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Home Town Shoppes

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Terms of Use

Terms of Use

Overview

Welcome to HomeTownShoppes. We are a service that provides the public with access to local small businesses over the internet to certain internet-connected TV’s, computers smartphones, tablets, and other devices. We represent a multitude of local businesses and provide content for all these businesses (Shoppes).
These Terms of Use govern your use of our service. As used in these Terms of Use, “HomeTownShoppes,” “our service,” or “the service” means the service provided by HomeTownShoppes for discovering and staying up to date about offerings from local shoppes, including all sales, specials and any latest news items. Please note that these Terms of Use include hyperlinks that may be accessed only through our website.

1. Acceptance of Terms of Use

2. Changes to Terms of Use

HomeTownShoppes may from time to time change these Terms of Use, including the Privacy Policy, and Social Terms. Such revisions shall be effective immediately. For existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

3. Privacy

Personally identifying information is subject to our Privacy Policy (https://HomeTownShoppes.com/pages/privacy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Communication Preferences

By using HomeTownShoppes, you consent to receiving electronic communications from HomeTownShoppes relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on HomeTownShoppes, or in your account page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with HomeTownShoppes. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us such as newsletters about new HomeTownShoppes features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, go to your account page to manage your HomeTownShoppes communications. Please review our Privacy Policy (https://HomeTownShoppes.com/pages/privacy) for further detail on our marketing communications.

5. Membership, Free Trials, Billing and Cancellation

    • 5.1. Membership.
      • 5.1.1. Ongoing Membership
        Your HomeTownShoppes membership, which may start with a free trial, will continue month-to-month unless until you cancel your membership or we terminate it. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use HomeTownShoppes. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
        5.1.2. Differing Memberships
        We may offer a number of membership plans, including special promotional plans, or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with HomeTownShoppes by visiting your account page on the website. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate, or otherwise amend our offered membership plans.

5.2. Free Trials

      • 5.2.1. Your HomeTownShoppes membership may start with a free trial. The free trial period of your membership lasts for three days, or as otherwise specified during sign-up. Restrictions may apply for combinations with other offers. Free trials are for new members only. HomeTownShoppes reserves the right to determine your free trial eligibility.
      • 5.2.2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit your account page on our website. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      • 5.2.3. You will not receive a notice from us that your free trial period has ended or that the paid portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

5.3. Billing

    • 5.3.1. Recurring Billing
      By starting your HomeTownShoppes membership, you authorize us to charge your Payment Method a monthly membership fee at the then current rate as well as any other charges incurred in connection with your use of HomeTownShoppes services. You acknowledge that the amount billed each month may vary from month to month for reasons that may include authorized promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for the amounts, which may be billed monthly in one or more charges.
    • 5.3.2. Price Changes
      We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine at our sole discretion. Any price changes to your service will take effect following an email notice to you except as otherwise expressly provided for in these Terms of Use.
    • 5.3.3. Billing Cycle
      The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your HomeTownShoppes membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
    • 5.3.4. No Refunds
      PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
    • 5.3.5. Payment Methods
      You may edit your Payment Method information by visiting your account page on our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    • 5.3.6. Cancellation
      You may cancel your HomeTownShoppes membership at any time. You will continue to have access to HomeTownShoppes’s services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS. To cancel membership, go to your account page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for HomeTownShoppes using your account with a third party as a Payment Method, and wish to cancel your HomeTownShoppes membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, HomeTownShoppes through that third party. You may also find billing information about your HomeTownShoppes membership by visiting your account with the applicable third party.

6. HomeTownShoppes Service.

  • 6.1. You must be 18 years of age, or the age of majority in your province, territory, or country to become a member of HomeTownShoppes. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use.
  • 6.2. HomeTownShoppes services and any content viewed through our service are for your personal and non-commercial use only. During your HomeTownShoppes membership, we grant you a limited, non-exclusive, non-transferable, license to access the HomeTownShoppes service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
  • 6.3. You may view a movie or show through HomeTownShoppes primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. HomeTownShoppes will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch may be limited. Go to your account page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
  • 6.4. We continually update the HomeTownShoppes service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right at our sole discretion to make changes from time to time and without notice in how we offer and operate our service.
  • 6.5. You agree to use HomeTownShoppes, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through HomeTownShoppes without express written permission from HomeTownShoppes and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in HomeTownShoppes services; use any robot, spider, scraper, or other automated means to access HomeTownShoppes services; decompile, reverse engineer, or disassemble any software, other products, or processes accessible through the HomeTownShoppes service; insert any code or product, or manipulate the content of HomeTownShoppes’s services in any way; or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with the HomeTownShoppes service, including any software viruses, computer code, files, or programs.
  • 6.6. The availability of movies & shows to watch will change from time to time and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through, and/or speed of your internet connection. HD availability is subject to your internet service and device capabilities. Not all content is available in HD and not all plans allow you to receive HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. HomeTownShoppes makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or show you have selected, and the configuration of your HomeTownShoppes ready device.
  • 6.7. HomeTownShoppes streaming software is developed by HomeTownShoppes and is designed to enable streaming of content from HomeTownShoppes through HomeTownShoppes ready devices. This software may vary by device and medium and functionalities may also differ between devices. By using our service, you acknowledge and agree to these Terms of Use and to receive, without further notice or prompting, updated versions of the HomeTownShoppes and related third-party software. If you do not accept the foregoing terms, do not use our service. We do not take responsibility or otherwise warrant the performance of these devices, including the continuing compatibility of the device with our service. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the HomeTownShoppes service. If you fail to log out your device, subsequent users may access HomeTownShoppes through your account and may be able to access your account information.
  • 6.8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

7. Passwords & Account Access

The member who created the HomeTownShoppes account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the HomeTownShoppes account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting HomeTownShoppes Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
In order to provide you with ease of access to your account and to help administer HomeTownShoppes’s services, HomeTownShoppes implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the HomeTownShoppes service, including accessing via HomeTownShoppes ready devices or website.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the HomeTownShoppes website and not through a hyperlink in an email or any other electronic communication even if it looks official. HomeTownShoppes reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. HomeTownShoppes is not obligated to credit or discount a membership for holds placed on the account by either a representative of HomeTownShoppes or by the automated processes of HomeTownShoppes.

8. Disclaimers of Warranties and Limitations on Liability

THE HomeTownShoppes SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HomeTownShoppes SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HomeTownShoppes DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HomeTownShoppes SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HomeTownShoppes SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, HomeTownShoppes READY DEVICES, AND HomeTownShoppes SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HomeTownShoppes, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9. Gifts & Promotions

In certain jurisdictions, gift cards for HomeTownShoppes may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website. The purchase and redemption of gift cards are subject to our gift terms. From time to time other types of promotional codes may be available including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by HomeTownShoppes at its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

10. Intellectual Property

  • 10.1. Copyright
    The HomeTownShoppes service, including all content provided on HomeTownShoppes, is protected by copyright, trade secret or other intellectual property laws and treaties.
  • 10.2. Claims of Copyright Infringement
    If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the HomeTownShoppes service, please notify us by completing the Copyright Infringement Claims form (https://HomeTownShoppes.com/pages/copyrights).

11. Governing Law

  1. 11.1. These Terms of Use shall be governed by and construed in accordance with the laws of Canada without regard to conflict of laws provisions.
  2. 11.2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

12. Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the HomeTownShoppes service. These Applications may import data related to your HomeTownShoppes account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and HomeTownShoppes is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY HomeTownShoppes AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

13. Use of Information Submitted

HomeTownShoppes is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the HomeTownShoppes service, including the HomeTownShoppes website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the HomeTownShoppes service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note HomeTownShoppes does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HomeTownShoppes. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against HomeTownShoppes and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

14. Customer Support

To find more information about our service and its features or if you need assistance with your account, please visit HomeTownShoppes Help Center. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

15. Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Last updated: June 20, 2018