User Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. Merchbooth MAY MODIFY THIS AGREEMENT AT ANY TIME. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not visit these pages or use this site. Law including, but not limited to, United States Copyright Law and international treaties protects the material provided on this site. This site is controlled and operated by Merchbooth from its offices within the United States. Merchbooth makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

This User Agreement is between you, the user of this website, together with any company or other business entity you are representing, (if any), and Merchbooth, LLC

The software license and services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Merchbooth reserves the right to close or cancel you store for any reason at any given time.

The Merchbooth store enables you to build online stores where you can sell your merchandise and promote yourself, band or company online. Merchbooth also provides merchants services, including hosting of the online store, site design, email services, marketing services, promotional services, promotional products, and other related services that may be offered time to time.

This Agreement is effective upon your acceptance in registration. By accepting this Agreement, Merchbooth provides you with a limited license to use the store front and receive the services. By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions.

You authorize Merchbooth to process any and all of your account transactions initiated through the use of the password that you establish through registration on the site, and you are solely responsible for maintaining the confidentiality of such password.

Terms of Use
You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store, accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that Merchbooth has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your or your companies needs and requirements. You authorize Merchbooth to process any and all of your account transactions initiated through the use of the password that you establish through registration on the site, and you are solely responsible for maintaining the confidentiality of such password.

You will be also be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of your store. You under this Agreement, including all descriptions of the products you offer to customers of Your Store and user-generated content on and related to Your Store. You retain all rights, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by Merchbooth. If you breach any of the covenants of this Agreement, Merchbooth is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account.

You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or content, Merchbooth and its Software are acting only as passive conduits for the distribution of such products, or content on the Store. Merchbooth has no obligation to You or any third party, and accepts no responsibility, to review Your Store, the products or content listed therein. If Merchbooth believes in its sole discretion that Your Store or any products, content or other materials in the Store or on Merchbooth Servers may create liability for Merchbooth, You agree that Merchbooth may take any actions with respect to the content or materials of Your Store that Merchbooth believes are prudent or necessary to minimize or eliminate Merchbooth potential liability.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Software, the Services, and your listing and sale of products and services on Your Store.

You will be responsible for payment of all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and any related penalties and interest

Prohibited and Restricted Items
You agree that Your activities and any products, services or content published and distributed through Your store using Merchbooth shall not violate the list of Prohibited and Restricted Items Policy that is incorporated herein;

• be fraudulent or involve the sale of counterfeit or stolen items;
• be false, inaccurate or misleading;
• infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
• be obscene or contain any type of pornography;
• contain any viruses, Trojan horses, worms, time bombs, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• involve the transmission of any unsolicited commercial or bulk email known as "spamming"
• involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity.
• be harmful or potentially harmful to the Merchbooth Server structure as determined in Merchbooth sole discretion, including without limitation overloading the Merchbooth technical infrastructure;
• involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;
• link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulations.

Paypal Terms of use
If you subscribe to use Merchbooth, then you are required to use PayPal as the Payment Solution for Your Store. Using PayPal as a "Payment Solution" means that You use PayPal exclusively to process online payments from Your Store customers. In order to use PayPal with Your Store, You are required to sign up for a Business or Premier PayPal account and comply with the PayPal User Agreement and PayPal Privacy Policy.

PayPal users should be aware that PayPal will not process payments for certain activities. PayPal's Acceptable Use Policy identifies activities that are illegal or may be illegal under certain circumstances, and details certain types of activities for which PayPal has decided not to process payments, even if the activities may be legal.

Your relationship with PayPal is separate from Your relationship with Merchbooth and is governed by the terms and conditions contained in the PayPal User Agreement and the PayPal Privacy Policy. Such terms and conditions are available at PayPal

Local Events & Classifieds
You understand that all postings, messages, text, images, or other materials "Content" posted on, or transmitted are the sole responsibility of the person from such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Merchbooth does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, or misleading. If you feel something posted should be removed, please email the listing link to: listings@Merchbooth.com

The Merchbooth site and Content available through the Service may link you or provide you with access to third party content which is completely independent of Merchbooth, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Merchbooth shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Merchbooth is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Merchbooth, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service

Copyright, Licenses and Use Restrictions
The copyright in all material provided on this site is held by Merchbooth or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Merchbooth or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Indemnification
You agree to indemnify, defend and hold harmless Merchbooth, its officers, directors, employees, agents, licensors and suppliers against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person.