You represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter, agree to, and abide by these Terms.
You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you, including but not limited to the FTC Endorsement Guidelines. These Terms are void and use of the Services is not permitted where such use is prohibited.
By posting your Society of Shop links on other platforms such as Facebook, Twitter, Google+, etc., you agree to abide by the terms and policies set by these platforms.
Registration and Account Security
You agree to ensure that the information you provide during registration and any other information associated with your account, including your email address and other contact information, is at all times complete, accurate, and up-to-date.
During the registration process, you will create a username and password. You understand and agree that you are responsible for maintaining the confidentiality and security of this username and password, and you are fully responsible for anything that occurs under your username and password.
You agree to notify us as soon as you become aware of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
Reservation of Rights
We reserve the right to deny or block your use of the Services and suspend or terminate your account at any time for any reason. We may from time to time modify, change, suspend or discontinue, temporarily or permanently, in whole or in part, any aspect or feature of the Services without notice to you. You acknowledge and agree that we shall not be liable to you or any third party for any such termination, modification, change, suspension or discontinuance.
Proprietary Rights; Use License
We and the respective owners retain all proprietary rights in the Services. The entire contents of the Services (the “Site Content”) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, we own the copyright in the selection, coordination, arrangement and enhancement of the Site Content. Except for Site Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Site Content. Any unauthorized use of the Site Content is prohibited. Trademarks and service marks, including, without limitation, “SOCIETY OF SHOP,” which appear on the Services are the service and trademarks of Dillweed Productions, Inc. or their respective owners. Without our or the trademark owner’s prior written permission, you agree not to display or use, in any manner, any such marks. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Services.
Subject to these Terms, we grant to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, worldwide license to access the Site Content and use the Services during the Term of this Agreement.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with notice of claims of copyright infringement (Dillweed Productions, Inc. Attn: Copyright Agent or Help@SocietyofShop.com) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A signature of a person authorized to act on behalf of the owner of the allegedly infringed right;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the allegedly infringing material or material that is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Your contact information (address, telephone number, and, if available, an electronic mail address);
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You represent, warrant and agree that you will not contribute any User Content that:
- infringes, violates or otherwise interferes with any copyright or trademark of another party;
- reveals any trade secret, unless you own the trade secret or have the owner’s permission to disclose it;
- infringes any intellectual property right of another or the privacy or publicity rights of another;
- is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or
- may contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
In connection with your use of the Services, you shall not and shall not authorize or encourage any third party to:
- directly or indirectly generate queries, referrals, impressions of or clicks on any Society of Shop Link through any automated, deceptive, fraudulent or other invalid means, including but not limited to repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
- edit, modify, filter, truncate or change the order of the information contained in any Society of Shop Link;
- frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Society of Shop Link (“Merchant Page”);
- redirect an end user away from any Merchant Page or provide a version of the Merchant Page that is different from the page an end user would access by going directly to the Merchant Page;
- create or display Society of Shop Link(s) for/on any Web page or any Web site that contains any hate-related, violent, pornographic, adult or illegal content;
- create a new account to use the Services after Society of Shop has terminated this Agreement with you as a result of your breach of this Agreement;
- engage in any action or practice that reflects poorly on Society of Shop or otherwise disparages or devalues Society of Shop’s reputation or goodwill;
- willfully post or create content disparaging a particular Merchant; or
- willfully violate the terms and conditions of any of the platforms we work with now or will work with in the future including Twitter, Facebook, Pinterest, and Google+.
You acknowledge that a violation of any of the prohibited conduct outlined in this section is a material breach of this Agreement which will result in the immediate suspension or termination of your account and our possible pursuit of any and all applicable legal and equitable remedies against you.
Each participating merchant (“Merchant”) determines its commission rate and holding period. A Merchant’s “holding period” begins when a consumer clicks through a Society of Shop recommendation to make a purchase and ends when the commission for the purchase is paid. The purpose of the holding period is to allow customers to return the purchased merchandise and to provide time to report possible fraudulent activity related to the transaction. Please be aware that accounts generating a large number of returns or transactions with fraudulent activity may be suspended immediately without notice.
Merchant participation in the Services and their commission structures may change at any time without notice. The most up-to-date listing of Merchants and their respective commission rates are listed here.
Payments shall be made in US dollars via bank check. You agree to provide Society of Shop with the information necessary to enable remittance of your earnings on the site. This information may include:
- Tax ID information
- Your full legal name
- Your complete address
Earnings will appear in your account as they are earned. Eligible commissions will be paid at the end of the month, following the applicable Merchant’s holding period. Accounts generating a large number of returns or transactions with fraudulent activity may be suspended immediately without notice.
If the amount of commission due to you is less than $25 in any month (the “Minimum Threshold”), that amount will be carried over and aggregated with the subsequent month's commission and paid when the cumulative amount exceeds the Minimum Threshold.
You can only earn commissions during the term of this Agreement. Any commission earned prior to the date of termination will remain payable only if the related amounts are not disputed or subject to a Chargeback.
Commission is a payment made by us to you. Accordingly, you are responsible for paying any and all tax related to your earnings through Society of Shop.
You agree to indemnify and hold us, our affiliates, officers, agents, Merchants 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 Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties contained herein. You are solely responsible for your interactions with any third party website in connection with the use of Society of Shop Links.
Disclaimer; Limitation of Liability
We are not responsible for incorrect, incomplete, or inaccurate content or information posted through the Services, whether caused by users, Merchants or by any of the equipment or programming associated with or utilized in the Services.
WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICES. OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE SERVICES (REGARDLESS OF THE BASIS), SHALL NOT EXCEED THE COMMISSION AMOUNTS PAID TO YOU IN THE PREVIOUS TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
Third Party Services
You may be provided links to other websites or resources through the Services. When you access any third party sites through the Services, you do so at your own risk. You acknowledge and agree that we shall not 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 content, goods or services available on or through any such site or resource. The inclusion of any link to any third party website or service on the Services does not imply endorsement by us or any association with its operators.
Any dispute arising from your use of the Services shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions, and you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Massachusetts, in Middlesex County, for the resolution of any such dispute.
If you are dissatisfied with or do not agree to abide by any updated Terms of Service, your sole remedy should be to close your account on Society of Shop and discontinue use of our Services. If you close your account, the Society of Shop Links associated with your name will be marked as Anonymous and be disassociated with your account.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. These Terms will remain in effect even after your use of the Services ends. You and we are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective partners. You will have no authority to make or accept any offers or representations on our or our partners’ behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
Please contact us at Help@SocietyofShop.com with any questions regarding these Terms.
Last modified: March 4, 2013