ShopBuddy Terms

ShopBuddy Terms of Service

Turnkey Web Tools, Inc. ("TWT") d/b/a ShopBuddy ("ShopBuddy") application enables businesses to activate a powerful social media marketing plan. The ShopBuddy application enables businesses to easily upload products, images, links, and text and build Facebook pages without writing a single line of code. By using any of the software, applications or Web sites (collectively, "Services") offered by ShopBuddy, you (as the account owner) agree to be bound by the following terms and conditions ("Terms of Service" or "Agreement"). ShopBuddy reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such change(s) shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at: http://shopbuddy.sunshop.com/terms/

Violation of any of the terms and conditions below will result in the termination of your account. While ShopBuddy prohibits certain conduct while using the Services, you understand and agree that ShopBuddy cannot be responsible for content posted by you or other users of the Services ("User Content"). You agree to use the Services at your own risk.

Account Terms

1. ShopBuddy is not responsible for and does not endorse or accept any responsibility for the contents of or your use of the Facebook site. ShopBuddy makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by you, Facebook or others not affiliated with ShopBuddy.

2. You agree to be bound by Facebook's Statement of Rights and Responsibilities (as such may be amended or modified from time to time), which is incorporated by reference herein and can be found at: http://www.facebook.com/terms.php or such other site as Facebook may set forth.

3. ShopBuddy does not imply, represent or warrant, by virtue of providing the ability to build Facebook pages, that ShopBuddy holds or grants any license to use any text or graphics provided by Facebook or others not affiliated with ShopBuddy. Further, your use of information obtained through the Services may be subject to restrictions imposed by one or more third-party copyright owners, including service providers to ShopBuddy, and you agree that you shall comply with any such restrictions.

4. For content that is covered by intellectual property rights (e.g. photos, videos , digital images and any other type of data) (collectively "IP Content"), you grant ShopBuddy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the use of the Services ("IP License"). This IP License ends when you delete your IP Content or your account, unless your IP Content has been shared with others, and they have not deleted it. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you acknowledge that deleted content may persist in backup copies for a reasonable period of time.

5. When you create or administer a page on Facebook, you also agree to Facebook's "Pages Terms" (as such may be amended or modified from time to time) located at http://www.facebook.com/terms_pages.php or such other location as Facebook may set forth, and incorporated herein by reference.

6. You must be 13 years or older to use the Services.

7. Accounts registered by "bots" or other automated methods (including use of scripts or web crawlers) are not permitted.

8. In order to use the Services you will be required to provide your legal full name, a valid email address, credit card for purposes of payment, and any other information requested as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to ShopBuddy will always be accurate, correct and up to date.

9. Your login information shall not be used by another person (i.e. - a single login shared by multiple people is not permitted). You may create separate logins for as many people as necessary.

10. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. Therefore, you agree that you will be solely responsible to ShopBuddy or its affiliates for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TWT immediately:

By email: shopbuddy@sunshop.com

By mail:

ShopBuddy c/o Turnkey web Tools, Inc.
11622 El Camino Real, Ste. 100
San Diego, CA 92130
Telephone: +1-858-524-7606

11. If you are using a free account, you are not permitted to block advertisements that may be displayed while you are using the Services.

12. One person or legal entity may not maintain more than one free account.

13. You may not use the Services for any illegal or unauthorized purpose. You must not, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from the United States or other relevant countries, etc.).

14. You expressly understand and agree that ShopBuddy 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 (even if ShopBuddy has been advised of the possibility of such damages), resulting from your use of the Services or your use of third-party products or services accessible via the Services.

15. Abuse or excessively frequent requests to access or use the Services, may result in the temporary or permanent suspension of your access to the Services. ShopBuddy, in its sole discretion, will determine whether there has been abuse or excessive usage of the Services. ShopBuddy will make a reasonable attempt via email to warn you prior to suspending your account.

16. ShopBuddy reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services (or any part thereof) with or without notice.

17. When you visit shopbuddy.sunshop.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on the shopbuddy.sunshop.com site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with this Agreement and any other relevant ShopBuddy policies, such as the ShopBuddy Privacy Policy (incorporated by reference and found at http://shopbuddy.sunshop.com/privacy/), ShopBuddy grants you a non-exclusive, non-transferable, revocable, non-sublicensable license right to access and use a compatible Web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for the purpose of building Facebook Web pages using the Services. You agree not to use the Services for any other purpose.

You acknowledge that in providing the Services, ShopBuddy uses documents, software and other works of authorship, and other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets (collectively the "ShopBuddy Technology") and that the ShopBuddy Technology is covered by intellectual property rights owned or licensed by TWT. Other than as expressly set forth in this Agreement, no license or other rights in the ShopBuddy Technology are granted to you and all rights not expressly granted to you are expressly reserved. You agree not to modify, create derivative works of, translate, reverse engineer, decompile, disassemble the Services or otherwise recreate or gain access to the source code of the Services.

You further agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party; or (ii) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics or (c) copy any ideas, features, functions or graphics of the Services.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card may be required for set up of all accounts regardless of whether the account is free for purposes of verifying User identify.

2. ShopBuddy extends a 14-day unconditional money-back guarantee with each of our paid plans. This service guarantee shall begin upon the creation of the ShopBuddy account and shall expire fourteen days later. Upon submission of the cancellation, the account shall be immediately terminated and all fees, including setup, shall be credited to the client's credit.

3. Charges for access to the Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of use of the Services, upgrade/downgrade refunds, or refunds for months unused within an active account.

4. All charges for access are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in addition to your monthly access account fees, excluding only United States (federal or state) taxes when applicable. You agree that we may add such charges to your credit card for payment as part of your monthly account fees.

5. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate. In the case of upgrades, you will be billed for the new plan immediately and a prorated credit will be apply to the new plan price. Your plan and access fees will be adjusted automatically based upon data thresholds as set forth in the plan pricing.

6. Downgrading your Services may cause you to lose access to certain content or features of your account or the Services. ShopBuddy does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email, other than to the address set forth in this Section 1, or phone request to cancel your account shall not be considered cancellation of your account or termination of the terms of this Agreement. You can cancel your account at any time by submitting a cancellation request in the form of a support ticket by clicking the "Support" tab on the ShopBuddy website or by sending an email to shopbuddy@sunshop.com with the instructions to cancel your account, including your name and the user name on the account.

2. All of your User Content and account information will ultimately be deleted from our system after cancellation of the account. This information cannot be recovered once your account is cancelled.

3. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately; however, the ShopBuddy applications will remain functional through the end of your current monthly billing period.

4. ShopBuddy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other ShopBuddy Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your account with no refund, or your access to your Account, and the forfeiture and relinquishment of all User Content in your account. ShopBuddy reserves the right to refuse to provide any of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

1. Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 day notice by us. Such notice may be provided at any time by posting the changes to the ShopBuddy Web site (shopbuddy.sunshop.com) or such other method as chosen by ShopBuddy and/or via a software application we offer.

2. ShopBuddy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services. By utilizing the Services of this Agreement you accept the terms herein and agree to waive your right to file a claim for losses, damages, etc. against ShopBuddy and its affiliates for any such changes.

Copyright and Content Ownership

1. All User Content posted on the Services must comply with U.S. copyright law. You are responsible for adhering to our copyright infringement notification process located at the bottom of this page.

2. We claim no intellectual property rights over the material or content you submit, post or display, on or through the Services. Your account information and the materials or content you upload while using the Services remain yours. By using our Services to publish a page or profile on Facebook or another social media site, and agreeing to these Terms of Service, you grant ShopBuddy the non-exclusive right and license to use captured images and other data from your page or profile for promotional or marketing purposes. By granting this right you agree that ShopBuddy and its affiliates have a license to use this material or content for the sole purpose set forth in this Section. In addition, by setting your pages to be shared publicly, you agree to allow others to view and share your User Content.

3. ShopBuddy does not pre-screen User Content, but ShopBuddy and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services.

4. Unless written permission is provided by TWT, nothing in this Agreement gives you a right to use any of TWT trade names, trademarks, services marks, logos, domain names, or other distinctive brand names.

5. TWT is the copyright owner of all content on the shopbuddy.sunshop.com site. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the shopbuddy.sunshop.com site without express written permission from TWT.

General Conditions

1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.

2. Technical support is only provided to paying account holders and is only available at the levels offered for the specific account plan that you have signed up for.

3. You understand that ShopBuddy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. These vendors and partners may have access to User Content, profile pages, account information or any other information submitted via the Services.

4. You shall not modify, adapt, access without authorization or hack the Services or modify another Web site so as create the impression that it is associated with the Services, ShopBuddy, or any other entity affiliated with ShopBuddy.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of ShopBuddy.

6. We may, but have no obligation to, remove User Content or other information and accounts containing any information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ShopBuddy user, customer, employee, member, or officer will result in immediate account termination with no refund.

8. You understand and agree the technical processing and transmission of the Services, including your User Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.

10. You must not transmit any worms or viruses or any code of a destructive nature.

11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by ShopBuddy) of other ShopBuddy customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.

12. ShopBuddy does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

13. You expressly acknowledge and agree that ShopBuddy 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 (even if ShopBuddy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.

14. The failure of ShopBuddy to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. The Terms of Services constitutes the entire agreement between you and ShopBuddy and govern your use of the Services, superseding any prior agreements between you and ShopBuddy (including, but not limited to, any prior versions of the Terms of Service)

Notification of Copyright Infringement Claims

TWT and its US affiliates comply with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. 512), copyright owners have the right to notify TWT, if they believe that an account user of a ShopBuddy application has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to ShopBuddy's designated copyright agent for receiving such notifications.

By email: shopbuddy@sunshop.com

By mail:

ShopBuddy
c/o Turnkey web Tools, Inc.
11622 El Camino Real, Ste. 100
San Diego, CA 92130
Telephone: +1-858-524-7606

To be effective, the notification of claimed infringement must be a written communication and must include the following information:

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. A list identifying the material(s) 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 sufficient to permit ShopBuddy to locate the material.

3. Information reasonably sufficient to permit ShopBuddy to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.

4. A statement that the complaining party has 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.

5. 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.

Jurisdiction

The Services were created and is presently maintained, located and controlled by TWT in the State of California. This Agreement shall be governed by and construed under the law of the State of California, 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 San Diego County in the State of California for the purpose of resolving any dispute relating to this Agreement, your access to or use of the Services. You agree to submit to the personal jurisdiction of the courts located in San Diego County in the State of California 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 the Services must be commenced within one year after the cause of action arose or it will be forever barred.

International Users and Export Control

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

Please contact us with any questions regarding this Agreement by e-mail at shopbuddy@sunshop.com.