TERMS and CONDITIONS:
All purchases on Black Shopping Channel ("BSC") are the merchandise of vendors/merchants that are BSC members who own estores on blackshoppingchannel.com or blackshoppingchannel.tv. Unless the return policy is clearly stated in the merchandise description area for the consumer's review prior to making a purchase, the vendors/merchants agree to a seven (7) day Satisfaction Money Back Guarantee on all merchandise sold. If the consumer receives the merchandise and is not satisfied, the merchandise may be returned to the vendor/merchant for a full refund less any shipping costs based on the return policy.
By utilizing BSC's media and ecommerce platforms (the Site), you agree to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement"):
We encourage all BSC Members to market/promote your replicated webSite estore(s) on BSC. However, BSC does not authorize copyrighted work i.e., BSC video(s), use of BSC name as a domain name, email, BSC image and/or audio on social networking Sites. BSC has reserved all rights in the foregoing and any utilization of same without authorization is infringing on our trademark/copyright, etc. Please understand that the social media platforms are monitored by BSC Corporate and therefore no BSC member can be the administrator for the Black Shopping Channel. If you feel you may not be in compliance with the foregoing, or may not have asked for permission to use Black Shopping Channel or BSC's trademark/copyright/name, you are instructed to
immediately cease and desist from distributing copies, including electronic copies, utilizing our name or videos, image, in any form or fashion on blogs, social networking Sites, youtube, etc. All infringement material must be deleted immediately, otherwise BSC will have no other alternative but to seek remedies to protect its interest. If you feel you may not be in compliance with the foregoing, or may not have asked for permission to use Black Shopping Channel or BSC's trademark/copyright/name, you are instructed to
immediately cease and desist from distributing copies, including electronic copies, utilizing our name or videos, image, in any form or fashion on blogs, social networking Sites, youtube, etc. All infringement material must be deleted immediately, otherwise BSC will have no other alternative but to seek remedies to protect its interest.
Black Shopping Channel makes every effort to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify the BSC customer service.
Without limiting other remedies, we may limit, suspend, or terminate our service to your BSC membership, prohibit access to our webSite, delay or remove hosted content on TV, and take technical and legal steps. BSC reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a period of one year. BSC reserves the right to change its fee structure for its services at any time without notice to its members. If outstanding monies for BSC services remain past due for a period of one hundred eighty (180) days, BSC may collect fees owed using other collection mechanisms ie. collection agency and/or legal counsel.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database rights you have in the content in any media/radio/print now or in the future.
You will not hold BSC or its subsidiaries responsible for another user's actions or inactions, including things they post which may affect the saleability of your product/service. You acknowledge that BSC is not a traditional retail store, we do not control the individual estore owners, and will not be held liabile for other estore owners actions. BSC's Site/TV is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats just like physicial retail stores, garage sales, etc. BSC only has knowledge as to what is shown in the pictures on the Site/TV. All items sold in any estore is As Is, Where Is. BSC has no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of estore owners to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. BSC serves as the Shopping Cart, notifies the estore owner of the sale and where to ship the item. Legal issues involving the item sold rests solely with the estore owner/shipper. Once verification of shipping is made to our accounting department, we will credit the estore owner that the sales price, less BSC sales commission for the item sold. Payment to the estore owner will be made on BSC's next pay cycle after proof that the buyer received the purchased item and after the seven day return policy period expires.
As of April 26, 2010, the annual membership fee for new members is $999.00; estore owners set prices of items and pays all fees charged by third parties including credit card fees, freight, disputes, etc.
As long as you do not allow your membership to expire, the annual renewal fee is the same as the original membership fee you paid when you first became a BSC member.
Call BSC corporate for updated additional advertising fees for featured products, hot items, front page, additional TV spots, etc.
Dispute and Refund Policy:
A Buyer has five days to dispute an item bought or notify our Customer Service that there was a problem with the item. Failure to log a dispute within the five day window, will alleviate BSC of any liabilty or ability to assist the buyer in a refund or exchange of the item. BSC cannot refund items if the estore owner has already been paid past the dispute window period. BSC will not pay any refund of monies to buyer without the estore owner first verifying that the item was received/returned along with proof of the returned item. BSC does not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Florida's Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Florida Uniform Commercial Code. BSC cannot guarantee continuous or secure access to its services and operation of the Site/TV may be interfered with by numerous factors outside of its control. Accordingly, to the extent legally permitted, BSC excludes all implied warranties, terms and conditions. BSC is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of BSC's Site/TV. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if BSC is found to be liable, the liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and/or (b) $100.
If you have a dispute with one or more users, you release BSC, its officers, directors, agents, subsidiaries, joint ventures, and employees
) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify and hold BSC, its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
BSC makes no warranties or representations whatsoever with respect to its services or any linked Site or its content, including the availability of any Site, the content, information, and materials on it or the accuracy, completeness, or timeliness of that content, information, and materials. BSC does not warrant or represent that your access to or use of our services or any linked Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that BSC's services or any linked Site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on or through BSC services is provided to users "As Is," with no warranty of any kind, either express or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The "As Is" condition of content is expressly made a condition of any transaction arising through or as a result of BSC services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Under no circumstances shall BSC, its suppliers, estore owners, or BSC'S respective directors, officers, employees, or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use any of BSC's services or any linked Site or its contents, including without limitation lost profits, business interruption, or loss of programs or other data on computer systems, or otherwise, even if BSC is expressly advised of the possibility of such damages.
Access and Interference:
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to BSC by its users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without the prior expressed written permission of BSC; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
BSC does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. BSC views protection of users' privacy as a very important community principle. BSC stores and process your information on computers located in the United States that are protected by physical and technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing into your account. BSC uses third parties to verify and certify our privacy principles.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Black Shopping Channel's national registered agent and to the email or physical address you provide to Black Shopping Channel during the registration process. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Notice given by mail shall be deemed given three days after the date of mailing.
Resolution of Disputes:
If a dispute arises between you and BSC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BSC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below:
BSC strongly encourages you to first contact us directly to seek a resolution. BSC will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida without regard to conflict of law provisions. It is agreed that any claim or dispute you may have against BSC must be resolved by a court located in Palm Beach County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims - All claims brought against BSC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, you agree that BSC may recover attorneys' fees and costs up to $10,000, provided that BSC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Each of these policies may be changed from time to time and changes take effect when we post them on the Site.
When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
BSC is located at 8895 N. Military Trail, #203B, Palm Beach Gardens, Fl 33418. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In BSC's sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. BSC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. BSC may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective ten (10) days after they are initially posted. This Agreement sets forth the entire understanding and agreement between all parties. Memberships are nontransferable.
The following Sections survive any termination of this Agreement:
Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
I certify that I understand that BSC may change any program with email and written notice to the Members and Customers at their discretion. I have read, understand, and accept the terms and conditions of the BSC Site and television productions and that I willingly accept all of the terms and conditions herein.