Terms and Conditions
All users must read the Terms and Conditions before accessing and using the ShopLocal website.
By accessing and using this website you agree to be legally bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions please do not access and or use www.shoplocal.mainstreetstudio.us.
"Agreement" means these terms and conditions under which you agree to be bound in the event you access or use ShopLocal. "Disclosed information" means any and all material disclosed by the user. "Information" means any and all material contained in this website which is delivered by or on behalf of the ShopLocal or any associates thereof. "User" means you, the website user. "Website" means this website.
The user undertakes:
(a) that he or she will only view the information for his or her own private purpose and will not publish, reproduce, store or retransmit any of the information contained on ShopLocal;
(b) acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4;
(c) not to use the information or the disclosed information for any unlawful or unauthorized purpose;
(d) that he or she shall not use or interfere with the website, information or disclosed information other than in accordance with this agreement and without limitation in such a way so that all or part of the website, information or disclosed information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in anyway impaired;
(e) not to use the website, information or disclosed information in any manner which constitutes an infringement of any third party rights (including but not limited to rights of copyright trade mark or confidentiality);
(f) that he or she shall not use the website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Main Street Studio;
(g) that in the event it has any right, claim, or action against any other user or other third party arising out of the use of the website it shall pursue such right, claim or action independently of and without recourse to ShopLocal;
(h) that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the information and website shall remain vested in the ShopLocal at all times;
(i) and acknowledges that ShopLocal has no obligation to provide any information to ensure the user is able to use provide and/or access the information, the disclosed information and the website;
(j) to indemnify and keep indemnified the ShopLocal against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the information, disclosed information, website or of the user's obligations under this agreement.
3. Exclusion of Liability/Disclaimer
3.1 ShopLocal provides the website and information on an "as is" basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose.
3.2 Further, ShopLocal makes no warranty or representation about;
(a) the reliability or technical efficiency of the website;
(b) the security measures contained in the website and in particular the protection afforded to any information, disclosed information or other information and data.
3.3 ShopLocal excludes all liability (so far as is permitted by law) in respect of;
(a) any links to other websites which can be accessed via ShopLocal;
(b) any damage to the user, the users' computer hardware, software or other material or equipment resulting from the user accessing or using the website, information or disclosed information.
6. Notice And Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
Procedure For Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act (DMCA), ShopLocal / Main Street Studio has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: firstname.lastname@example.org .
Please notify us in writing and include all of the following:
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
· 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 ShopLocal / Main Street Studio to locate the material.
· Information reasonably sufficient to permit ShopLocal / Main Street Studio 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.
· 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.
· 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.
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of ShopLocal / Main Street Studio or any third party, whether by implication or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise notes, ShopLocal / Main Street Studio is the owner of all trademarks and service marks on this website, whether registered or not.
7. Amendments to Terms and Conditions
ShopLocal reserves the right to change and amend these terms and conditions from time to time. The users continued use or access of ShopLocal after such change or amendment shall be deemed to confirm the user's acceptance of any such change or amendment. It is the user's responsibility to check these terms and conditions regularly to determine whether any such amendment has been made. If the user does not wish to be bound by any revised terms and conditions he or she should stop using and accessing the website.
If any provision of this agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of this agreement.