JoeShopping.com Terms of Use

JoeShopping, Inc. ("JoeShopping") operates this Site to provide online access to information about the content, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement."

JoeShopping reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about JoeShopping and/or its Sponsor's products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. JoeShopping reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of JoeShopping. JoeShopping neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with JoeShopping.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by JoeShopping of the third party, the third-party web site, or the information contained therein. JoeShopping is not responsible for the availability of any such web sites. JoeShopping is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of JoeShopping affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site

You may not mirror or frame the home page or any other pages of this Site on any other web site or web page without JoeShopping's authorization.

6. Downloading Files

JoeShopping cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software

Any software available for download via the Site is the copyrighted work of JoeShopping and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Sweepstakes and Contest

From time to time the Site may offer you the ability to enter sweepstakes and contests. These promotions are governed by an additional set of rules.

9. Disclaimer of Warranties

JOESHOPPING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. JOESHOPPING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. JOESHOPPING DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. JOESHOPPING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

10. Limitation of Liability

IN NO EVENT WILL JOESHOPPING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF JOESHOPPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless JoeShopping, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

12. Use of Status Update, Message Boards, Blog and Other Social Features

You agree to use status update, message board, blog or other social features or communication facilities (the "Forums") only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Impersonate others through our services in a manner that does or is intended to mislead, confuse, deceive, or harass other.
Use our service for any unlawful purposes or for promotion of illegal activities.
Use our service for purpose of spamming other users.
Posting photos of nudity or anything else that is vulgar is not allowed. Such photos may not be used for a profile picture or anywhere else on the website.
You may not publish or post material that promotes hate toward any groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
You may not publish or post content that disguises the content of a link in a misleading or deceptive way.
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
You may not publish or post other people's private, confidential or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.

You acknowledge that the Website is public and not private communications. Further, you acknowledge that status update, message board, blog or other social features by other users are not endorsed by JoeShopping, and such communications shall not be considered reviewed, screened, or approved by JoeShopping. JoeShopping reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation status update, message board, blog or other social features. JoeShopping reserves the right to deny in its sole discretion any user access to this website or any portion thereof without notice. JoeShopping reserves the right to immediately terminate your account without further notice in the event, in its sole judgment, you violate these Terms. Furthermore, JoeShopping reserves the right to view any private content or other content that you designate as "friends only" if JoeShopping has reason to believe you are violating these Terms.

13. Privacy

Click here to see the Site's Privacy Policy.

14. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. Additional considerations: 1) - You may not sell or transfer JoeShopping accounts; 2) If your JoeShopping account has been disabled, you may not create a new account without the written permission of JoeShopping; 3) JoeShopping reserves the right to delete inactive accounts at anytime in its sole discretion; and 4) JoeShopping reserves the right to disable accounts without notice and for any reason, including but not limited to, spamming, behavior that detracts from the experience of other users on the site, and cheating in sweepstakes or contests.

Individuals may have only one JoeShopping account. You may also have one or more business accounts but these accounts may not redeem JoeShopping Rewards.

Posting low quality content in order to earn JoePoints may result in points being taken away or a banning or deletion of your account, depending on the level of abuse. Examples of low quality content include, but are not limited to: Writing very short product reviews or blog posts that provide little or no useful information; Posting Hot Deals where you made little or no attempt to post a quality deal; Posting fake coupon codes. This also applies to abusing the Refer-A-Friend system (referring fake people, asking people to sign up so you can get referral points and then never use the site again, etc.). JoeShopping, Inc. will, in its sole discretion, determine if you violated our guidelines and impose any penalty. JoeShopping's decision is final.

15. User Supplied Information

JoeShopping does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give JoeShopping the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

16. Username and Password Security

JoeShopping reserves the right to change your username at any time. Your username may not be the name of a person who is not you or exclusively a brand or company you do not own. If you register to become a member of the Site, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

17. General Provisions

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by JoeShopping of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. JoeShopping therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. JoeShopping does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, JoeShopping's Privacy Policy, your use of the Site, any other JoeShopping web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

18. DMCA Copyright Notice / Claims of Copyright Infringement

JoeShopping is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by JoeShopping that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

If you believe your copyright material is being used on this website without permission, please notify the designated agent at:

Physical Mail
JoeShopping, Inc.
30 S. Main Street
New City, NY 10956

With a copy to:
Adam Z. Solomon, Esq.
The Lustigman Firm
149 Madison Avenue, Suite 805
New York, NY 10016
FAX: (212) 683-9181

Email
copyright@joeshopping.com

Your notice of alleged copyright infringement should include:

Please describe how your copyrighted work or other intellectual property has been infringed;
Please describe where the infringing material is located on the site
Your contact information where we can contact you and, if different, an e-mail address where the alleged infringing party can contact you;
Please state that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
Your electronic or physical signature.

If you are sending this notice via email, please make sure to notify us clearly, such as labeling your email message with the subject "DMCA Notice of Infringement." If you are sending us Fax notice, please clearly write down "DMCA Notice of Infringement" on your cover sheet. We are committed not to infringe anyone else's copyright materials. But if you haven't heard back from us for over a week, your may have failed to deliver the notice to us. Please contact us again.

Counter Notification You may file a counter-notification that contains the following details if your material has been taken down with the following details.

The proof of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your contact information; and
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which JoeShopping may be found and that you will accept service of process from the person who submitted a notice.

Please be advised that under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to JoeShopping the alleged infringer and/or the affected copyright owner for any damages incurred in connection with the removal, blocking and/or replacement of allegedly infringing material