Throughout this Agreement we may refer to Shop It To Me as "us" or "we," and we may refer to you as the "user" or "end user."
General. Subject to the terms and conditions of this Agreement, Shop It To Me may provide certain services, as described more fully on the Website, which are selected by you through the process provided on the Website ("Services"), solely for your own use, and not for the use or benefit of any third party. By using Website or any of its Services, you agree to comply with all of these terms and conditions. The right to use the Website is personal to you, the End User, and is not transferable to any other person or entity.
Shop It To Me has the right to change, suspend or discontinue any aspect or feature of the Website or Services, or any portion thereof, at any time, including the availability of or access to any feature, database, content, hours of availability and equipment needed for access or use.
You represent and warrant that (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
Electronic Communications. When you visit the Website or use the Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website and Services are operated offered by Shop It To Me from its facilities in the United States of America and the respective sites are offered in the United States (ShopItToMe.com) and the United Kingdom (ShopItToMe.co.uk). We make no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Equipment. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service and all charges related thereto. Shop It To Me is not liable for any damages to the End User's equipment resulting from use of the Website or Services.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. Shop It To Me owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download, print, and/or save the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Shop It To Me, or from the copyright holder identified in such Content's copyright notice.
Under no circumstances will Shop It To Me be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Website. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Shop It To Me does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. Shop It To Me shall have no obligation to monitor any user generated content, however, Shop It To Me and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content or material, at its sole discretion, on the Website or through the Services, including disabling access to content that you have downloaded through via the Website.
Shop It To Me reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Shop It To Me by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Shop It To Me's Copyright Agent for notice of claims of copyright infringement is as follows:
Your Warranty. You warrant, represent and agree that you will not contribute any Content (including, without limitation, anything in connection with your blog(s)) or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malmare, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Shop It To Me. You, not Shop It To Me, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to Shop It To Me and to grant Shop It To Me the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Shop It To Me in connection with a feature on the Website.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and "on topic" to the particular Service posting that is open for comments.
Restrictions. You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any End User, or, without Shop It To Me's express, prior written approval, contains any advertising or any solicitation for products or services. You shall not use the Website or Services to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Shop It To Me.
Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website, or use of any data mining, robots or similar data gathering and extraction tools, is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shop It To Me without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Shop It To Me's name or trademarks without our express written consent. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.
Warranty Disclaimer. END USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND THE SERVICES ARE AT END USER'S SOLE RISK. NEITHER SHOP IT TO ME, NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COUPONS OR VOUCHERS PROVIDED THROUGH THE WEBSITE OR THE SERVICES.
THE WEBSITE AND SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHOP IT TO ME HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE OR THE SERVICE.
Shop It To Me makes no representations concerning any content contained in or accessed through the Website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Shop It To Me makes no representations or warranties regarding the accuracy of size, quality, colors, textures, prices, availability of merchandise or validity of coupon codes displayed anywhere on the Website or accessed through the Website (such as on Third Party Websites), or regarding suggestions or recommendations of services or products offered or purchased through the Website, or that the Website or any Content will be uninterrupted or error-free.
Registration and Security. As a condition of using the Website, you may be required to register or create a profile and select a password and user name ("User ID"). You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Indemnity. You will indemnify and hold Shop It To Me, its parents, subsidiaries, affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand arising out of or related to any products or services purchased by you in connection with the Website or any Services or your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
Limitation of Liability. IN NO EVENT SHALL SHOP IT TO ME OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Fees and Payment. Shop It To Me reserves the right to require payment of fees for certain Services, such as premium services. Shop It To Me will provide notice in the event of any such fees. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Termination. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. We may terminate your access to the Website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Trademarks. Shop It To Me, Inc., shopittome.com and shopittome.co.uk, Salemail®, Shop It To Me®, Shop It To Me: Sales Just Got Personal®, and Better Than Any Sample Sale!SM are proprietary service marks of Shop It To Me, Inc.
All other trademarks displayed on Shop It To Me, Inc.'s Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Shop It To Me, Inc. and these companies.
Voucher Purchases. Purchases of Vouchers through Shop It To Me are subject to the additional Terms of Sale located at www.shopittome.com/VoucherTermsofSale and are hereby incorporated by reference.
Miscellaneous. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Shop It To Me shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. Shop It To Me may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Shop It To Me in any respect whatsoever.
Questions. If you have any questions or notices of violation of this Agreement, please contact us at firstname.lastname@example.org.
Effective: November 5, 2010.