Shop My Porch, Inc.
TERMS OF SERVICE
Last modified: October 1, 2021
Thanks for using the Shop My Porch social media and ecommerce platform (our “Platform”) that matches homebased artisans and other providers of goods and services (our “Makers”) with buyers for those goods and services (our “Shoppers”) both on a hyperlocal basis and, for Makers that are willing to ship their offerings, on a regional, national and international basis. We offer the Platform through our mobile application, our website and various social media groups including our Facebook groups, and through in person events. We refer to the Platform and any of our other software, applications, products or services, both online and in person, that we may offer from time to time herein as the “Services”. Our Services are provided by us – and when we say “us” or “we” that means Shop My Porch, Inc., a Delaware corporation (which we refer to as “Shop My Porch” or the “Company”) with an address at 12463 Rancho Bernardo Road #209, San Diego, CA 92128.
By using our Services, you are agreeing to these Terms of Service (which we refer to as the “Terms”). Please read them carefully. Please be aware that we may add other features to our Services, so sometimes additional terms or product requirements (including age requirements) will apply. Additional terms will be available with the relevant Services, and those additional terms will become part of your agreement with us, along with these Terms, if you use those Services. We may supplement these Terms with our policies and guidelines, such as the group rules which we provide on our social media group pages.
These Terms are between you and Shop My Porch, and not with any “External Service” (as described in Section 3). These Terms do not modify any terms or conditions to which you are subject with any External Service. Notwithstanding the foregoing, the External Services, and their respective subsidiaries, are third party beneficiaries of these Terms and, upon your agreement to these Terms by using our Services as described above, the External Services will have the right (and be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Please note that Section 14 (Disputes with Shop My Porch) contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any other sorts of representative actions.
You must follow any rules and policies made available to you within the Services. We ask in particular for you to be aware of the following:
You may need to create an account with us (which we refer to as your “Account”) and/or purchase a subscription (“Subscription”) in order to use certain of our subscription products or Services (“Subscription Services”). These are the terms and conditions that govern Accounts, Subscriptions and Subscription Services. By purchasing, accessing and/or using a Subscription Service, you agree to be bound by these terms and conditions:
Shop My Porch is a marketplace comprised of third-party makers who run their own “porches,” create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a platform, but Shop My Porch does not manufacture goods, hold inventory, or ship items on behalf of our makers. The content uploaded on Shop My Porch's platform is generated by independent makers who are not employees, agents, or representatives of Shop My Porch. Makers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Shop My Porch reserves the right to delete or disable any listing, shop, or Account that we believe violates these Terms, including additional policies with respect to intellectual property, prohibited items, rules regarding third party links or other rules that we may adopt from time to time. Shop My Porch also reserves the right to take action against abusers of these Terms or other third party’s intellectual property rights.
Shop My Porch can’t speak on behalf of intellectual property owners, nor is Shop My Porch in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Shop My Porch will remove material cited for alleged intellectual property infringement when provided with a proper notice. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us by emailing email@example.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
Some of our Services may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. However, when you upload, submit, store, send or receive content to or through our Services, you give Shop My Porch (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
As we further develop our Services, we may adopt automated systems which analyze your content (including comments) to provide you personally relevant Services and product features, such as customized search results. This analysis occurs as the content is sent, received, and when it is stored.
If you have an Account, we may display your profile name, profile photo, and actions you take on Shop My Porch or on third-party applications connected to your Account in our Services, such as products you post for sale or purchase, or comments you post. This could include displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Account.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Shop My Porch gives you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the software provided to you by Shop My Porch as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Shop My Porch, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.
As between you and Shop My Porch, you acknowledge that Shop My Porch retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. Shop My Porch, its logo, as well as certain other Shop My Porch trademarks, service marks, graphic, and logos, are the registered trademarks or trademarks of Shop My Porch. The Services may also contain third-party trademarks, service marks, graphics and logos. The Services are owned and/or licensed by Shop My Porch and are protected by the laws of the United States and other countries in which the Services are made available. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, Shop My Porch does not grant any express or implied right to you under any Shop My Porch-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
Shop My Porch is fortunate to have a vibrant and active user community that shares our passion for our platform, and our drive to constantly improve our Services. While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners. By submitting any ideas, feedback and/or proposals to Shop My Porch regarding the Services (“Feedback”), you expressly acknowledge and agree that: (a) Shop My Porch is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) Shop My Porch may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant Shop My Porch a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release Shop My Porch from any and all liability and claims that may result from or are related to the rights to the Feedback.
We are constantly changing and improving our Services, including our Subscription Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We may also change our Fees as described in Section 3.
You can stop using our Services at any time, although we’ll be sorry to see you go. Shop My Porch may also stop providing Services to you, or add or create new limits to our Services at any time, subject to our obligations with respect to Subscriptions.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
You understand that Shop My Porch does not manufacture, store, or inspect any of the items sold through our Services. We provide the platform for makers and buyers, but the items for sale on Shop My Porch are produced, listed, and sold directly by independent makers, so Shop My Porch cannot and does not make any warranties about their quality, safety, or even their legality. We also don’t confirm whether any maker has all the proper licenses to make and sell their goods, including for example whether someone producing a food item has complied with all local regulations regarding the production and sale of food. Any legal claim related to an item you purchase must be brought directly against the maker of the item. You release Shop My Porch from any claims related to items sold through our Services, including for noncompliant, spoiled, broken or otherwise defective items, misrepresentations by makers, or items that caused physical injury, illness or death (including all types of personal injury, wrongful death or any other type of product liability claims).
You may come across content and materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Shop My Porch is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Shop My Porch, and not any External Service, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ANY APPLICABLE ADDITIONAL TERMS, NEITHER SHOP MY PORCH NOR ITS SUPPLIERS OR DISTRIBUTORS, INCLUDING EXTERNAL SERVICES, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, SHOP MY PORCH, AND SHOP MY PORCH’S SUPPLIERS AND DISTRIBUTORS, INCLUDING EXTERNAL SERVICES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOP MY PORCH’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL SHOP MY PORCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF SHOP MY PORCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
IN ALL CASES, SHOP MY PORCH, AND ITS SUPPLIERS AND DISTRIBUTORS, INCLUDING EXTERNAL SERVICES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business or other type of entity, like an entity that a maker uses to operate its business, that business or entity accepts these Terms. It will hold harmless and indemnify Shop My Porch and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to its use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If you’re upset with us, please let us know. We hope that we can resolve your issues quickly and fairly. If we can’t, then these rules will govern any legal dispute involving our Services:
If you have any questions or suggestions about these Terms, do not hesitate to contact us at firstname.lastname@example.org.