Last Updated: July 17, 2013
Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of shopstarter.com, shopstarter.org, and any other subdomains and/or domains operated by Shopstarter (cumulatively "Website"), you agree to be bound by these Terms of Service. These Terms of Service apply to all Users. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age, or the age of majority in the relevant jurisdiction, and you have given us your consent to allow any of your minor dependents to use this site.
Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Shopstarter and our Shops are hosted on Microsoft Azure using the secure technologies that they provide.
The terms in this section shall be defined as follows:
Reservation of Rights.
We reserve the right to refuse service to anyone for any reason or no reason, and may refuse service at any time and without prior notice. Your content and information, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We adhere to all legal and industry standards regarding encryption of credit card information. You agree that, prior to using any content from the Site, which includes but it not limited to photos, text or screenshots, that you will obtain the consent of Shopstarter.
All headings herein are included to assist the reader in navigating this Agreement and such headings have no meaning and may not be read into the Agreement to modify its terms.
Payment for Delayed Pre-Orders.
Customers placing Orders of delayed pre-orders may be required by Shops to provide payment information and/or place monies in escrow to be released when the Order is ready to be fulfilled. Except in the event of fraud or breach of contract on the part of the Shop, Customers will be required to pay for all such Orders. Shopsharter reserves the right to review Customer complaints of Shop breaches of contract and/or fraud and take action against Shops for such breaches of the Terms.
Accuracy of Information.
Shopstarter is a forum where Shops and customers interact, and Shopstarter is not responsible for the content posted by Shops. We are not responsible if information made available on this site is not accurate, complete or current. Users understand and covenant that the information on Shopstarter is general in nature and customers should perform their own due diligence by, for instance, contacting Shops with questions regarding Orders. Customers understand that reliance on information herein is caveat emptor. This site may contain information that is included for reference or nostalgia purposes. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. It is your responsibility to monitor the site for changes.
Modification of Information.
Information about products and prices for our products are subject to change without notice. You agree that we are not liable for any such change, regardless of its impact on you. We will attempt, but are not obligated, to relay any changes we determine important to you with sufficient time to react. You agree that it is your responsibility to stay abreast of changes made to the site.
Representations and Warranties of Products and Services.
Our products or Services, including those offered by Shops (e.g. Orders), may have limited quantities and are subject to return or exchange only according to our Refund Policy or the respective return policy offered by the Shop. We have made every effort to ensure that Shops display accurate information, but we cannot and do not guarantee their representations. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, but in no event will we restrict sales on the basis of race, gender, or national origin. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us; Shops may also limit or discontinue product offers at any time and without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that any particular product or service offered herein is fit for a special purpose and should only be used for the intended purpose as marketed by the Shop, but such dispute is one between you and Shop, in any event.
Accuracy of Account Information.
We reserve the right to refuse any Order you place and may, in our sole discretion and for any reason or no reason, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all Orders. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review the Refund Policy of the Shop with which you transacted.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new tools through the website, which shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Comments and Submissions.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Shopstarter is a platform that allows Shops to market to Users, during which time Shops may post content to which they own intellectual property rights. Users do not forfeit any intellectual property rights by using Shopstarter, except Users agree to grant Shopstarter a license to use such intellectual property in connection with providing and maintaining the website and its Service.
Errors and Omissions.
There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. Such errors and omissions may affect product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, and others. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You shall not: (i) take any action that imposes or may impose (as determined by the Shopstarter in its sole discretion) an unreasonable or disproportionately large load on the Shopstarter's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Shopstarter may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Service.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
No Privity of Contract.
Shopstarter is a platform that allows Customers and Shops to enter into two-party legal agreements to make Orders from Shops. Shopstarter is not a party to any agreement between a Customer and a Shop; such includes, but is not limited to, any Order made via Shopstarter. As such, there is no privity of contract between Customers and Shopstarter other than these Terms. Customers covenant and agree to use due diligence in making Orders. Customers may find protection under numerous consumer protection laws of various jurisdictions, but Customers covenant and agree that to the extent these laws require privity of contract between a Customer and Shopstarter.
Shopstarter does its best to screen Orders for fraud and to ensure that all Shops provide true and accurate information, but Customers covenant and agree that the doctrine Caveat Emptor, or "Buyer Beware", governs all transactions. Shopstarter is a platform that seeks to bring together Customers and Shops and makes no representations regarding the quality or representations of Orders listed by Shops on Shopstarter. Customer understands and agrees that Shopstarter shall not be deemed liable for the negligence of Shops, for any misrepresentations made by Shops, or otherwise.
To claim a Shop on Shopstarter, you must be the owner, or legal third party hired by the owner, of the items, trademarks, patents, trade secrets, copyright, or other rights needed to publicly list, collect money and profit from them. We may require you to validate your identity via other services and reserve the right to revoke your shop privileges for non-compliance or a failure to identify yourself to our satisfaction. Generally, such a request for identification should be complied with within 48 hours, failure to do so will result in revocation of your Shop. By claiming a Shop on Shopstarter, you agree that you are the true owner of that Shop and not a front for another individual, entity or trust.
Rules Governing Shop Operation.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service or the law. The Service is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:
Shops agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Shop's advertisement, or is not related to fulfilling delivery of a product or service explicitly specified in the Shop.
You are responsible for paying all fees and taxes associated with your use of the Service. While Shopstarter is free, there may be fees and taxes associated with Orders.
Disclaimer of Warranties.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Shopstarter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Shopstarter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or any part thereof.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Choice of Law and Forum.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Ontario, Canada and shall be litigated exclusively in the courts of the Province of Ontario, Canada. If in the United States, the laws of the Province of Ontario shall govern all disputes, but such disputes shall be litigated in the State of Michigan, Wayne County.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us using the feedback form.