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Terms and Conditions of Use

For terms and conditions applicable to digital content, please refer to the TBC Store Terms of Service

Welcome to the Shopingtrade.com website (the "Shopingtrade.com Site"), a website owned and operated by TBC Shop &Trade Booksellers, Inc.("TBC Shop&: Exchange").

The terms and conditions stated below, along with the policies and guidelines located throughout the Shopingtrade.com Site (collectively herein the "Terms of Use") identify what you, as a user of the Shopingtrade.com Site ("you" or "User") can expect from TBC Shop &Trade Booksellers, Inc., its parent, subsidiaries, and affiliates (together referred to herein as "TBC Shop &Trade"), and/or persons who provide products or services to TBC Shop &Trade customers either directly or through the Shopingtrade.com Site ("Shopingtrade.com Providers") and what TBC Shop &Trade in turn expects from Users. By visiting any area on the Shopingtrade.com Site, creating an account, making a purchase via the Shopingtrade.com Site, downloading a TBC Shop &Trade retail software application ("TBC Shop &Trade Software")from the Shopingtrade.com Site, joining any TBC Shop &Trade online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to TBC Shop &Trade user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "Shopingtrade.com Services"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Shopingtrade.com Site immediately.

 

  1. LICENSES AND RESTRICTIONS
  2. TRADEMARKS
  3. CONTENT
  4. EXPORT
  5. PRICES
  6. RISK OF LOSS
  7. PRODUCT DESCRIPTIONS
  8. AGE OF USERS
  9. TERMINATION OF USAGE
  10. INDEMNITY
  11. PASSWORD AND ACCOUNT SECURITY
  12. INTERACTIVE COMMUNITY
  13. NOTICES
  14. DISCLAIMERS AND LIMITATION OF LIABILITY
  15. SEVERABILITY
  16. APPLICABLE LAW; JURISDICTION
  17. DISPUTE RESOLUTION
  18. DIGITAL MILLENIUM COPYRIGHT ACT
  19. ADDITIONAL TERMS AND CONDITIONS
  20. ACKNOWLEDGMENT
  21. MODIFICATION

I. LICENSES AND RESTRICTIONS
TBC Shop &Trade grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with TBC Shop &Trade) of the Shopingtrade.com Site and its contents, which includes TBC Shop &Trade Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. TBC Shop &Trade further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Shopingtrade.com Site so long as the link does not portray TBC Shop &Trade, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

  • modify, download (other than page caching, reproduce, copy, or resell the Shopingtrade.com Site, the Content or any portion or derivative thereof;
  • commercially use the Shopingtrade.com Site, the Content or any portion derivative thereof (unless User has a business relationship with TBC Shop &Trade);
  • copy or download any User's account or profile information for the benefit of any third party;
  • enable high volume, automated, electronic processes that apply to the Shopingtrade.com Site or its systems, the Content or any portion or derivative thereof;
  • use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Shopingtrade.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
  • interfere or attempt to interfere with the proper working of the Shopingtrade.com Site;
  • bypass any measures used by TBC Shop &Trade to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TBC Shop &Trade;
  • use TBC Shop &Trade's name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
  • compile, repackage, disseminate or otherwise use data extracted from the Shopingtrade.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require TBC Shop &Trade's express written consent (which may include a written agreement signed by an authorized representative of TBC Shop &Trade). Any unauthorized use of the Shopingtrade.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by TBC Shop &Trade.

II. TRADEMARKS
TBC Shop &Trade, or its parent, subsidiaries, or affiliates, or third parties from whom TBC Shop &Trade has permission, own the trademarks or service marks that are used on the Shopingtrade.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of TBC Shop &Trade and its licensors may not be used without prior written consent of TBC Shop &Trade or its licensor, as the case may be. Without limiting the foregoing, no TBC Shop &Trade trademark or trade dress may be used in connection with any product or service that is not TBC Shop &Trade's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits TBC Shop &Trade.

III. CONTENT
Proprietary Rights
User acknowledges that the Shopingtrade.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and TBC Shop &Trade owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Shopingtrade.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

Third-Party Content
TBC Shop &Trade is a distributor and not a publisher of Content supplied by third parties and Users. TBC Shop &Trade has no editorial control over such Content. TBC Shop &Trade is not obligated to review Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of TBC Shop &Trade or any Shopingtrade.com Provider, unless expressly stated otherwise. Neither TBC Shop &Trade nor any Shopingtrade.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Shopingtrade.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either TBC Shop &Trade or any Shopingtrade.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Shopingtrade.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Shopingtrade.com Site.

IV. EXPORT
Any software distributed by TBC Shop &Trade is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the TBC Shop &Trade Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the TBC Shop &Trade Software and the Shopingtrade.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the TBC Shop &Trade Software or the Shopingtrade.com Site for any illegal purpose. Because the TBC Shop &Trade Software, the Shopingtrade.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the TBC Shop &Trade Software or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.

V. PRICES
The price for an item on the Shopingtrade.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Shopingtrade.com Site. If the price for the item on the Shopingtrade.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of TBC Shop &Trade, TBC Shop &Trade may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by TBC Shop &Trade. Any purchases from any third-party sellers on the Shopingtrade.com Site (e.g., sellers of products provided via TBC Shop &Trade BookQuest LLC) may be subject to different policies in the event of an incorrectly priced item.

Please note that this policy regarding prices applies only to items sold and shipped by TBC Shop &Trade. Any purchases from any third-party sellers on the Shopingtrade.com Site (e.g., sellers of products provided via TBC Shop &Trade BookQuest LLC) may be subject to different policies in the event of an incorrectly priced item.

VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Shopingtrade.com Site pass to the User upon delivery of the item to the carrier.

VII. PRODUCT DESCRIPTION
The items offered for sale on the Shopingtrade.com Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. TBC Shop &Trade does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM TBC Shop &Trade THAT IS NOT AS DESCRIBED ON THE Shopingtrade.com SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use TBC Shop &Trade websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the TBC Shop &Trade websites, we will remove that information as soon as possible.

IX. TERMINATION OF USAGE
TBC Shop &Trade may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Shopingtrade.com Site including any account thereon, without notice, for any reason in TBC Shop &Trade's sole discretion, including without limitation violation of the Terms of Use, TBC Shop &Trade's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, TBC Shop &Trade, any Shopingtrade.com Provider or another User.

In certain cases, in TBC Shop &Trade's sole discretion, TBC Shop &Trade may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Shopingtrade.com Site has been terminated including the right to use, access or create any account thereon; (ii) that TBC Shop &Trade refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

X. INDEMNITY
User agrees to indemnify and hold TBC Shop &Trade and each Shopingtrade.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Shopingtrade.com Site, the Shopingtrade.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.

XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Shopingtrade.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her TBC Shop &Trade account using an old e-mail address, such User will not receive messages from TBC Shop &Trade about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's TBC Shop &Trade account or within the Shopingtrade.com Site interactive community.