Terms and Conditions
You agree that we may provide agreements and disclosures related to the Shaker Platform to you electronically instead of in paper form. Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Shaker Platform. During the term that you maintain an Account with us for the Shaker Platform (“Account”), you agree to provide us with and maintain a valid email address where we may deliver these agreements and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.
Occasionally there may be information on the Shaker Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Shaker Platform, we ask that you contact us via e-mail email@example.com
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the Shaker Platform (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the Shaker Platform and the Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Shaker Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Shaker Platform or related software.
Except as otherwise agreed to by the Company, the Company offers you access to the Shaker Platform and to the content available on the Shaker Platform solely for your own personal and noncommercial use. You may not resell or make any commercial use of the Shaker Platform or the content on the Shaker Platform. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Shaker Platform, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.
You may not use this Shaker Platform in any manner that could damage, disable, overburden, or impair the Shaker Platform or interfere with any other person’s use and enjoyment of the Shaker Platform. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this Shaker Platform, including, but not limited to, unauthorized framing of or linking to the Shaker Platform, or unauthorized use of any robot, spider, or other automated device on the Shaker Platform, or any manual process to monitor or copy any portion of the content contained on the Shaker Platform, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.ELIGIBILITY
Use of the Shaker Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Shaker. To sign up for an Account, you must provide your full legal name, email address, and a password. The Company may refuse access to or use of the Shaker Platform or any of the Company’s services (such as, but not limited to, listings, chat, discussion boards, email, and bidding) to anyone at any time, in its sole discretion.
REQUIREMENTS TO USE THE SHAKER PLATFORM
Use of the Shaker Platform requires internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Shaker Platform is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Shaker Platform.
The Company does not warrant, represent, or guarantee that its Shaker Platform will be available on your mobile device. If you do use a mobile device to access the Shaker Platform, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Shaker Platform, which are solely your responsibility.
Who May Use the Shaker Platform
The Shaker Platform is available for individuals who are at least eighteen (18) years of age or business entities authorized to conduct business by the state in which it operates. The Shaker Platform is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the Shaker Platform from outside these locations. You may not export the Shaker Platform directly or indirectly, and acknowledge that the Shaker Platform may be subject to export restrictions.
To access the Shaker Platform you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the Shaker Platform in the United States; (c) you will not transfer your access to the Shaker Platform to another person or allow another person to use your Account; (d) you are eligible to register and use the Shaker Platform and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
The Company’s Rights
Interacting with the Company
Your use of the Shaker Platform includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the Shaker Platform or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Shaker Platform, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.Account and Password
In order to access all the features and services of the Shaker Platform, you need a valid user ID and corresponding password. Upon signing up for an Account, you will be required to select a temporary password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. You are responsible for maintaining the confidentiality of your Account password. You are responsible for all uses of your Account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Account.
Documentation of Transactions
At the time of transaction, you will receive an email receipt for the transaction. Retain the receipt for your records.
Notice of Errors
If you think a receipt is wrong or you have a question write to: Shaker (GTApp Inc) 722 South Bixel Street, 655A Los Angeles, CA 90017 or firstname.lastname@example.org.
Purchasing a Merchant-Issued Closed Loop Gift Account
The Shaker Platform may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the Shaker Platform, system resources or accounts or any network. You may not abuse systems, or make use of the Shaker Platform in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Shaker Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Shaker Account purchases, and any of your activity with law enforcement authorities.
The Company reserves the right to review, postpone, or cancel the purchase on the Shaker Platform or the dispersal of funds to any user at our discretion. Additionally, you represent and warrant that you will not use the Shaker Platform, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Shaker Platform, and you will not use the Shaker Platform for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; or (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (10) the distribution of unsolicited commercial email (“spam”) or advertisements; (11) “stalking” or harassing any other user of our products or services or collecting or storing any information about any other user other than for purposes of transacting as a user of the Shaker Platform; (12) registering for more than one user account or registering for a user account on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the Shaker Platform; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.Report Fraud
With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, the Company prides itself on its progressive fraud prevention system that has produced minimal fraud-related losses to both the company and, more importantly, the cardholder.
We may terminate this Agreement and modify or close your Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the Shaker Platform and/or your Account (including the funds in your Account) if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your Account is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Shaker Platform; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the Shaker Platform or deletion of your information or account data.
You may terminate this Agreement and other agreements by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled and we will erase the contents of your wallet. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you in a reasonable time. If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
If we terminate this Agreement and your Account, you will remain liable for all amounts due under your Account up to and including the date of termination.Restricting Access to Account Funds for Investigations
We may restrict access to funds in your Account to allow us to investigate the use of your Account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if otherwise requested by law enforcement or governmental entity.INDEMNIFICATION
YOU ARE USING THE SHAKER PLATFORM AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THE SHAKER PLATFORM “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SHAKER PLATFORM, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. COMPANY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SHAKER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE SHAKER PLATFORM AND ITS PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SHAKER PLATFORM OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SHAKER PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SHAKER PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SHAKER PLATFORM, FOR THE SERVICES PROVIDED ON THE SHAKER PLATFORM OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS SHAKER PLATFORM.VIRUSES
The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Shaker Platform or your downloading of any materials, data, text, images, video or auction from the Shaker Platform.PRIVACY AND SECURITY
All content included on the Shaker Platform is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Shaker is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the Shaker Platform is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the Shaker Platform is intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Shaker Platform is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the Shaker Platform are the property of the respective owners, including third party providers of products and services with links to and from the Shaker Platform.Digital Millennium Copyright Act NOTICES
The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Shaker Platform without authorization in a way that constitutes copyright infringement, you may notify us by sending mail to our designated agent:NAME: Shaker
ADDRESS: GTApp Inc.,
722 South Bixel Street, #655A, Los Angeles, CA 90017
The notice must have the following information, as specified by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):
SHAKER IS NOT A MONEY SERVICES BUSINESS
The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Shaker Platform or its products or services primarily for the purpose of transmitting funds.GOVERNING LAW, ARBITRATION AND JURISDICTION