This Agreement between the Subscriber (“Subscriber” or “you”) and StartupShoppe, Inc. (“StartupShoppe”) outlines your rights and obligations as a StartupShoppe Service Subscriber. By clicking “Agree,” you are agreeing to be legally bound to the terms of this Agreement. If you do not agree to the terms of this Agreement, please click “Cancel” or close your browser window.
The StartupShoppe Service is intended for Subscribers to create and share their startup company ideas and to promote those ideas to prospective business partners or investors. Your use of this Service is conditioned upon your compliance with the terms in this Agreement.
You agree not to:
modify or alter the Website or content created by and for other Subscribers.
disparage or defame any third party individual or corporate entity
use the StartupShoppe Service to facilitate any activity prohibited by Minnesota law or federal law
distribute any content created by and owned by StartupShoppe except with the written consent of StartupShoppe, Inc.
use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
The material and videos on this Website are intended to be informational only. StartupShoppe is not a registered broker or dealer and will not sell, offer to sell, or offer to buy any security. This service does not offer any opinion as to the value of any security or company. The Subscriber assumes full responsibility for compliance with any and all applicable state or federal securities laws.
StartupShoppe is the copyright owner and author of any video created by StartupShoppe. Any Subscriber created content such as slideshow presentations, pictures, charts, diagrams, etc. that is uploaded to the StartupShoppe Website or added to any video or presentation hosted by StartupShoppe shall continue to be owned by its creator. By submitting your own content to StartupShoppe, you the Subscriber hereby grant to StartupShoppe a perpetual, irrevocable, non-exclusive license to copy, distribute, publicly display, publicly perform and modify the uploaded content. You the Subscriber hereby waive any claims arising out of rights of publicity or privacy in the content submitted to or created by StartupShoppe.
Subscriber hereby represents and warrants that any content submitted to StartupShoppe by Subscriber does not infringe upon the rights of any third party including but not limited to copyrights, trademarks, trade secrets, rights of publicity.
All logos and trademarks on the StartupShoppe Website are the property of their respective owners and should not be interpreted as an endorsement or affiliation with StartupShoppe or any other third party. StartupShoppe™, StartupShoppe.com™ and the “three houses logo” are trademarks of StartupShoppe, Inc., a Minnesota corporation.
By creating a Subscriber account with StartupShoppe you will be charged a $295 setup fee, which will include the first 30 days of Service. Each month thereafter, you will be charged $99 via credit card. This Agreement is for a minimum of twelve months and will be automatically renewed thereafter. After the initial twelve month subscription, you may cancel by giving 30 days notice. Cancellation by the Subscriber within the initial twelve months will be subject to an Early Termination Fee of $350. Late payments may be subject to penalties of up to 15%.
Subscriber agrees to defend, indemnify and hold harmless StartupShoppe, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the StartupShoppe Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Subscriber created content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the StartupShoppe Service.
Subscriber expressly agrees that use of the service is at the Subscriber's sole risk. The service is provided on an "as is" and "as available" basis.
StartupShoppe expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. StartupShoppe makes no warranty that the service will meet Subscriber's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does StartupShoppe make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. StartupShoppe makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the Subscriber from StartupShoppe shall create any warranty not expressly stated herein.
Subscriber agrees that StartupShoppe shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of Subscriber's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if StartupShoppe has been advised of the possibility of such damages. The Subscriber further agrees that StartupShoppe shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
StartupShoppe may change the terms of this Agreement at any time. The Subscriber will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.
Subscriber’s rights under this Agreement may be terminated and Subscriber content may be removed or deleted without notice for any violation of this Agreement by the Subscrber, including without limitation non-payment of fees. StartupShoppe may give notice of such violations but is under no obligation to do so. StartupShoppe reserves the right to terminate this agreement for any reason or no reason.
This Agreement and the relationship between the Subscriber and StartupShoppe shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. The Subscriber hereby consents to jurisdiction and venue in state or federal courts located in Hennepin County, Minnesota.
If StartupShoppe fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that StartupShoppe has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.
The Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.