"Affiliates" refers to companies and divisions under the ownership of ShopSpell or that own ShopSpell.
"Buyer" shall mean a User who purchases through the Website.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Seller" shall mean a User who sells through the Website.
"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
"your use of this/the Website" shall include, without limitation, (i) the use, delivery, functionality, quality, merchantability, safety, legality, condition, or return policy of products offered or sold by Sellers; (ii) the proper payment by or identification of Users; or (iii) any acts or omissions by Users or ShopSpell resulting from Users accessing or utilizing the Website.
ShopSpell is an online marketplace which facilitates the Users to offer, buy and sell products and goods related to Indian culture. ShopSpell is not directly involved in the transaction between Buyers and Sellers, does not verify any User's identity, has no control over Buyers, Sellers or other Users, and does not endorse, verify or otherwise certify the products or information submitted by any User, including but not limited to the quality of goods and the accuracy of User submitted data, text, information, images, items and links. You agree and acknowledge that ShopSpell shall not be required to monitor or exercise any editorial control whatsoever over the User submitted content created, obtained or accessible through the Website. All usage of the Website is at your own risk.
Prior to ordering any products on or through the Website you are required to create a new account or login as a registered user. Only individuals who are 18 years and older and who can form legally binding contracts under applicable law may register for an account on the Website. Upon registration, you will be asked to provide your name, email address, and mobile number. You will then be asked to create a password for your login account, which will be set up with your email as your username. You may also be offered the opportunity to submit additional information, such as a profile image. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information, and you represent and warrant that you are at least 18 years old. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time on your profile page, available at www.shopspell.com/your-account.
You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number. To sell items on ShopSpell, you must provide and maintain valid payment information at all times. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
All sales are binding. The Seller is obligated to ship and complete the order with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Site cannot authenticate the Buyer's identity or the Buyer's credit card information is denied. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Buyer is responsible for paying all fees and applicable taxes associated with all purchases made through ShopSpell.
Returns and Shipping
The return policy and shipping terms of your purchase from a Seller shall be as set forth on that Seller's return policy. Buyers are responsible for reviewing the Seller's return policy and shipping terms prior to transacting with that Seller. The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.
Correctness of Your Order
ShopSpell shall not be responsible for the correctness of your order from a Seller. ShopSpell makes no representations or warranties whatsoever with respect to the accuracy of information provided by a Seller, nor does it represent or warrant that your order will be shipped to you timely or that the item or product you ordered will conform to the specifications set forth in your order.
As permissible by applicable law, in the event you incur any losses, damages, costs or expenses as a result of your or another person's order from a Seller or relying on any information or content provided by a Seller, you agree that you will not file any claims, actions or other proceedings against ShopSpell or any of its Affiliates or join ShopSpell or any of its Affiliates as a co-defendant in any such claims, actions or other proceedings.
User Submitted Content
Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. User submitted content, in addition to the other restrictions set forth herein:
Additionally, you grant ShopSpell a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the content you submit to ShopSpell in any existing or future media, known or unknown, now or at any later date. User represents and warrants that User owns or otherwise controls all of the rights to the content it submits to ShopSpell and that the use of such materials by ShopSpell will not infringe upon or violate the rights of any third-party.
The Website and its services are intended to facilitate the offering for sale of Indian cultural products between Users. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website.
You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be 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 ShopSpell to locate the material; (4) information reasonably sufficient to permit ShopSpell to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
P.O. Box 233
Wharton, NJ 07885
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance 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.
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and ShopSpell, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. ShopSpell shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website. ShopSpell makes no representations or warranties regarding any opportunities found via the Website. Any such opportunities and information are provided "as is", except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and ShopSpell or with respect to warranties that may be provided by the provider of the opportunity, if any.
Disclaimer of Endorsement and Liability
The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, do not necessarily state or reflect those of ShopSpell. ShopSpell does not endorse or recommend, and assumes no responsibility or liability for any actions or representations of any User, company or information contained on the Website, nor do we guarantee or assume liability for the accuracy, completeness or usefulness of any information maintained by us. The information set forth on this Website is based on information provided to us by our Users, has not been reviewed or verified by us, and is provided "as is" without any express or implied warranty of any kind or nature.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. SHOPSPELL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES THAT ARE OFFERED FOR SALE ON THE WEBSITE. REPRESENTATIONS AND WARRANTIES REGARDING PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE, IF ANY, ARE MADE SOLELY BY THE SELLERS OF SUCH PRODUCTS OR SERVICES.
SHOPSPELL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT SHOPSPELL ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. SHOPSPELL DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND SHOPSPELL MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER SHOPSPELL NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SHOPSPELL AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOPSPELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED HEREIN, A USER MAY SEEK LEGAL OR REMEDIAL ACTION DIRECTLY FROM ANOTHER USER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF SHOPSPELL TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH SHOPSPELL SHALL BE LIABILE SHALL BE LIMITED TO THE COST OF THE ITEM(s) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE.
Release and Indemnification
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information
ShopSpell cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. ShopSpell does not assume any responsibility or risk for your use of the Internet, nor does ShopSpell assume any responsibility for any products or services of, or hyperlinks to, third-parties.
Copyright © 2016 - 2018 ShopSpell, LLC.