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Terms of Use
USER AGREEMENT Thank you for visiting www.ShopATown.com. The domain www.ShopATown.com (the “Website” or “ShopATown.com” of “ShopATown”) is owned and operated by ShopATown.com, LLC, a Texas limited liability company whose principal office is located at 2603 W. 49th Street, 1. Acceptance of Terms of Use Agreement A. By using and/or visiting this Website (collectively, including all content and functionality available through the www.ShopATown.com domain name) you signify your agreement to (1) these terms and conditions (the "Terms and Conditions") and (2) ShopATown.com's privacy policy, found at http://www.shopatown.com/index.php?main_page=page&id=16, and incorporated here by reference. This Agreement is an electronic contract between the Company, ShopATown.com, LLC and the user, (“you” or “Buyer”) that sets out the legally binding terms of your use of the Website and your membership. If you do not agree to any of these terms or the ShopATown.com privacy policy, please do not use the ShopATown.com Website. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (www.ShopATown.com). ShopATown, in its sole discretion, may modify or revise these Terms and Conditions and the privacy policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. RESTRICTION ON PROVISION OF SERVICES ShopATown.com does not provide use of the Website or any services to children, but only to adults. If you are under 18, you may use ShopATown.com only through a parent or guardian. ShopATown.com reserves the right to restrict access to the Website, terminate any services provided to any user, remove or edit content, or change content created by ShopATown.com at any time. 3. LICENSE AND SITE ACCESS By becoming a Member, the Company and ShopATown grants you a limited license to access and make personal use of this Website. HOWEVER, YOU MAY NOT download (other than page caching), or modify the Website, any portion of it, except with express written consent of ShopATown.com. This LIMITED license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company and ShopATown.com. 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 ShopATown.com and the Company’s affiliates without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing ShopATown.com’s trade names or trade dress without the express written consent of ShopATown.com. Any unauthorized use terminates the permission or license granted by ShopATown.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ShopATown.com so long as the link does not portray ShopATown.com, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ShopATown.com logo or other proprietary graphic or trademark as part of the link without express written permission of the Company. 4. FEES AND SERVICES A. ShopATown.com is an online storefront for multiple stores (“Seller(s)”) in 5. CONTENT A. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to all rights in the content, including copyright, trademark, publicity, and database rights, in any media known now or in the future, for the purpose of exhibiting the content on ShopATown.com for potential sale pursuant to these terms and conditions. B. Each user is solely responsible for providing any information requested on ShopATown.com as accurately and completely as possible. The Company is not responsible or liable for the accuracy of information completed by third parties joining ShopATown or using the Website or for a user’s acceptance of any items of Seller Content listed, which are unique to each Seller. 6. REPRESENTATIONS AND WARRANTIES OF BUYERS A. Buyers agree that Sellers will be posting information and other advertising content regarding specific Content (“Seller Content”). Buyers of any Seller Content agree that ShopATown is not responsible or liable for the Seller Content, changes to or removal of the Seller Content, or cancellation of enrollment of any Seller. Buyer understands that neither the Company nor ShopATown screens Sellers in any way nor does the Company or ShopATown inquire into the background of any Seller or attempt to verify the statements of any Seller or any third party reviewer of a specific Seller. Furthermore, the Company and ShopATown make no representations, warranties or guaranties, express or implied, as to the quality of any Seller Content, or the Seller’s rights in such any Seller Content. Therefore, you agree to make your own assessment of a particular Seller prior to purchasing any Seller Content. You are solely responsible for your choice of Seller, any communications between you and any Seller, cancellation of enrollment or order with any Seller, and obtaining a potential refund from any Seller. B. In the event you believe any Seller Content to be defective, fails to meet any warranty of Seller, or infringes on any rights of any third party you agree that your sole remedy is against the Seller. If you purchase any rights or license to any Seller Content through ShopATown, you expressly release the Company and ShopATown from any claims or causes of action arising out of or in any way related to: the quality of the Seller Content; infringement of any intellectual property rights of any party; infringement of any right of publicity or privacy of any party; defamation, slander or libel of any party; or any other claims. You agree that the Company and ShopATown has no other obligation under common law, statutory law, contract, tort, equity or any other basis. 7. PROCEDURE IN CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on ShopATown.com should be sent ONLY to the Company’s Designated Agent. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY THE COMPANY AND SHOPATOWN, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF YOUR MISREPRESENTATION. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Written notification must be submitted to the following Designated Agent: Lisa Roberts Address: Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following: Physical or electronic signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page). Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address). Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law." Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Upon receipt of notification of a claimed infringement, ShopATown will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, ShopATown will terminate the alleged infringer's access to ShopATown.com. ShopATown will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C) and (g) of the Digital Millennium Copyright Act). The requirements of a Counter Notification are: It must be a written communication; It must be sent to ShopATown’s Designated Agent; Upon receipt of a Counter Notification from the user containing the information as outlined above, ShopATown will: Promptly provide the Complaining Party with a copy of the Counter Notification Inform the Complaining Party that it will replace the removed material or cease disabling access to it within 10 business days following receipt of the Counter Notice; Replace the removed material or cease disabling access to the material in not less than 10, nor more than 14, business days following receipt of the Counter Notice, provided Company’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain user from engaging in infringing activity relating to the material on ShopATown’s network or system. CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 8. Third Party Reviews ShopATown may post third party reviews of Sellers for its users (“Third Party Reviews”). The Company and ShopATown reserve the right to remove any third party review for any reason whatsoever. Notwithstanding the foregoing statement, you agree that neither Company nor ShopATown is responsible or liable for the accuracy or reliability of any Third Party Review. 9. PRIVACY POLICY Please review our Privacy Policy, which also governs your visit to ShopATown.com, to understand our policies with regard to private information. 10. ELECTRONIC COMMUNICATIONS By visiting ShopATown.com or sending an e-mail to us, you are using electronic communications. By doing so you are consenting to receive electronic communications from us. You agree that any electronic communications the Company or ShopATown.com provides to you satisfy any legal requirement that such communications be in writing. 11. COPYRIGHT & TRADEMARKS ShopATown.com, and all content included on ShopATown.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data, software, and compilations of the same (the “Content”) is the exclusive property of the Company or its Sellers and protected by copyright laws. In addition, the Company, ShopATown.com, the Content and all Services on the Website, as well as their selection and arrangement, are protected by trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the same may violate such laws and this Terms and Conditions Agreement. In addition, elements of the Website are protected by trade dress and other laws and are not be copied in whole or in part. Except as expressly provided herein, the Company, ShopATown.com and its Members and Sellers do not grant any express or implied rights to use the Website, the Content, or the Services provided on the Website. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Content, or the Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Also, the trademarks, logos, and service marks ("Marks") displayed on the Website are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks. ShopATown.com and the ShopATown logo are the trademarks of the Company. 12. LINKS The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company and ShopATown have no control over such sites and resources, you acknowledge and agree that neither the Company nor ShopATown are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that neither the Company nor ShopATown shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. 13. MEMBER ACCOUNTS AND PASSWORDS In order to become a Member and use the Website, you must complete a member registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ShopATown.com immediately of any unauthorized use of your account or any other breach of security. ShopATown will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ShopATown or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You contact information is used only for billing and shipping purposes. Your email address will never be shared without your prior written consent. 14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS WEBSITE IS PROVIDED BY THE COMPANY AND SHOPATOWN ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE COMPANY NOR SHOPATOWN MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT NEITHER SHOPATOWN NOR THE COMPANY SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ON THE WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED OR PUBLISHED THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND SHOPATOWN DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND SHOPATOWN DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY OR SHOPATOWN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Except in jurisdictions where such provisions are restricted, in no event will the COMPANY OR SHOPATOWN be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, lost profits arising from your use of the Website or the Services, including without limitation, bodily injury, emotional distress, and/or any other damages even if the COMPANY OR SHOPATOWN has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the COMPANY’S AND SHOPATOWN’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the COMPANY OR SHOPATOWN for the Services during the term of membership. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 15. Indemnity by You You agree to indemnify and hold the Company and ShopATown, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Services in violation of these terms and conditions and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 16. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in these terms and conditions, there shall be no third party beneficiaries to this Agreement. 17. APPLICABLE LAW By visiting ShopATown.com, you agree that the laws of the state of 18. DISPUTES Any dispute relating in any way to your visit to ShopATown.com or to products you purchase through the Company, ShopATown or its any of affiliates, or Sellers shall be submitted to confidential arbitration in Austin, Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in Travis County, Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 19. MODIFICATIONS AND SEVERABILITY ShopATown reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. |
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