Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use the Services. If these terms and conditions are considered an offer by ShopLocket, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 18 years old.
1. ShopLocket is a Venue
ShopLocket acts as a venue to allow users who comply with ShopLocket’s policies to offer, sell and buy certain goods within a fixed-price format. ShopLocket is not directly involved in the transaction between buyers and sellers. As a result, ShopLocket has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ShopLocket does not pre-screen users or the content or information provided by users. ShopLocket cannot ensure that a buyer or seller will actually complete a transaction.
2. Your ShopLocket.com Account and Products.
If you create an account to use the Services on the Site, (your “Account”) you are responsible for maintaining the security and accuracy of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. You must immediately notify ShopLocket of any unauthorized uses of your Account or any other breaches of security. ShopLocket will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
By publishing a product to ShopLocket and listing it in the publish directory you grant ShopLocket a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your product. If you delete content, ShopLocket will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the content may not be made immediately unavailable.
3. Responsibility of Sellers.
If you publish a product, sell a product or otherwise make (or allow any third party to make) a product available by means of the Services (any such material, “Products”), you are entirely responsible for the Product, and any harm resulting from, that Product. By making Products available, you represent and warrant that such Product:
Is not false, inaccurate or misleading;
Is not fraudulent or involve the sale of counterfeit, stolen or infringing items;
Does not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Does not violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, anti-discrimination, criminal activities or false advertising);
Is not defamatory, libellous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
Is not obscene and does not contain child pornography;
Does not involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and you shall not use your Account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
Does not involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;
Does not link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Agreement.
You agree not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your Account:
Blood, bodily fluids or body parts;
Destructive devices and explosives;
Identity documents, personal financial records or personal information (in any form, including mailing lists);
Lottery tickets, sweepstakes entries or slot machines;
Obscene material or child pornography;
Offensive material or hate speech;
Police badges or uniforms;
Stocks or other securities;
Stolen property; and
Any other items prohibited by law or constituting controlled substances.
You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items on through or connected with your Account, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:
Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
Hazardous or restricted items;
Content or material that is infringing or otherwise violates the law
Weapons and other related items, including, without limitation, explosives, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.
5. Payment and Renewal.
By publishing a Product you agree to pay ShopLocket the 2.5% transaction fees indicated for the Services. The Services will be automatically billed at the time of transaction to your connected Stripe or PayPal account. ShopLocket will have no obligation to provide a refund of any amounts previously paid.
6. Responsibility of Buyers
ShopLocket may, but has no obligation to, remove Product and/or Account containing Product that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
ShopLocket does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors in the Site will be corrected.
You expressly understand and agree that ShopLocket shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site.
7. Content Posted on Other Services.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ShopLocket.com links, that link to ShopLocket.com, or on which ShopLocket products are embed. ShopLocket does not have any control over those non-ShopLocket websites and webpages, and is not responsible for their contents or their use. By linking to a non-ShopLocket website or webpage, ShopLocket does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ShopLocket disclaims any responsibility for any harm resulting from your use of non-ShopLocket websites and webpages.
8. Intellectual Property.
This Agreement does not transfer from ShopLocket to you any ShopLocket or third party intellectual property, and all right, title and interest in and to such property will remain with ShopLocket Inc. Your use of the Services grants you no right or license to reproduce or otherwise use any ShopLocket or third-party trademarks.
ShopLocket reserves the right to display advertisements on your Account and throughout the Site.
ShopLocket reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. ShopLocket may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
ShopLocket may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. You may cancel your Account at anytime by emailing email@example.com. Once your Account is cancelled all of your Product will be immediately deleted from the Site. Since deletion of all data is final please be sure that you do in fact want to cancel your Account before doing so. Without limiting any other remedies, ShopLocket may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
12. Disclaimer of Warranties.
The Services are provided “as is”. ShopLocket and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ShopLocket nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
13. Limitation of Liability.
You expressly understand and agree that ShopLocket shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site. In no event shall ShopLocket or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, the Services or this agreement (however arising including negligence).
14. General Representation and Warranty.
You agree to indemnify and hold harmless ShopLocket, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
In the event a dispute arises between you and ShopLocket, please contact ShopLocket. Should you have a dispute with one or more users, or an outside party, you release ShopLocket (and ShopLocket’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ShopLocket encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. ShopLocket, for the benefit of users, may try to help users resolve disputes. ShopLocket does so in ShopLocket’s sole discretion, and ShopLocket has no obligation to resolve disputes between users or between users and outside parties. To the extent that ShopLocket attempts to resolve a dispute, ShopLocket will do so in good faith based solely on ShopLocket’s policies. ShopLocket will not make judgments regarding legal issues or claims.
In connection with anything you submit to us – whether or not solicited by us – you agree that ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
This Agreement constitutes the entire agreement between ShopLocket and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ShopLocket, or by the posting by ShopLocket of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the province of Ontario, Canada, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Canada.
COPYRIGHT DISPUTE POLICY
Effective date: June 15, 2014
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the ShopLocket’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- (b) Identification of works or materials being infringed;
- (c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ShopLocket is capable of finding and verifying its existence;
- (d) Contact information about the notifier including address, telephone number and, if available, email address;
- (e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- (a) remove or disable access to the infringing material;
- (b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- (c) terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- (a) A physical or electronic signature of the content provider;
- (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- (c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- (d) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which ShopLocket is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, ShopLocket may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that ShopLocket may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ShopLocket's discretion.
Please contact ShopLocket at the following address: firstname.lastname@example.org.