Terms of Service
Before you begin setting up your account with PropellShops.com (herein referred to as "we," "us," or "PropellShops.com"), please read the following Terms of Use ("Terms") carefully. If you ("you") agree to these Terms, and wish to use the PropellShops.com service ("Service"), please click on any "Sign Up Free Today" button. This will constitute a binding agreement ("Agreement") between you and PropellShops.com. Use of this site and/or any of its Services constitutes your acceptance of this Agreement.
propellshops.com reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
Access to your account
We need to be able to access your account for the following reasons:
- We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
- To maintain our Service to you and develop new and useful features and services;
- To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
- To perform routine maintenance and billing functions;
- PropellShops.com reserves the right to close accounts set up for fraudulent purposes.
Account fee
There is no fee to open a propellshops.com account.
Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
Privacy policy
When you create an account with propellshops.com, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
PropellShops will also collect certain information from the users that shop in PropellShops. PropellShops will make some of this information available to the Shop Owner with which the user has registered. Included in this information is whether or not the user has agreed to receive marketing from PropellShops and the Shop Owner. This user information may only be used by the Shop Owner for internal analysis, record keeping, customer service, and to advertise for the appropriate PropellShops provided the user has agreed to receive this marketing information.
Canceling the service; discontinuing inactive accounts
propellshops.com reserves the right to cancel the Service or to discontinue free accounts that have been inactive for more than 90 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account and the images contained in it may be removed.
Third Party Software
We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of Florida.
Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH PROPELLSHOPS.COM'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROPELLSHOPS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROPELLSHOPS.COM MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROPELLSHOPS.COM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PROPELLSHOPS.COM'S SITE OR ADVERTISED THROUGH PROPELLSHOPS.COM 'S SITE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PROPELLSHOPS.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PROPELLSHOPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE PROPELLSHOPS.COM'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Intellectual Property
All PropellShops.com™ or Propell Corporation services, and products, or portions thereof, are the sole intellectual property of the Propell Corporation and may not be reproduced or redistributed in any manner without our expressed written permission.
As a Shop Owner, you retain all ownership rights to the artwork that you upload into your account, store in your image library, and/or use on product(s) in your shop. By uploading this content to PropellShops, you grant PropellShops a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your content for the purposes of carrying out the the PropellShops service. Propell will not use Shop Owner owned content for any other reason, nor will PropellShop shoppers or any other Shop Owners have access to these images.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.