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Terms & Conditions

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ShopTheRecord.com  |  Terms of Use

11/26/13

Introduction

Welcome to the website ShopTheRecord.com(“ShopTheRecord”), managed by North Jersey Media Group (also “we,” “our,” or “us”). By accessing ShopTheRecord.com (“Site”) and purchasing any items  made available on the Site, you agree to be bound by these Terms of Use (the “Terms”). By purchasing any items, you agree to be bound by and to use our Services in compliance with these Terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PURCHASE ANY ITEMS FROM THIS SITE.

We may, at our sole discretion, make changes, modify, amend, rescind or update these Terms from time to time. When we do, we will revise the “last updated” date given above. While we may, from time to time, alert you to changes in the Terms, it is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your future purchase of any items from the Site after such changes have been published to the Site will constitute your acceptance of such revised Terms.

You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.


License to Use our Services:

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access our Site for, your personal and non-commercial use, and not for resale or further distribution. Your right to access the Site and to purchase items from the Site is limited by all terms and conditions set forth in these Terms.  This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of any of Site content; any downloading or copying of account information for the benefit of another user; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by North Jersey Media Group Inc. and its affiliates.

We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to the Site and the items sold on the Site, including all related intellectual property rights. You acknowledge that the Site, items sold on the Site, any software used in connection with the Site (including, for example and without limitation, any APIs or other scripts) and property rights are protected by applicable intellectual property laws, including United States copyright and trademark law and international treaties. 

If we consider that these Terms have or may have been breached, that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us to the Site,  any of our affiliates, or to other users, we may suspend and/or terminate any and all accounts which we think are connected with the offender.

Access to the Site

We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties related to your access and use of the Site (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Site.


Restrictions

You must be at least 18 years of age to register for the Site and purchase products from the Site. By registering, you represent and warrant that you are at least 18 years of age. You must comply with all applicable laws when accessing the Site and/or using any products purchased on the Site and will not take any action that harms or violates the rights of any person or entity. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Site (collectively, “Site Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access the Site or or to store, copy, modify, distribute, or resell any Site Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use the Site or any Site Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (vi) use the Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Site; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Site or any Service Content. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, duplicate, copy, translate, enhance, decompile, disassemble, reverse engineer,  create derivative works of, sell, resell or exploit for other commercial purposes the Site (or any portion thereof), any Site Content, or any item(s) purchased through the Site; or (iii) circumvent or disable any security or technological features or measures of the Site.


Privacy Policy

We may collect registration, demographic and other information about you through the Site. Our collection and use of this information is governed by our Privacy Policy, which can be accessed here.


Children Under 13

Please do NOT send any information about yourself to us.  All data inadvertently collected from a child under 13 years of age will be purged from our system and all of our records.  We do not knowingly collect or store any personal information, even in aggregate, about children under the age of 13 in accordance with COPPA (Children’s Online Privacy Protection Act).

Linking to our Services

If you link to our Site, you are permitted to link only to the home page at www.shoptherecord.com. Linking to any pages other than the home page of our Site, linking to any internal parts of the Site, framing of the Site within or as part of any third-party services, or any other manner of incorporating parts of the Site  as part of another ebsite or service, is not permitted without our prior written consent.

Restricted Areas of the Services

Certain parts of the Site, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

Materials
Images: The Site contains images of items for sale. These images
may not represent the actual item being purchased by a user. These images are samples only and may not reflect the exact product specifications.  We are not responsible for incorrect information given in the form of photos.

Typographical Errors: While we try to make sure that all prices posted on the Site are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Site. If there is incorrect information given about price, product, specifications, or service due to typographical error, we are not responsible for such errors or their correction; however, we will attempt to correct such errors promptly where notice has been given. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price.


Access to the Site; Site Outages and Browser Incompatibilities

The Site may become inaccessible or it may not function properly with your web browser and operating system. We will not be liable for any perceived or actual damages arising from Site Content, materials, operation, or use of this Site.


Links and Third Party Content

The Site may display or contain links to third party products, services, and ebsites. Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed, authored, or made available by other users or third parties on our Site, or which is accessible through or may be located using our Site (collectively, “Third Party Content”),are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content or the policies of such third parties. By accessing the Site, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through the Site.

Pricing, Shipping and Terms of Sale

 Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at North Jersey Media Group Inc.’s discretion. We may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless we expressly permit such use. Purchases are subject to the Shipping and Returns Policy set forth here.  We reserve the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchase that the order has been cancelled.


User Postings to our Services

We may, from time to time, allow you to post information and content to our Site. You agree that we are free to use any comments, information, ideas, concepts, methods, techniques, content, and any other material in any post or submission that you may make to our Site (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Site. Furthermore, by making any Submission to the Site, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.


You will not use the Site to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise 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; (viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.  Defamatory comments are unlawful and are not guaranteed a right to anonymity.

To prevent or remedy a breach of the User Postings agreement or any harm or damage to us, to any of our services, affiliates, or to other users or the general public, we may automatically or manually monitor, censor (including rejections or removal of any content) and/or record public or private chat or other activities related to any of the services. 


Trademarks
The ShopTheRecord logo, and any other product or service name or slogan displayed on our Services
are the exclusive property of North Jersey Media Group Inc. and/or its affiliates and subsidiaries, and their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of North Jersey Media Group Inc. or the applicable trademark holder. You agree that all intellectual property or other rights are and will remain our property or the property of the applicable right holder.  You may not use any metatags or any other “hidden text” utilizing the Site or any other name, logo, trademark or product or service name of North Jersey Media Group Inc.’s without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply ownership, endorsement, sponsorship, or recommendation thereof by us.

Copyrights and Copyright Agents

If you believe that any content from the Site has been reproduced without permission, is being used inappropriately or if you think that your content or the content of a third party has been unlawfully used or reproduced on the Site, please notify our designated copyright agent either by mail to the Marketing Department, North Jersey Media Group, Inc., 1 Garret Mountain Plaza, PO Box 471, Woodland Park, NJ 07424 or by email at marketing@northjersey.com.

In accordance with the United States Digital Millennium Copyright Act (“DMCA”), and in order to expeditiously process notices of alleged copyright, please use the following format when notifying us of a potential infringement (including section numbers):

1. Identify with sufficient detail the copyrighted work that you believe has been infringed. (For example, “The copyrighted work at issue is the “Name of the work” by “name of the author”.

2. Identification of and a link to the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

3. Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address.

4. The following statement: “I 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.”

5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and

6. Sign the document. (If sending notification via e-mail, “e-sign” the e-mail by typing “/s/” followed by your name).

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult an attorney.

If you are a provider of allegedly infringing content, you may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to our designated Copyright Agent (see above for contact information) that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has 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.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) 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 or activity was removed or disabled by mistake or misidentification may be subject to liability.

Just as we strive to protect our own Content, we also hope to respect the rights of other content sources. Should you see something on our site you believe we aren’t entitled to publish, please contact us at marketing@northjersey.com.


Feedback
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.


Disclaimer of Warranties

YOUR USE OF THE SITE, SITE CONTENT AND PURCHASE OF ANY ITEMS FROM THE SITE IS AT YOUR SOLE RISK. THE SITE, SITE CONTENT AND ITEMS SOLD ON THE SITE ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS, AFFILIATES, BUSINESS PARTNERS AND/OR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, SITE CONTENT, OR ANY ITEMS SOLD ON THE SITE AND YOU RELY ON THE SERVICES  AND SITE CONTENT AND PURCHASE ITEMS SOLD ON THE SITE AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH THE SITE AND PURCHASE OF ANY ITEMS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN DESTRUCTIVE FEATURES INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, TROJAN HORSES AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE, SITE CONTENT OR ANY REPRESENTATIVES AND/OR AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT OR LIMIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.


Limitation of Liability

WE AND OUR SUPPLIERS, AFFILIATES, BUSINESS PARTNERS AND/OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SITE CONTENT AND/OR YOUR PURCHASE OF ANY ITEMS FROM THE SITE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICE CONTENT AND/OR YOUR PURCHASE OF ANY ITEMS FROM THE SITE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SITE, DELAYS IN ITEM SHIPMENT, LOSS OF ANY ITEMS IN TRANSIT, OR DAMAGE TO ANY ITEMS PURCHASED THROUGH THE SITE), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE AND SITE CONTENT OR FOR THE ITEM FOR WHICH YOU CLAIM DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Waiver of Claims

You agree to waive any claims against us and our suppliers, business partners and/or licensors and our respective subsidiaries, affiliates, agents, employees, representatives, contractors, business partners and assigns for losses, damages and injuries which are based on or relate to communications, Site Content, or materials on the Site or any items purchased through the Site.

Indemnity
You will indemnify and hold us, our suppliers, business partners and/or licensors, and our respective subsidiaries, affiliates, officers, agents, contractors, employees, representatives, and assigns harmless from any costs, losses, damages, expenses, including reasonable attorneys’ fees, and liability caused by (a) your use of the Site and/or Site Content; (b) your violation of these Terms; (c) your violation of any rights of a third party through use of the Site and/or Site Content; and (d) your misuse of any item that you purchase through the Site.  You agree that we reserve the right to assume the exclusive control and defense of any claim arising out of your representation and this indemnification and that you will cooperate with us in the defense of any such claim.

Legal Notices

Enforcement of these Terms will be governed by the laws of the State of New Jersey, excluding its conflict and choice of law principles. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.

These Terms constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.

Contacting Us

If you have general questions or concerns about the Site or these Terms, you may contact us at: ShopTheRecord, North Jersey Media Group, P.O Box 75, Hackensack, NJ 07602 or by email at info@shoptherecord.com.

Customer service representatives are available Monday through Friday from 8:00 a.m to 5:00 pm (Eastern Time). To call us toll-free, please dial 1-855-385-SHOP (7467) or contact a customer service representative via email at customerservice@shoptherecord.com.

If you are interested in submitting a product for us to re-sell, please contact us via email. Send your information and product images to info@shoptherecord.com. We will contact you for additional information regarding your product should we have any questions. 


 

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