Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by My Tiny Shop, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
- Your mytinyshop.site Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account, such as comments and reviews. My Tiny Shop may change or remove any Content that it considers inappropriate or unlawful, or otherwise likely to cause My Tiny Shop liability. You must immediately notify My Tiny Shop of any unauthorized uses of your account or any other breaches of security. My Tiny Shop will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not politically biases or objectionable; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by My Tiny Shop or otherwise.
By submitting Content to My Tiny Shop, you grant My Tiny Shop a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting our Products and Website. If you delete Content, My Tiny Shop will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, My Tiny Shop has the right (though not the obligation) to, in My Tiny Shop’s sole discretion (i) refuse or remove any content that, in My Tiny Shop’s reasonable opinion, violates any My Tiny Shop policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in My Tiny Shop’s sole discretion. My Tiny Shop will have no obligation to provide a refund of any amounts previously paid.
- Payment and Fees.
- General Terms.
By purchasing a product or service, you agree to pay My Tiny Shop the one-time fees indicated (additional payment terms may be included in other communications). Payments are not refundable. My Tiny Shop check policy: No third party or non-USA checks are accepted. Fee for checks issued with non-sufficient funds is $35. In the event that My Tiny Shop has need to employ additional measures to collect payment and fees due them, you may be liable for costs incurred by My Tiny Shop, such as, but not limited to, attorney or collection agency fees or court costs and fees.
- General Terms.
- Support. Your account service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by My Tiny Shop to respond within three business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or guest mytinyshop.site services. All support will be provided in accordance with My Tiny Shop standard services practices, procedures and policies.
- Responsibility of Website Visitors. My Tiny Shop has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, My Tiny Shop does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. My Tiny Shop disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mytinyshop.site links, and that link to mytinyshop.site. My Tiny Shop does not have any control over those non-My Tiny Shop websites and webpages, and is not responsible for their contents or their use. By linking to a non-My Tiny Shop website or webpage, My Tiny Shop does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. My Tiny Shop disclaims any responsibility for any harm resulting from your use of non-My Tiny Shop websites and webpages.
- Copyright Infringement and DMCA Policy. My Tiny Shop respects the intellectual property rights of others. If you believe that material located on or linked to by mytinyshop.site violates your copyright, you are encouraged to notify My Tiny Shop in accordance with My Tiny Shop’s Digital Millennium Copyright Act (“DMCA”) Policy. My Tiny Shop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. My Tiny Shop will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of My Tiny Shop or others. In the case of such termination, My Tiny Shop will have no obligation to provide a refund of any amounts previously paid to My Tiny Shop.
- Intellectual Property. This Agreement does not transfer from My Tiny Shop to you any My Tiny Shop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with My Tiny Shop. My Tiny Shop, mytinyshop.site, the mytinyshop.site logo, and all other trademarks, service marks, graphics and logos used in connection with mytinyshop.site, or the Website are trademarks or registered trademarks of My Tiny Shop or My Tiny Shop’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any My Tiny Shop or third-party trademarks.
- Advertisements. My Tiny Shop reserves the right to display advertisements on your posts.
- Attribution. My Tiny Shop reserves the right to display attribution links such as ‘Review at mytinyshop.site,’ author, and font attribution in your comment or review footer.
- Changes. My Tiny Shop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. My Tiny Shop may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. My Tiny Shop may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mytinyshop.site account (if you have one), you may simply discontinue using the Website. Inactive accounts will be purged from the server after two years of inactivity. Notwithstanding the foregoing, My Tiny Shop can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. My Tiny Shop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither My Tiny Shop nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will My Tiny Shop, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to My Tiny Shop under this agreement during the twelve (12) months period prior to the cause of action. My Tiny Shop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless My Tiny Shop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between My Tiny Shop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of My Tiny Shop, or by the posting by My Tiny Shop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Davidson County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nashville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; My Tiny Shop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.