GROUP SHOP MERCHANT TERMS
Last Updated: 1 July 2021
By clicking "I Accept" or by using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org
The Services are a neutral marketplace that enables communication and transactions between Users and Merchants. As a provider of a neutral marketplace, Group Shop does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listed Products or other products and/or services. When a User purchases Listed Products, he, she, or it is entering into a contract directly with the Listing Merchant, not Group Shop, and Group Shop not and does not become a party to, or other participant in, any contractual relationship between Users and Listing Merchants (or, for clarity, contractual relationships between Users and Retail Merchants). Group Shop is not acting as an agent in any capacity for any User or Merchant.
We have no control over and do not guarantee (a) the existence, quality, safety, suitability, legality, performance, or functionality of any Listed Products, (b) the truth or accuracy of any descriptions, ratings, or reviews of any Listing Merchants or Listed Products, or (c) the performance or conduct of any Merchants, Users, or third parties. We do not endorse any Merchants or Listed Products. Without limiting the foregoing, Group Shop assumes no liability or responsibility for damages associated with any Merchants, Listed Products, and/or Users, or resulting from any other transactions between Users and Merchants.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for any and all activities that occur in connection with your account, whether or not you authorized those activities. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Each time you host Listed Products on your online storefront using the Services, you will, subject to these Terms, be eligible to receive a credit on the Services entitling you to one (1) placement, via the Services, of your products on another Retail Merchant online storefront (each, a "Credit"). We will automatically redeem your Credits (i.e., apply your Credit and place your products on another Retail Merchant online storefront) as soon as another Retail Merchant online storefront becomes available for placement of your products. Until they are redeemed, earned Credits will appear in your account. Credits may not be exchanged for cash and have no cash value. We may, in our sole discretion, remove Credits from your account or cease issuing Credits with or without notice to you. For clarity, when your products are listed on a Retail Merchant online storefront using a Credit, all terms applicable to Listing Merchants are applicable to you.
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, User Data, and other materials (collectively, "Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Group Shop.
You grant Group Shop a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content (except for Trademarks, as defined below) and any name, username or likeness provided in connection with such Content in all media formats and channels now known or later developed without compensation to you.
You grant to Group Shop a nonexclusive, royalty-free, worldwide, fully paid, license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform and display your name, logo, trademark, trade names, service marks, logos, and other distinctive brand features (collectively, "Trademarks") on our Services in order to identify you as a customer of the Services and for purposes of providing the Services.
You may not create, post, store or share any Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content or make available any products and/or services (including, as applicable to Listing Merchants, Listed Products) that:
Enforcement of this Section 7 is solely at Group Shop discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Group Shop or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services solely as necessary to exercise your rights hereunder. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Group Shop and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Group Shop and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Group Shop or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Group Shop's sole discretion. You understand that Group Shop may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Merchants who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Group Shop's designated agent as follows:
Designated Agent: Maddy Sukoru
Address: 6380 Wilshire Blvd #1106
Los Angeles, CA 90048
Telephone Number: 310-242-3325
E-Mail Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Group Shop for certain costs and damages.
We may provide information about third-party (i.e., non-Merchant) products, services, activities or events, or we may allow third parties (i.e., non-Merchants) to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Group Shop does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Group Shop and our officers, directors, agents, partners and employees (individually and collectively, the "Group Shop Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your Content, products and/or services (including, as applicable to Listing Merchants, Listed Products), or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with Group Shop Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Group Shop Parties will have control of the defense or settlement, at Group Shop's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Group Shop or the other Group Shop Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Group Shop does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Group Shop attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, Group Shop and the other Group Shop Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Group Shop or the other Group Shop Parties have been advised of the possibility of such damages.
The total liability of Group Shop and the other group Shop Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100.
The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Group Shop or the other Group Shop Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, California.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").
6380 Wilshire Blvd #1106
Los Angeles, CA 90048
The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):
These Terms constitute the entire agreement between you and Group Shop relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 1, 7, 10, 13, 14, 15, 16, 19 and 20 survive any expiration or termination of these terms. The failure of Group Shop to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.