Terms and Conditions
updated July 26, 2013
TERMS AND CONDITIONS
Welcome to ShopTab! Before using Watershed Software, LLC’S, (“ShopTab”) Service (as defined below), please carefully and thoroughly read these terms and conditions as they make up the Terms of Service Agreement (“Agreement”) which is a legal, binding agreement between you and Watershed Software, LLC, dba ShopTab.
ACCEPTANCE OF THE TERMS
By signing up for an account with ShopTab or using any ShopTab Facebook Application (ShopTab or SharedDeal) you acknowledge that you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree to this Agreement, you may not use this Service.
CHANGES TO TERMS
This Agreement may be updated by ShopTab from time to time. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, or the Service at any time without prior notice to you. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and Service.
DESCRIPTION OF SERVICE
ShopTab provides businesses and other organizations (“Organizations”) with Applications (the “Service”) that you can purchase through its web site located at www.shoptab.net (the “Site”) or through other authorized resale partners. The Services allow Organizations to showcase products, services, images, pricing and other SKU-level information (“Products”) within social networks, such as Facebook. The information that Organizations may choose to showcase using the Service includes, but is not limited to, still images, video, product descriptions, product pricing, service descriptions, service pricing, quantity available and links to e-commerce functionality on a third-party site. ShopTab does not collect any individually identifiable information from the Organization’s customers who use the Service. ShopTab does provide limited direct e-commerce functionality to the Organization or its customers via a PayPal integration but all user and payment information is secured and managed by PayPal within the client's profile.
ACCESS AND REGISTRATION
In consideration of your use of the Site and Services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to ShopTab in connection with your access to and use of the Site and Services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Service or access to the Site, or any portion or features of this Site and Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and Services, in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us.
You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account.
USE OF THE SERVICE
Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components shall remain with and belong exclusively to ShopTab. You shall not modify, adapt, reverse engineer or hack the Service or falsely imply any association with ShopTab, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. Except as expressly authorized by ShopTab in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site or its Service. You represent that any and all images supplied by your Organization for use in the ShopTab application are either owned or have a documented use rights license.
You agree that you shall not use the Service to:
- intentionally or unintentionally violate any local, state, federal or international law, rule or regulation; upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable; falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell;
- make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by ShopTab or used by ShopTab in providing the Service.
TERMS AND CONDITIONS APPLICABLE TO USER’S CUSTOMERS
You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the operation of your business. Each Organization or person using the Service is responsible for providing its own terms and conditions to its customers that will be accessing the Service to purchase the Products.
If you are using the application to connect to an external e-commerce site, you shall place the following provision in the Terms and Conditions section of your web site and require your customers to accept and agree to the Terms and Conditions as a condition to using ShopTab’s Service: “If you are accessing our web site through the StopTab feature on FaceBook or another social media or online platform, then you must agree to ShopTab’s Terms and conditions of use which can be found athttps://www.shoptab.net and your use of our site shall signify your agreement to be bound by ShopTab’s terms of service.”
Before continuing to access and use the Site and Service, you must obtain all required consents and approvals from your Company and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of the Site and Services, whether such consents and approvals are required by this Agreement, law or otherwise.
PAYMENT AND REFUNDS
The Service is made available on month-to-month basis or via an annual payment option. All plans come with an initial 7-day free trial period. You will be billed monthly starting on the day of the month (after the 7 day free trial) your account was initially created. Regardless of your billing cycle, there are no refunds or credits for partial months of service. Prices of all Services, including but not limited to monthly fees for the Service, are subject to change upon a 30 day notice from us. Such notice may be provided at any time and shall be provided by updating this Agreement.
CANCELLATION AND TERMINATION
You are responsible for properly canceling your account. You can cancel your ShopTab Service at any time following the instructions on the Refund Policy page or at this support link. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. ShopTab does not refund or prorate monthly service. ShopTab is not responsible for any decisions by Facebook or issues caused on Facebook that may impact your Facebook page(s). For security reasons, ShopTab will not cancel your account based upon a voicemail message, text chat or email request - the user must cancel their service online within ShopTab's website, as noted in the Refund Policy.
ShopTab reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service for any reason, including, if ShopTab believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities and you release ShopTab from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall ShopTab be liable to you or any third party for any modification, suspension or discontinuation of the Service.
You may choose to remove the Application from your Facebook page by clicking on “Edit Profile” in the toolbar and selecting “Edit Info” form the drop-down menu. Then select the “Apps” option on the left rail. Click the “x” next to the ShopTab Application’s name, then client “remove” again to confirm the deletion. However, this will only remove the tab from your Facebook page and you are still active with the application on ShopTab and must cancel your account through the admin panel.
ShopTab may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, ShopTab shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless ShopTab from and against any and all claims, costs (including attorney’s fees), injuries, losses or damages arising in connection with such interruption.
ShopTab respects the intellectual property rights of others and expects you to do the same. ShopTab has expended substantial time, effort, resources and funds to create the Application and Site and to develop and provide the materials, products and Services that are available through the Applications and Site. You understand and agree that ShopTab owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to the Site and the products and Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”).
You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site, Service and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of ShopTab and its licensors.
You retain all rights to any Content you submit for upload and use in ShopTab. You agree that own or have use rights to use all Content you reference or post in ShopTab. In addition, you agree to the following: When you post Content, you are committing that the Content really, truly is yours - no one else's - and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We're not responsible if it's not really yours or if you infringe on others' rights; you will be responsible if there are any costs associated with ownership and rights issues.
If you terminate your application subscription, your Content from the Site won't be used outside of the Site anymore and will hide it from search results within the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was linked or shared prior to subscription cancellation. Also, we will retain it if needed for any legal reason.
You understand that your Content is public. It can and will be seen by any user of the application on public social networks.
If you stop using the ShopTab application your Content will remain in our Site, unless you actively remove your Content. However, the rights you granted to ShopTab remain.
You agree that you will follow all use and ownership terms in Facebook’s Statement of Rights and Responsibilities. These change periodically and you should review them regularly.
Limits on Content:The Facebook and ShopTab communities are a place for people of varying ages, backgrounds and from all walks of life. Because of this, we strive to create an application inside of this community where everyone feels welcome, and thus there are limits on the types of content that can be uploaded. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn't create; or anything that is illegal. The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.
COMPLIANCE WITH LAW
In connection with your access to and use of the Site and Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of ShopTab. ShopTab does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. ShopTab disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves. ShopTab also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against ShopTab arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites.
Although ShopTab strives to make this Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and Service are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines. ALL CONENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. SHOPTAB DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. SHOPTAB DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SHOPTAB, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “SHOPTAB ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, SHOPTAB ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LESS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE SHOPTAB ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law.
You, on behalf of yourself, your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively “User Parties”) hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the ShopTab Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim User Parties may now or later have due to or arising out of your access to and use of the Content, the Site, and Services, any violation of this Agreement or any violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement. Without limiting the foregoing, to the maximum extent permitted by law, you waive all rights you and User Parties may have under California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.”
This Site was created and is presently maintained, located and controlled by ShopTab in the State of Arizona. This Agreement shall be governed by and construed under the law of the State of Arizona, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Maricopa County in the State of Arizona for the purpose of resolving any dispute relating to this Agreement, your access to or use of this Site or the Service. You agree to submit to the personal jurisdiction of the courts located in Maricopa County in the State of Arizona and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Any legal action arising out of or related to this Agreement and your access to and use of this Site or the Service must be commenced within one year after the cause of action arose or it will be forever barred.
INTERNATIONAL USERS AND EXPORT CONTROL LAWS
The Site can be accessed from countries around the world. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not a party identified in any government export exclusion list.
QUESTIONS REGARDING TERMS
Please contact us with any questions regarding this Site, the Service or this Agreement by e-mail at email@example.com.