These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:-
"Get Shorter" means Get Shorter, Registered in USA, P.O. Box 577 Inman, KS 67546
"User" means the person accessing the "Site" to utilise the "Service".
"Site" means the web address:- www.getshorter.com or any sub domain of getshorter.com at which the "Service" is made publicly available.
"Service" means private account access to the "Site" to facilitate:-
- the selling of intangible downloadable products via; the "Site", the "Users" own website, blog, social media feed or any other web service the "User" chooses to promote and sell their products from.
- the selling of tangible products via; the "Site", the "Users" own website, blog, social media feed or any other web service the "User" chooses to promote and sell their products from.
and any other services or facilities provided by "Get Shorter".
"Service Fee" means a fee charged by "Get Shorter" for the provision of the "Service".
"Get Shorter" means a store front "Get Shorter" provides to the "User" in return for a yearly fee.
"Downtime" means any service interruption in the availability of the "Site".
"Data" means any information entered by the "User" into the "Service".
"Intellectual Property" means any file uploaded by the "User" to the "Service".
"Intellectual Property Rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
"Affiliate" means a third party the "User" has authorised to refer sales via the "Service".
"Affiliate Commission" means a fee awarded by the "User" to their "Affiliate" at point of sale.
"Chained Adaptive Payment" means an Adaptive Payment for goods, tangible or intangible via the PayPal: http://www.paypal.com service. An Adaptive Payment handles payments between a sender of a payment and one or more receivers of the payment. In a chained payment, the sender pays the primary receiver("User") an amount, from which the primary receiver pays secondary receivers("Get Shorter" for the "Service Fee" and primary receivers "Affiliate" if a referral commission is applicable). The sender only knows about the primary receiver, not the secondary receivers. The secondary receivers only know about the primary receiver, not the sender.
"Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
The "User" wishes to provide "Get Shorter" with "Data" and "Intellectual Property" that will be hosted at the "Site" and via the third party web storage service Amazon S3(http://aws.amazon.com/s3/) respectively and made accessible via the Internet in both encrypted and non-encrypted form.
Digital Goods Store has agreed to host the "Users" "Data" and "Intellectual Property" upon the following terms and conditions.
Any individual file ("Intellectual Property") uploaded to the "Service" shall be no larger than 2GB(two gigabytes) in size.
All file types are acceptable to sell via the "Service" however "Get Shorter" reserves the right to refuse sale of certain executable file types if upon investigation we deem, by our sole discretion, as potentially harmful to the "Service" and its customers.
"Get Shorter" encourages the sale of original independently produced content via the "Service".
Private Label Rights (PLR) products can be sold via the "Service" with the following restrictions:-
- If the PLR products uploaded to the "Service" generate a high percentage of PayPal reversals "Get Shorter" reserves the right to terminate the "User" account without notice.
- If the PLR products uploaded to the "Service" are not receiving a reasonable amount of sales determined at our sole discretion "Get Shorter" reserves the right to terminate the "User" account without notice.
"Get Shorter" have the right to terminate a "Users" account without notice if a "User" is found to be contravening any of the following terms:-
- The "User" agrees to not use the "Service" in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
- The "User" agrees to not upload any harmful file to the "Service" such as, but not limited to, those that contain "Viruses".
- The "User" agrees to not upload or use the "Service" to transfer, any Work or other material or content that is libellous or slanderous or otherwise defamatory, obscene or indecent.
- The "User" agrees to not upload or use the "Service" to transfer, any Work or other material or content that is adult in nature. This includes but is non limited to any content containing nudity, or sexually orientated material. As a "User" of "Get Shorter" you must have a PayPal account therefore you must also abide by PayPal's Acceptable Usage Policy
- The "User" agrees that they shall be the sole responsible person for their account and as such will not share confidential login details with any other party. If a third party gains access to a "Users" account the "User" is solely responsible for the actions of the third party.
- The "User" agrees they have the legal capacity and authority to enter into this agreement.
- The "User" agrees to provide truthful and accurate information in the course of creating an account to use the "Service".
- The "User" agrees they have the legal right to sell products via the "Service" and that the sale of products via the "Service" does not infringe upon the intellectual property rights of any third party. The "User" agrees to provide "Get Shorter" with any applicable information required by law in the course of verifying the legitimacy of products sold via the "Service".
AFFILIATE TERMS AND OBLIGATIONS
The "Affiliate Commission" will be calculated as a percentage or fixed amount of the total sale value. The "Affiliate Commission" will be transferred from the "Users" PayPal account to the "Affiliates" PayPal account automatically at point of purchase. The transfer will be conducted by PayPal on behalf of "Get Shorter" via a "Chained Adaptive Payment". By accepting these Terms, the "Affiliate" expressly agrees to this condition.
By becoming an affiliated seller of a "Users" products you hereby agree to grant refund permissions via PayPal to "Get Shorter" enabling the "User" to issue a refund on your behalf. In the event of a refund you hereby authorise the "User" to debit your PayPal account the amount of the original "Affiliate Commission".
"Get Shorter" have the right to terminate an "Affiliates" account without notice if an "Affiliate" is found to be contravening any of the following terms:-
An "Affiliate" must not sell a "Users" products using any SPAM techniques.
Misrepresentation of a "Users" products is not allowed.
An "Affiliate" must not attempt to defraud a "User" in any way.
You hereby agree any "Intellectual Property" sold via the "Service" is due a 5% (five percent) "Service Fee". The "Service Fee" will be calculated as a percentage of the total sale value. The "Service Fee" will be transferred from the "Users" PayPal account to "Get Shorter" PayPal account automatically at point of purchase. The transfer will be conducted by PayPal on behalf of "Digital Goods Store" via a "Chained Adaptive Payment". By accepting these Terms, the "User" expressly agrees to this condition and authorises PayPal and "Get Shorter" to withdraw the "Service Fee" from the "User’s" PayPal account. No other payment method to settle the "Service Fee" is acceptable.
The "Service Fee" is inclusive of any applicable taxes.
The "User" hereby acknowledges and expressly agrees that in no way or situation the "Service Fee" shall be refunded to the "User".
Get Shorter reserves the right to change the "Service Fee" by giving the "User" 1 months written notice by email. If the "User" continues to use the "Service" after the new "Service Fee" comes into force it is deemed that the "User" has agreed and accepted the new "Service Fee".
To allow the "User" to test the suitability of the "Get Shorter" store front "Get Shorter" provides a 7 day money back guarantee.
"Get Shorter" is charged yearly at the current rate of $10.00
When a "Get Shorter" store front is due for renewal "Get Shorter" will email the "User" asking them to pay the next yearly fee at the then current rate.
"Get Shorter" reserves the right to change the yearly fee for "Get Shorter" at any time.
The "User" agrees that in order to be able to refund a transaction directly from "The Service" permission must be granted by the "User" via the PayPal website to "Get Shorter".
"Get Shorter" shall use its reasonable endeavours to make the "Service" available to the "User" and its customers 100% of the time but because the "Service" is provided by means of computer and telecommunications systems, "Get Shorter" makes no warranties or representations that the "Service" will be uninterrupted or error-free and "Get Shorter" shall not, in any event, be liable for interruptions of the "Service" or "Downtime".
"Get Shorter" carries out data backups for use by "Get Shorter" in the event of systems failure. "Get Shorter" do not provide data restoration facilities for individual "Users". Even though every effort is made to ensure data is backed up correctly "Get Shorter" accepts no responsibility for data loss or corruption.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, "Get Shorter" shall not be liable to the "User" or its customers as a result of any "Viruses" introduced or passed on to the "User" or its customers.
The Customer agrees to indemnify and hold "Get Shorter" and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against "Get Shorter" arising out of any breach by the "User" of the terms of this Agreement or other liabilities arising out of or relating to the "Service".
LIMITATION OF LIABILITY
The entire liability of "Get Shorter" to the "User" in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the "Service Fee" paid for the "Service" under this Agreement in respect of which the breach has arisen.
In no event shall "Get Shorter" be liable to the "User" for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or "Get Shorter" had been made aware of the possibility of the "User" incurring such a loss.
TERM AND TERMINATION
This Agreement will become effective on the date the "Service" is ordered and shall continue until terminated by either party. Either party may terminate this Agreement forthwith if:
- the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- the other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
If "Get Shorter" suspects for any reason, based at its sole discretion that a "User" is in breach of this Agreement a 7 day 'Limited Account Access' warning will be emailed to the "User" notifying them their account has been limited. Whilst the "User" account is in a 'Limited' state no products will be made available for sale via the "Service". Within this 7 day period the "User" must demonstrate to "Get Shorter", that they are in full compliance with this Agreement. If the "User" has not adequately satisfied "Get Shorter", at its sole discretion that this is the case the "Users" account will be terminated.
On termination all data held in the "Users" account will be deleted.
If the "User" does not generate adequate sale of their product/s via the "Service" to cover the cost of hosting their files and have not logged into their account for a period of 90 days, "Get Shorter" will automatically remove all products from the "Users" account. The "User" account will however remain active for future use should the "User" require it.
"Get Shorter" may assign or otherwise transfer this Agreement at any time.
The "User" may not assign or otherwise transfer this Agreement or any part of it without "Get Shorter" prior written consent.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by email. Emails shall unless the contrary is proved be deemed to be received on the day it was sent.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
"Get Shorter" communicates with it's "Users" via email and as such you agree to receive by email occassional newsletters which contain amongst other things changes to our terms and conditions, notification of major outages, updates to the "Service".
To protect your privacy we will not distribute any of your details to third parties, unless required to do so by law.
"Get Shorter" is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the "Service", then you can be assured that it will only be used in accordance with this privacy statement.
"Get Shorter" may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
- We will collect the following information when you sign up to use the "Service":-
- Registered Primary PayPal Email Address
What we do with the information we gather
- We require this essential information simply to provide you with the "Service" and for no other purpose.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. "Get Shorter" ustilises cookies for the following purposes:-
- to create a login session for the "User".
- to track items added to the remote and embedded shopping cart.
- to track an "Affiliates" referred sale.