24-7 Shopping Mall Terms of Service
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The 24-7 Shopping Mall Terms of Service ("24-7
Shopping Mall" or "Dragstrip Designs" or
the "Service"), owned and operated by Dragstrip
Designs ("24-7 Shopping Mall"), is provided to
you ("you" or "Applicant") under the
terms and conditions of this 24-7 Shopping Mall Terms of
Service Agreement (the "Agreement").
1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING
THE "I UNDERSTAND" BUTTON, YOU REPRESENT AND WARRANT
THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO
PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE
REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS
AGREEMENT AND THE TERMS SET FORTH.
1.3 Dragstrip Designs reserves the right, in its sole discretion,
to change, modify, add, or remove all or part of this Agreement
at any time with or without notice.
1.4 It is recommended that you check back to this agreement
often for any updates or amendments.
2.0 DESCRIPTION OF THE 24-7 SHOPPING MALL TERMS OF SERVICE
2.1 24-7 Shopping Mall is a fee-based service operated by
Dragstrip Designs that enables you to pay for expedited
consideration of your web site for possible inclusion in
the 24-7 Shopping Mall.com web site (the "Directory").
Inclusion in the Directory is not guaranteed. Subject
to the terms below, and in Dragstrip Designs sole discretion,
if your web site is accepted for inclusion in the Directory
through our submission service, you will be bound to our
terms throughout the length of service. By submitting through
the 24-7 Shopping Mall Expedite Registration, the 24-7 Shopping
Mall directory team will review your site for compliance
within four (4) business days, excluding holiday time periods,
and any delays due to problems processing your request.
2.2 In order for Dragstrip Designs to consider your site
for inclusion in the Directory, you must submit a valid
credit card number as part of the registration form. You
agree that your credit card will be charged the then current,
applicable NON-REFUNDABLE fee for expedited
review and response. If your site is included, you agree
that your credit card will be charged the then-current Annual
Fee. I also agree that this will be a recurring annual charge,
unless I notify 24-7 Shopping Mall by email. In order to
not be charged for the follow years subscription, you must
notify 24-7 Shopping Mall, by email, at least five (5) days
prior to the next annual billing period. 24- Shopping Mall
reserves the right to remove your site from the Directory
for any reason, in our sole discretion, including but not
limited to failure to meet the minimum criteria.
2.3 If your site offers services on a subscription basis,
you must provide 24-7 shopping mall a trial password or
subscription ID as part of the registration form. The password/subscription
ID will be used by 24-7 Shopping Mall solely as part of
its evaluation of whether your site meets and maintains
the minimum site criteria explained below.
2.4 The current fee for 24-7 Shopping Mall for initial consideration
in the Directory is a NON-REFUNDABLE fee
of US $59.00 applicable for each web site submitted that
does not include adult content and/or services.
If you are submitting a site offering adult content and/or
services, the applicable fee for initial consideration in
the Directory is a NON-REFUNDABLE FEE of US $499.00. You
acknowledge that the payment of this fee is for consideration
of your site AND DOES NOT IN ANY WAY GUARANTEE THAT
YOUR SITE WILL BE INCLUDED IN THE DIRECTORY. Your
payment only guarantees that 24-7 Shopping Mall will consider
and respond to your request within four business days, by
either accepting or not accepting your site. You expressly
agree to pay to 24-7 Shopping Mallsuch fee whether or not
your site is accepted or denied inclusion in the Directory.
The definition of what 24-7 Shopping Mall considers 'Adult'
would be the exposure, in full or in part of either nipples
or vagina. If a site is selling sheer clothing, these areas
must be edited to be considered as non-adult.
2.5 If Dragstrip Designs is unable to successfully charge
your card or if the charge is refused, your site will not
be listed. If your credit card charge is refused during
a renewal period, your web site will not be re-listed and
will be removed from our Directory. It is the responsibility
of the applicant to keep us current on credit card information.
2.6 Please note that 24-7 Shopping Mall is only open to
sites that DO NOT ALREADY HAVE A LISTING
in the Directory. Do not submit your site to the Directory
if it is already there. IF YOU SUBMIT A SITE THAT
ALREADY EXISTS IN THE DIRECTORY THROUGH THE 24-7 SHOPPING
MALL EXPEDITE SUBMISSION, YOUR CREDIT CARD WILL BE CHARGED
THE THEN-CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW AND
YOUR SITE WILL NOT BE RE-LISTED.
2.7 Change submissions should also NOT BE MADE through the
24-7 Shopping Mall Expedite submission. Change submissions
should be made through Email, or the change submission link.
2.8 Change submissions are limited to two (2) changes per
year. More than two (2) change requests per year will be
up to the sole decision of Dragstrip Designs and the 24-7
Shopping Mall Staff, and will not guarantee that these changes,
above two (2) changes will be made.
2.7 YOUR REPRESENTATIONS REGARDING YOUR SITE
You represent and warrant that the site you are submitting
for consideration does not and will not infringe the rights
of any third party, including without limitation any, rights
of publicity, rights of personality, rights to payment of
royalties, Intellectual Property Rights, rights of privacy,
rights to payment of royalties, or any other rights of third
parties not specifically identified in this Section. Further,
you warrant and represent that all aspects of the site submitted
for consideration comply with all applicable laws and regulations.
3.0 MINIMUM WEB SITE LISTING CRITERIA
3.1 All web sites submitted to the 24-7 Shopping Mall must
meet the following minimum criteria
• The site must not support or be linked with any
illegal activities, groups or alike.
• If the site is a commercial web site, the official
business name must be visible to any visitor to that site;
• The site may not appear in the Directory under a
different URL;
• The site must be in the English language (or have
an English version available);
• The site must be up and running 24 hours a day,
7 days a week.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND DRAGSTRIP
DESIGNS, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA
BEFORE ACCEPTING, REJECTING, OR REMOVING A SITE.
4.0 SELECTION AND LISTING OF SITES
4.1 The 24-7 Shopping Mall staff reserves the right to decide
whether, where, and how a site is listed in the Directory.
If your site is accepted, we will consider your preferences,
but do not guarantee where we will list your site.
4.2 The 24-7 Shopping Mall staff also reserves the right,
in its sole discretion to move the listing to a different
category or subcategory to remove your site from the Directory,
change or remove any keywords, comments, or annotations
at any time, for any reason.
5.0 CONTACT
5.1 The 24-7 Shopping Mall will contact all Applicants by
email describing whether the site has been accepted or rejected.
If the site is rejected, the Applicant is entitled to request
one appeal.
6.0 FORCE MAJEURE
Dragstrip Designs is not liable for any delay or failure
in performance under the Agreement resulting directly or
indirectly from acts of God, terrorism, or other causes
beyond its reasonable control.
7.0 SERVICE UP TIME
7.1 Dragstrip Designs is not liable for any delay or failure
in whole or in part with service to its customers.
7.2 Dragstrip Designs is not liable for service disruptions
or discontinuation of service or performance to you the
customer, or it’s customers that use the service of
24-7 Shopping Mall.com.
8.0 TERMINATION
8.1 If you wish to terminate participation in the 24-7 Shopping
Mall Directory program, you must send a notice to 24-7 Shopping
Mall as set forth in Section 11, "Notices," below.
Please state that you wish to discontinue your listing with
24-7 Shopping Mall.
8.2 To avoid your credit card being billed for the Recurring
Annual Fee, requests for termination must be received by
Dragstrip Designs, through the 24-7 Shopping Mall web site
contact information at least five (5) business days before
the end of the year that you intend to be your last year
of participation. The "end of the year" is defined
as 365 days from the date that your web site was added to
the 24-7 Shopping Mall Directory as noted on the confirmation
emailed to you at that time. Once we have received notification
from you, your participation in the 24-7 Shopping Mall program
will cease and your listing will be removed. If your removal
request is received more than five (5) business days before
the end of the year that you intend to be your last year
of participation, 24-7 Shopping Mall will not issue any
credit in whole, or in part for time not listed.
9.0 APPLICANT PRIVACY
9.1 24-7 Shopping Mall maintains information about Applicant
in our database, including but not limited to Applicant's
registration information. 24-7 Shopping Mall will not sell
this information to any third party vendors or Company’s.
This information is kept private and confidential.
9.2 24-7 Shopping Mall may contact Applicant regarding their
listing in the 24-7 Shopping Mall directory using the Applicant's
email address provided during the registration process (or
as updated by Applicant). Such email messages may contain
opportunities regarding special offers and new products
from us.
10.0 INDEMNITY
10.1 Applicant agrees to indemnify, defend, and hold harmless
Dragstrip Designs, and its officers, directors, employees,
and agents, for all losses and costs related to any claim
or demand, including reasonable attorney's fees, made by
any third party due to or arising out of Applicant's use
of or listing in the Service, the acceptance or rejection
of Applicant's suggested site, any alleged violation of
this Agreement, or any alleged violation of any rights of
others.
11.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER
IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
DRAGSTRIP DESIGNS, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES
SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR
EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS,
PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION
OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF DRAGSTRIP
DESIGNS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT
IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS
SERVICE, DRAGSTRIP DESIGNS ACCEPTANCE OR REJECTION OF A
SUGGESTED SITE, OR DRAGSTRIP DESIGNS CONTINUED LISTING OF
A SITE IN THE DIRECTORY.
DRAGSTRIP DESIGNS LIABILITY TO APPLICANT SHALL NOT, FOR
ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT
TO DRAGSTRIP DESIGNSUNDER THIS AGREEMENT.
12.0 NOTICES
12.1 Any notices or communications under the Agreement shall
be by electronic mail or online forms.
13.0 ENTIRE AGREEMENT
13.1 This Agreement constitutes the entire agreement between
the parties with respect to the Service.
