI details, is available on our
WCCWPPI general information page.) We maintain the final decision as to what constitutes abuse, hacking, scraping, DoS attacks, and other destructive or malevolent activity.
A few other things . . .
WatchCount℠ and WatchCount.com℠ are common law (unregistered) service marks by the owner of this website.
We can't guarantee that the WCW will increase bidding activity or interest in your
eBay item/listing.
While we've attempted to offer our Services so that they don't violate, or cause you to violate, any eBay policies, we can't guarantee that will always be the case for each of our clients, at all times. If eBay cancels any of your listings, terminates your membership in the eBay Partner Network, or otherwise takes punitive action against you because of a Service we provide, we'd certainly
like to hear about it, but we disclaim responsibility for any damages that result, as described in greater detail in the paragraph up above.
Know that some of our Services have inherent delays built-in. For example, Watch Count data we obtain to display on our site and in the WCW are (almost always) accurate but may be subject to a 2-5 minute delay.
While most of the data we provide should be very accurate, there are some shortcomings to the data-feeds that eBay allocates to us. For example, Watch Count data that we display can be inaccurate in certain well-defined circumstances. We've documented these cases on our
FAQ. Likewise, our
Top eBay Searches data may include rankings that should be considered estimations averaged by eBay, rather than vetted statistics.
We, or our web hosting companies, may temporarily disable some or all of our Services if it's found that our servers or network infrastructure are being placed under excessive strain, whether such strain is the result of increased but acceptable use of our Services, or a result of malicious abuse.
If you are sending traffic to WatchCount.com by way of your WatchCount.com Affiliate Link, you also agree to abide by the WatchCount.com Affiliate Program Terms and Conditions, presented to you when you became a member of the WatchCount.com Affiliate Program. If you lost your link to our Affiliate Program Terms and Conditions, please
contact us, and we'll be happy to furnish it to you.
We periodically make changes and improvements to several of our Services. We may implement these changes at any time, with or without public or private notice. If such changes, improvements, or enhancements are substantial enough, or if we feel they'll affect a large portion of our users, we'll endeavor to announce them on our
News page comfortably in advance of the actual changes. Sometimes, however, we may instead opt to make such announcements afterwards, or not at all, depending on the nature and scope of the service changes.
Some of our links will take you to external sites. Such sites are not within our control, and we are not responsible for their content, behavior, existence or functionality.
As they say in brick-and-mortar retail establishments here in the US, "We reserve the right to refuse service to anyone." — and we may do so with or without any notice to you. (Typically we will only do this if we strongly suspect you are violating our Terms of Service.)
All this having been said, please understand that we are committed to offering our Services with 100% availability, completeness, accuracy, and timeliness — and we've done pretty darn close to that so far. In the event of temporary or permanent failure of any our services, we have instituted best-effort practices to minimize the effects on our visitors and clients (for example, if the WCW can't obtain an item's Watch Count, it will simply hide itself). In the event of extended or permanent failure of any of our Services, we will attempt to post notice in a prominent location on
www.WatchCount.com (or the relevant product page) within a reasonable amount of time.
Thanks for reading, and we apologize for the hard-hitting tone. (Looking for more exciting fine print to read? You may wish to see our
Privacy Policy.)
