Welcome to SHOP.COM, the most comprehensive online shopping site designed for women. These Terms of Use (“Agreement”) apply to websites owned or operated by SHOP.COM, including TheShoppingVine, ShopCompanion and others (together referred to as the “Site”). Please review this Agreement, as modified or amended from time to time, as it is a binding contract between SHOP.COM and you (“You”). By using the Site You agree to be bound by the terms in this Agreement, including the Privacy Policy and any Supplemental Terms of Use that may apply, and You agree to follow the guidelines and policies that SHOP.COM may post on the Site or provide You from time to time. If You do not agree to all of the terms contained in this Agreement, You are not authorized to access or use the Site, in which case You should immediately exit and not use the Site. SHOP.COM makes the Site available to You conditioned upon your acceptance of all terms contained in this Agreement. You understand and agree that from time to time SHOP.COM may modify the terms in this Agreement, and such modifications will be effective immediately upon their posting. Your continued use of the Site after a modification or change to these terms has been posted will mean that you accept and agree to any changes to the terms that have been posted. You are encouraged to check back from time to time to see if there have been any changes to the terms and provisions contained in this Agreement. This Agreement applies to all users of the Site, including visitors, registered members and users posting information or content on the Site. In addition, if you wish to become a SHOPStar User; be allowed to communicate with other SHOPStar Users; and make use of some of the other services available on the Site, you must read this Agreement and also indicate your acceptance of the terms contained in this agreements during the registration process.

1. PRIVACY. We care about your privacy and request that you read our Privacy Policy as the terms of our Privacy Policy are a part of and incorporated into this Agreement.
2. DESCRIPTION OF SITE AND ELIGIBILITY TO USE SITE. Our Site is a place where You can discover, compare, learn, share and shop among your favorite brands and connect your shopping and shopping recommendations with others around You. If you choose to participate in the SHOPStars Program You are provided with the ability at your discretion to connect with others who You may share shopping, recommendations or product interests and ideas. In return for our display of your content You agree to grant the license contained in section 4.b. below. SHOP.COM reserves the right in its sole discretion to modify, suspend, add to, remove or discontinue all or any portion of the features offered on the Site without any liability or obligation to You or to third parties. You may not use the Site unless you are at least 13 years or older. Unless you are at least 18 years old or you are visiting SHOP.COM under the supervision of a parent or guardian you may not make purchases on the Site. By using the Site You represent that you comply with these age requirements.
3. REGISTRATION AND SHOPStar REGISTRATION; ACCOUNT SECURITY. When you shop at the Site or if You become a SHOPStar User by agreeing to the terms of this Agreement, You will be allowed to provide information about You and your shopping insight and recommendations to others. During the process of registering, you will be asked to provide information about You. The information You provide must be accurate and you agree that you will keep it current at all times. You are solely responsible for maintaining the security of your account. A password will be provided for your use and protection. You agree to safeguard your password and any user name you have selected for your SHOPStar account. Further You agree that You will not share your password or let anyone else access your shopping account or your SHOPStar User Account. If you believe that the security of your password or your shopping account has been compromised, please contact us immediately.
4. POSTING CONTENT ON THE SITE. A user and SHOPStars User may be allowed to post photos, text, comments, ratings, purchases, links, audio, music, images, pictures, graphics, video, designs and other works of authorship (together “Content”) to various locations on the Site or third party sites. You agree that You are solely responsible for Content that is posted on or through the Site by You. You warrant and represent that You have all rights necessary to post the Content and to grant SHOP.COM rights in your Content described in this Agreement and that such Content is accurate; that use of the Content does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify SHOP.COM and its partners for all claims resulting from your Content.

a. Prohibited Content and Conduct. SHOP.COM does not monitor all postings made to the Site and will not be responsible for Content posted to the Site, or any third party sites. You acknowledge that SHOP.COM does not regularly monitor the accuracy or reliability of Content. SHOP.COM does provide Guidelines for Prohibited Content and Prohibited Conduct (below) that You agree to follow in your use of the Site. SHOP.COM also reserves the right at any time and for any reason to disable access to any user account or to delete, edit or modify any material that is posted to the Site without any liability to You or to any third party. i. Prohibited Content. You agree that You will not post on the Site and your SHOPStars postings will not include: ~ Content that violates the law or anyone’s right, including intellectual property rights or other proprietary rights; ~ any Contact Information or private information of any third party; ~ false, misleading or fraudulent information; ~ any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment; ~ mature content on the pages that are viewable on the site that would be inappropriate for the general public; ~Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence or anything else that we may consider offensive. ii. Prohibited Conduct. You agree that in using the Site you will not: ~ Do anything that could disable, overburden, or impair the proper working of the Site; ~ access, use or tamper with areas of the Site that you are not authorized to access; ~ use any robot, spider, scraper or other automated means to access the Site; ~ harvest, collect or use addresses, phone numbers or email addresses or other contact information (together “Contact Information”) of users of the Site without consent from such users; ~ transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”; ~solicit private information (including social security numbers, credit card numbers and passwords) from users of the Site; ~provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization; ~ offer any contest, sweepstakes, coupon or other promotion through the Site without our prior written consent; ~ use an iFrame or offer web search functionality on the Site; ~do anything that is illegal, infringing, fraudulent, malicious or could expose SHOP.COM or the Site or its users to harm or liability; or ~attempt, encourage or facilitate any of the above. b. Ownership of Content and Submissions. You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content You post to the Site, subject to the non-exclusive rights that You grant to us as outlined below. You hereby grant SHOP.COM a worldwide, perpetual, non-exclusive, royalty free, fully transferrable, fully sub licensable, license to use, reproduce, modify, transmit, distribute (through multiple tiers), publicly perform and display, and create derivative works of or otherwise make unauthorized use of the Content in any form, media or technology now known or later developed subject only to your Privacy Settings including in connection with the Site or the promotion of the Site. You agree that any questions, comments, suggestions, ideas, feedback or other information that you provide SHOP.COM (“Submissions”) are non-confidential and non-proprietary. SHOP.COM will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgement or compensation to You.

5. OWNERSHIP; PROPRIETARY RIGHTS. Except for user Content, all materials, content, text, graphics, icons, images, software and trademarks on the Site are the property of SHOP.COM or its affiliates or suppliers and are protected by all relevant intellectual property laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. SHOP.COM grants You a limited and revocable license to use the SHOP.COM website for the purpose of shopping online to discover, compare, learn, share and shop among your favorite brands/merchants and connect your shopping and shopping recommendations with others around You.
6. SHOPPING ON SHOP.COM. When you use the Site as a shopper (“User”) the terms of the above paragraphs shall apply. As a User, you will be allowed to shop with OneCart® Merchants, and with other Partner Merchants In addition You should be advised that other terms apply to your shopping experience.

a. OneCart® MERCHANT SAFE SHOPPING GUARANTEE and PAYMENT PROCESSING. Many of the merchants You will find on SHOP.COM allow You to checkout with the SHOP.COM proprietary OneCart®. SHOP.COM offers a money back guarantee on all purchases made through the SHOP.COM OneCart® shopping cart. SHOP.COM will be your advocate for every purchase made through the SHOP.COM OneCart®. In the unlikely event that a merchant ever fails to deliver on their promise regarding any purchase You make through SHOP.COM’s OneCart® we will intervene on your behalf and assure that they deliver on their promises or we will guarantee that you receive your money back. This guarantee has been created to supplement and not replace guarantees offered by merchants or manufacturers and is limited to the purchase price of the goods. It is applicable only on purchases that are not covered by your bank or credit card provider under consumer protection laws. With OneCart® purchases SHOP.COM facilitates the processing of purchases made by you on SHOP.COM. Information about you such as payment information and shipping information is provided by SHOP.COM to merchants from whom you order products. You authorize SHOP.COM to process payment transactions on your behalf or to pass the payment transaction information and shipping or other information on to the merchants from whom you order products. You also authorize adjustments or reversals to be made to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments. b. Partner Merchants. Numerous merchants you will find on SHOP.COM will result in your linking off to the Partner Merchant site to shop and complete your transactions. Once you link off to the Partner Merchant site, SHOP.COM does not have any control over or responsibility for the experience on the Partner Merchant site. You agree that SHOP.COM is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising or products or services on or available from such sites or resources. You use the links at your own risk. SHOP.COM’s Privacy Policy is only applicable when you are on our Site. Once you link to another website, you understand that you should read and understand that website’s privacy statement before disclosing any personal information c. Product Information. Product information and prices are provided by merchants and/or third party sources. At SHOP.COM we do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify SHOP.COM of any information or pricing inaccuracies so that we may immediately notify the merchants to correct the problem. We apologize for any inconvenience this may cause

7. ELECTRONIC COMMUNICATIONS. We may communicate with you regarding the services provided by SHOP.COM by means of electronic communications, including sending electronic mail to the email address you provided during registration; posting notices or communications on SHOP.COM and communicating with you via authorized third parties (such as Facebook). You agree that we may communicate with you by means of electronic communications regarding these Terms of Use of Site, notice or disclosures regarding the site, payment authorizations, and any other matter relating to your use of the site.
8. MOBILE. There are features of SHOP.COM that may be accessible via certain mobile carriers (the “Mobile Services”). While we currently do not charge for these Mobile Services, your carrier’s normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event You change or deactivate your mobile telephone number, You agree to promptly update your account information on SHOP.COM to ensure that your messages are not sent to the person that acquires your old number.
9. TERMINATION AND EFFECT OF TERMINATION. You agree that SHOP.COM may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if SHOP.COM determines that any user conduct violates applicable law or is harmful to the interests of SHOP.COM. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for You in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Agreement ends. If you continue to use the site after termination of the Agreement your continued use will constitute your agreement to the terms and conditions then posted on the Site. The provisions entitled “Ownership of Content and Submissions”, Limitation of Liability”, “Ownership; Proprietary Rights” “Indemnity”, “Disclaimer of Warranties” and the Privacy Policy will survive termination of this Agreement.
10. INDEMNITY. As a condition of your access to and use of the Site, you agree to hold SHOP.COM, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of this Agreement (including terms incorporated into them, e.g., the Privacy Policy and any Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute You have or claim to have with one or more users of the Site; (iv) SHOP.COM's resolution (if any) of any dispute You have or claim to have with one or more users of the Site; (v) your improper authorization for SHOP.COM to collect, use or disclose any data or Content provided by You; and (vi) any disclosures made with your permission (including, without limitation, your consent that SHOP.COM disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, You fully understand and agree that: (a) SHOP.COM will have the right but not the obligation to resolve disputes between users relating to the Site and SHOP.COM's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) SHOP.COM's resolution of a dispute will be final with respect to the Site
11. DISCLAIMER OF WARRANTIES. USE OF THE SITE IS AT YOUR OWN RISK. THE SHOP.COM SITE, FEATURES, PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW SHOP.COM DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION.
12. LIMITATION OF LIABILITY. THE SHOP.COM SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, SHOP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SHOP.COM SITE , INABILILTY TO USE THE SITE, ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARY MATERIALS MADE AVAILABLE ON, IN CONJUNTION WITH OR THROUGHT THE SITE, EVEN IF SHOP.COM OR A SHOP.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES. TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF SHOP.COM TO YOU FOR ANY DAMAGES (REGARDLESS OF REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU DURING THE EIGHT (8) WEEKS IMMEDIATELY BEFORE THE ACT GIVING RISE TO THE ALLEGED RESPONSIBILITY OF SHOP.COM OR $100, WHICHEVER IS GREATER..
13. APPLICABLE LAW. You agree that all claims and disputes between You and SHOP.COM that arise out of or relate in any way to this Agreement or your use of the Site will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws

OUR ADDRESS

SHOP.COM
21 Lower Ragsdale Drive
Monterey, CA 93940

Updated August 12, 2009