ShopMyCity.com Terms and Conditions

Acceptance of Terms of Use
These Terms of Use govern your use of the ShopMyCity.com service and website. By using, visiting, or browsing the ShopMyCity.com service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ShopMyCity.com service or website.

These Terms of Use are an ongoing contract between you and ShopMyCity.com and apply to your use of the ShopMyCity.com service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
AdTriad LLC, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the ShopMyCity.com website. The most current version of the Terms of Use will supersede all previous versions.

Privacy
Any personally identifying information submitted through the ShopMyCity.com website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Patrons visiting the ShopMyCity.com website for the sole purpose of viewing, printing or e-mailing coupons/banner ads to themselves and for personal use only will NOT be charged for said services. Only vendors or merchants wishing to partake in our subscription service for coupon/banner ad posting will be billed based on the advertising package chosen. Merchants participating in subscription service should take careful consideration of all policies regarding membership and billing.

Website Useage
Any persons misusing the site or thought to be attempting to hack or circumvent the coupon viewing process of shopmycity.com will be automatically suspended, and all entries for cash and prizes will be void. This includes but is not limited to the creation of a bot that simulates user interaction on shopmycity.com or using multiple computers simultaneously. Any person thought to be misusing any portion of the shopmycity.com website will have their account permanently removed and all previous entries will be void. Winners are subject to verification by state issued picture photo i.d. that matches information used to create account with shopmycity.com. Any person that creates multiple accounts on shopmycity.com will be automatically suspended, and all entries for cash and prizes will be void. All winners must sign any necessary state and federal tax papers required by shopmycity.com All winners must sign a photo release to be featured on the shopmycity.com or affiliated websites. All winners must also agree to appear in front of business who provided winning coupon if necessary.

Disclaimers of Warranties and Limitations on Liability
THE ShopMyCity.com or ShopMyCityBiz.com SERVICE, INCLUDING ALL COUPONS/BANNER ADS, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ShopMyCity.com or ShopMyCityBiz.com SERVICE, THE WEBSITE AND ITS CONTENTS. ShopMyCity.com or ShopMyCityBiz.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ShopMyCity.com or ShopMyCityBiz.com SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ShopMyCity.com or ShopMyCityBiz.com MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ShopMyCity.com or ShopMyCityBiz.com SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content of coupon/banner advertisements; (ii) errors or omissions in the content of coupon/banner advertisements created by the ShopMyCity.com or ShopMyCityBiz.com service or on the ShopMyCity.com or ShopMyCityBiz.com website; (iii) recommendations or advice of Customer Service; (iv) any failures, delays, or interruptions in the posting process of ads; (v) any failure or interruption in the availability of the ShopMyCity.com or ShopMyCityBiz.com service and/or website, including availability of our Members Login functionality on ShopMyCity.com and ShopMyCityBiz.com; (vi) delivery and or display of any content contained on the ShopMyCity.com or ShopMyCityBiz.com website or through the ShopMyCity.com or ShopMyCityBiz.com service and (vii) any losses or damages arising from the use of the content provided on the ShopMyCity.com or ShopMyCityBiz.com website or the ShopMyCity.com or ShopMyCityBiz.com service itself. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on coupon/banner ads from the ShopMyCity.com or ShopMyCityBiz.com service or the descriptions of any coupon/banner ad content contained on our website. We do not represent or guarantee that your use of the ShopMyCity.com or ShopMyCityBiz.com service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ShopMyCity.com or ShopMyCityBiz.com or its affiliated parties.

In no event shall AdTriad LLC, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the ShopMyCity.com or ShopMyCityBiz.com website, its contents or the ShopMyCity.com or ShopMyCityBiz.com service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the ShopMyCity.com or ShopMyCityBiz.com service, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

  • Functionality Compatibility

ShopMyCity.com or ShopMyCityBiz.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPATIBILITY OF THE SERVICE WITH YOUR PERSONAL COMPUTER OR FILES CONTAINED WITHIN. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.

Intellectual Property

  • Copyright

The ShopMyCity.com and ShopMyCityBiz.com text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of AdTriad LLC, or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of AdTriad LLC, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from AdTriad LLC., or its suppliers. You agree to adhere to the restrictions set forth under these terms. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the ShopMyCity.com or ShopMyCityBiz.com website) or other products or processes accessible through the ShopMyCity.com or ShopMyCityBiz.com website, not to insert any code or product or manipulate the content of the ShopMyCity.com or ShopMyCityBiz.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ShopMyCity.com or ShopMyCityBiz.com reserves the right to terminate your membership hereunder if ShopMyCity.com or ShopMyCityBiz.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. ShopMyCity.com and ShopMyCityBiz.com does not promote, foster or condone the copying of owned material or any other infringing activity. The use of the ShopMyCity.com or ShopMyCityBiz.com service is solely for your personal and commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the ShopMyCity.com website.

  • Trademarks

ShopMyCity.com and ShopMyCityBiz.com is a registered trademark of AdTriad LLC. The ShopMyCity.com and AdTriad logo, ShopMyCity.com or ShopMyCityBiz.com, Profiles, and affiliated programs are trademarks or service marks of AdTriad LLC. The ShopMyCity.com and ShopMyCityBiz.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of AdTriad LLC. The trademarks, service marks and trade dress of ShopMyCity.com or ShopMyCityBiz.com may not be used or reproduced without prior written approval from AdTriad LLC. and may not be used in connection with any product or service that is not affiliated with ShopMyCity.com or ShopMyCityBiz.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ShopMyCity.com or ShopMyCityBiz.com, or in any manner that disparages or discredits ShopMyCity.com or ShopMyCityBiz.com. Other trademarks that appear on the ShopMyCity.com or ShopMyCityBiz.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ShopMyCity.com or ShopMyCityBiz.com. Any images of persons or personalities contained on the ShopMyCity.com or ShopMyCityBiz.com website are not an indication or endorsement of ShopMyCity.com or ShopMyCityBiz.com or any particular product or our service unless otherwise indicated.

  • Patents

The U.S. Patent & Trademark Office is in the process of issuing AdTriad LLC Patents that cover our subscription service and several extensions, and U.S. Patents for our business model. ShopMyCity.com and ShopMyCityBiz.com has other patents pending that apply to the ShopMyCity.com and ShopMyCityBiz.com website and our operations.

Website Content
We distribute advertisements in the form of coupons/banner ads and we reserve the right to display and promote the ads or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the ShopMyCity.com or ShopMyCityBiz.com website allows you to customize your ad at any time. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the ShopMyCity.com or ShopMyCityBiz.com website are those of the respective authors or producers and not of AdTriad LLC, or its shareholders, directors, officers, or employees. Under no circumstances shall AdTriad LLC, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the ShopMyCity.com or ShopMyCityBiz.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ShopMyCity.com or ShopMyCityBiz.com website.

Use of Information Submitted
AdTriad LLC, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to ShopMyCity.com or ShopMyCityBiz.com ("Feedback"), including responses to questionnaires or through postings to the ShopMyCity.com or ShopMyCityBiz.com website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ShopMyCity.com or ShopMyCityBiz.com website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note ShopMyCity.com or ShopMyCityBiz.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ShopMyCity.com or ShopMyCityBiz.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ShopMyCity.com or ShopMyCityBiz.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the ShopMyCity.com or ShopMyCityBiz.com ad service, you consent to receiving electronic communications from ShopMyCity.com or ShopMyCityBiz.com. These communications will include notices about your account (e.g. receiving e-mails and other transactional information) and information concerning or related to our service, such as information or offerings. These communications are part of your relationship with ShopMyCity.com or ShopMyCityBiz.com and you receive them as part of the ShopMyCity.com or ShopMyCityBiz.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time through your Members Login screen atShopMyCity.com or ShopMyCityBiz.com where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.

In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

Your Conduct on the ShopMyCity.com Website
By accessing the ShopMyCity.com or ShopMyCityBiz.com website, you agree to use the ShopMyCity.com or ShopMyCityBiz.com service, including all features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ShopMyCity.com or ShopMyCityBiz.com website. You also agree not to interfere with the servers or networks connected to the ShopMyCity.com website or to violate any of the procedures, policies or regulations of networks connected to the ShopMyCity.com or ShopMyCityBiz.com website. You also agree not to impersonate any other person while using the ShopMyCity.com or ShopMyCityBiz.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the ShopMyCity.com or ShopMyCityBiz.com website for any unlawful purpose.

Random Drawings and Giveaways

When accessing the ShopMyCity.com site and participating with our service you have the ability to enter for our free money and other random giveaways. When logged into the site you will be presented with coupons and banner ads from merchants from all over your market area. By printing, emailing, or simply just viewing a coupon/banner ad you are entered one time into our monthly drawing for cash prizes. You can maximize your chances by printing, emailing, or simply viewing each available coupon/banner ad in your particular zone. Each coupon/banner ad counts as an additional entry, but once printed, emailed, or viewed the functionality of entering for the drawing on that particular coupon is disabled for that month. A coupon/banner ad can be printed, emailed, or viewed as often as any user may need, in any given month, but they will only be entered for the drawing once per coupon/banner ad. If you are selected through our random drawing at the end of each month as a winner, you will need to produce a valid state issued picture I.D. that matches the information you used in registering for your user account. BE SURE THAT YOUR ID MATCHES THE NAME AND PHYSICAL ADDRESS YOU ENTERED WHEN REGISTERING WITH shopmycity.COM!!!! We will use this information in order to validate you as a winner. If the information does not match on your i.d. to the name and address you used to register with ShopMyCity.com, you will be disqualified from any winnings. We will also be contacting you as a winner through your valid email account, so make sure to allow emails from both ShopMyCity.com and ShopMyCityBiz.com.

 

Bonus Points and Bonus Cash

Bonus points are entries gained by various methods described on the site. These points can be activated to increase the odds of winning an eligible giveaway. Point values and points eligibility may change. Bonus cash has no cash value. Bonus cash can be accumulated by various methods described on the site. If eligible, bonus cash may be redeemed with merchant gift cards. We reserve the right to remove bonus points or bonus cash for any reason at all ever... end O' story.

 

Limitations on Use
There is no limit of age to become a member of the ShopMyCity.com or ShopMyCityBiz.com service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. If any persons under the age of 18 win a random giveaway through the ShopMyCity.com or ShopMyCityBiz.com website or service, they will need to be accompanied by a legal guardian to secure winnings. Unless otherwise specified, our subscription services, and the content on the ShopMyCity.com or ShopMyCityBiz.com website, including content viewed through our ad pages, are for your personal use only and we grant you a limited license to access the ShopMyCity.com or ShopMyCityBiz.com website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the ShopMyCity.com or ShopMyCityBiz.com website, including but not limited to information contained within a member or members' subscriptions page, without our express written consent. ShopMyCity.com and ShopMyCityBiz.com does not promote, foster or condone the copying of content, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ShopMyCity.com or ShopMyCityBiz.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the ShopMyCity.com or ShopMyCityBiz.com name or trademarks without our express written consent. Any unauthorized use of the ShopMyCity.com or ShopMyCityBiz.com website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages
Some of the hyperlinks on the ShopMyCity.com or ShopMyCityBiz.com website may lead to other websites or Applications that are not controlled by, or affiliated with, AdTriad LLC. In addition, other websites may link to the ShopMyCity.com or ShopMyCityBiz.com website or ShopMyCity.com or ShopMyCityBiz.com may include links to the websites of businesses, including those that have associations with us through certain programs. For example, ShopMyCity.com or ShopMyCityBiz.com may include pages that display and provide information on Applications, or other products. These pages may provide links to third party sites where ShopMyCity.com or ShopMyCityBiz.com members may obtain or purchase such Applications. ShopMyCity.com or ShopMyCityBiz.com has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that ShopMyCity.com or ShopMyCityBiz.com is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications".

Claims of Copyright Infringement
It is the policy of ShopMyCity.com and ShopMyCityBiz.com to respect the intellectual property rights of others. ShopMyCity.com and ShopMyCityBiz.com does not promote, foster or condone the copying of content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the ShopMyCity.com or ShopMyCityBiz.com website, or know of someone who is making unauthorized use of the content of the ShopMyCity.com or ShopMyCityBiz.com website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the ShopMyCity website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice email address is info@shopmycity.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) 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 to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. ShopMyCity.com or ShopMyCityBiz.com shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

AdTriad LLC.
Attn: Quality Control
info@shopmycity.com

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to conflicts of laws provisions. You and ShopMyCity.com agree that the United States District Court for Augusta GA, and Superior Court for the County of Richmond shall have exclusive jurisdiction over any dispute between you and ShopMyCity.com relating in any way to the ShopMyCity.com or ShopMyCityBiz.com service or Web site or these Terms of Use. You and ShopMyCity.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: August 1, 2011

 

ShopMyCity.com Voucher Terms of Use

Welcome to the ShopMyCity.com. In order to use our Site, you must agree to our Terms of Use –The Terms of Use are our “rules of the road” – they are important and contain many legal disclosures that you should read carefully - including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site. Why all the rules? Bottom line: because we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that the Site is only used properly. If you have any questions about these Terms of Use email us at info@shopmycity.com .

These Terms of Use were last updated on August 23, 2011.

These Terms of Use are organized as follows:

  1. Permitted Uses
  2. Availability of the Site
  3. Ownership of the Site
  4. Transmission of Information
  5. Your Conduct on our Site
  6. Creating an Account on our site
  7. Terms of Sale
  8. Modification of this Agreement
  9. Copyright and Trademarks
  10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
  11. Disclaimer of Warranty
  12. Limitation of Liability
  13. Arbitration
  14. End User Communications
  15. Websites of Others
  16. Public Nature of Your Statements
  17. License Grant
  18. Indemnification/Release
  19. Termination
  20. Choice of Law
  21. Additional Disclosures

ACCEPTANCE OF TERMS OF USE

ShopMyCity.com (“ShopMyCity or “us” or “our”) operates this website, www.ShopMyCity.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. By using our Site and ShopMyCity’s services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY shopmycity.COM SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

The Site provides an interactive online service operated by ShopMyCity, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users. Vouchers may be purchased by ShopMyCity account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
  • You are an individual person at least 18 years of age
  • You possess the authority to create a binding legal obligation
  • Your use of this Site will at all times comply with the terms of this Agreement
  • If you elect to create an account:
  • You may create only one account for your personal use
  • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers
  • You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
  • You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. ShopMyCity retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with ShopMyCity and the Site while it is being transmitted. In addition, ShopMyCity is not responsible for any data lost during transmission.

5. Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your ShopMyCity account or in order to create multiple ShopMyCity accounts
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by ShopMyCity
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with ShopMyCity
  • Reselling or repurposing your access to the Site or any purchases made through the Site
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of ShopMyCity to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with ShopMyCity, including without limitation, aggregating current or previously offered deals
  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing
  • Exceeding or attempting to exceed quantity limits when purchasing vouchers or otherwise using any ShopMyCity account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion)
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission
  • Acting illegally or maliciously against the business interests or reputation of ShopMyCity, our Merchants or our services
    • or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

6. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your ShopMyCity account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7. Terms of Sale

Vouchers you purchase through our Site as a ShopMyCity account holder are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release ShopMyCity and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it. By purchasing any voucher you agree to the terms of this Agreement and these Terms of Sale. By purchasing, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale specifically (“rules”) the terms on the voucher itself and any additional, deal specific terms advertising the voucher at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control. ShopMyCity is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay $20 for a voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). If a Merchant or venue refuses to honor any voucher, ShopMyCity will refund the amount paid upon request in the original form of payment, or will credit the ShopMyCity account of the purchaser with an equivalent number of ShopMyCity “Bucks” for future purchases on the Site. ShopMyCity Bucks do not expire. Need a refund or have a question? Email ShopMyCity at info@ShopMyCity.com. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited. a.Additional terms applicable to traditional ShopMyCity vouchers. A “traditional ShopMyCity voucher” is any voucher other than vouchers that are available for instant redemption. The promotional value of a traditional ShopMyCity voucher will EXPIRE on the date specified on the face of the voucher, unless prohibited by law. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional ShopMyCity voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional ShopMyCity vouchers are not reloadable and are fully transferrable. b.Additional terms applicable to promotional ShopMyCity Instant vouchers. A “ShopMyCity Instant voucher” is any promotional voucher purchased through the ShopMyCity service, redeemable immediately – usually within 24 hours of purchase – for various goods or services. The promotional value of a ShopMyCity voucher will EXPIRE on the date and time specified on the voucher. c.Special terms for tickets, vouchers issued through ShopMyCity, or other voucher for ticketed events. A ticket or voucher redeemable for admission to a specific ticketed event and venue has no value once the event date and time has passed. Vouchers for live entertainment or other ticketed events are refundable only on the day of purchase unless the event is cancelled and not rescheduled by the venue or merchant. Vouchers for live entertainment or other ticketed events are sold inclusive of all taxes and additional fees unless otherwise noted and cannot be combined with other offers. Vouchers for live entertainment or other ticketed events do not include any applicable gratuity. Vouchers for live entertainment or other ticketed events are not eligible for upgrades and are not transferable. For more information visit our Site and read or e-mail info@ShopMyCity.com.

8. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all vouchers purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

9. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of ShopMyCity or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF shopmycity IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. ShopMyCity owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ShopMyCity or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. ShopMyCity is a trademark of ShopMyCity, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with ShopMyCity shall not be deemed to be in the public domain but rather the exclusive property of ShopMyCity, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of ShopMyCity unless otherwise stated. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ShopMyCity does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted ShopMyCity the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant ShopMyCity the right to edit, copy, publish and distribute any material that you make available on this Site.

10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

ShopMyCity reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide ShopMyCity with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law (d) your name and contact information, including telephone number and e-mail address and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ShopMyCity’s DMCA Agent for notice of claims of copyright infringement is: ShopMyCity, Inc. Attn: Copyright Agent 1036 Broad St Augusta GA 30901

11. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER shopmycity, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. shopmycity HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.

IN NO EVENT SHALL shopmycity, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL shopmycity’S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

13. Arbitration.

We will make every reasonable effort to resolve any disagreements that you have with ShopMyCity. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against ShopMyCity arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and ShopMyCity (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law (c) there shall be no authority for any claims to be arbitrated on a class or representative basis arbitration can decide only your and/or ShopMyCity’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ShopMyCity will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor ShopMyCity shall be entitled to arbitrate their dispute.

14. End User Communications

ShopMyCity in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Groups”). ShopMyCity shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by ShopMyCity, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ShopMyCity shall have the right, but not the obligation, to remove any material from the Groups that ShopMyCity, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Groups (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of ShopMyCity.

15. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

16. Public Nature of Your Statements.

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of ShopMyCity’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. ShopMyCity does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

17. License Grant.

By posting Statements or other information on or through the Communities, you grant ShopMyCity a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

18. Indemnification/Release.

You agree to defend, indemnify and hold harmless ShopMyCity, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release ShopMyCity from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a ShopMyCity, and any conduct or speech, whether online or offline, of any other user.

19. Termination.

ShopMyCity may terminate these Terms of Use at any time. Without limiting the foregoing, ShopMyCity shall have the right to immediately terminate or suspend any of your passwords or accounts in the event ShopMyCity considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

20. Choice of Law.

Any disputes arising out of or related to these Terms of Use and/or any Use by you of ShopMyCity’s Site or services shall be governed by the internal laws of the State of Georgia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.

21. Additional Disclosures.

No waiver by either you or ShopMyCity of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. ShopMyCity is located at 1036 Broad St. Augusta Ga 30901. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1 (800) 952-5210 . The provisions of these Terms of Use apply equally to and are for the benefit of ShopMyCity, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.