Terms & Conditions


http://copyshoppy.com (the “Site”) belongs to CopyShoppy, Inc, a Delaware Corporation (“CopyShoppy, “us”, “we”) and is a copyrighted work. Additional guidelines and terms may be required for certain features of the Site, and all such additional terms, guidelines and rules are incorporated into this agreement as reference. If any of these additional terms conflict with the terms of this agreement, these terms of use shall hold precedence. The Terms of Use set forth in this Agreement are legally binding terms for use of the Site and Services. Your use or action taken to access this site or services shall constitute an acceptance of this agreement in its entirety. By accessing the Site or Services, you represent and certify that you have the right, authority, and capacity to enter into this agreement. You must be at least 18 years old to access or use the Site or Services. The use of arbitration on and individual basis to resolve disputes is required by this agreement, rather than through jury trials or class actions, and also limits the remedies available to you in the event a dispute arises. 


1. Service.


1.1          General.

CopyShoppy is an online platform that connects clients who wish to purchase copywriting work ("Clients") and copywriters who wish to provide such copy (“Copywriters”) through Copywriting Contests (the “Service”). “User” means any user of the Site or Service, and may be a Copywriter or a Client. To the extent you are a Client, the provisions in this Agreement regarding Clients apply to you. To the extent you are a Copywriter, the provisions in this Agreement regarding Copywriters apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. “Selling Copywriter” means a winning Copywriter whose Copywriting Work is selected by a Client in a Copywriting Contest. “Buying Client” means the applicable Client. “Sold Copy” means the applicable winning Copywriting Work. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country. “Sale” means the applicable sale.


1.2      Copywriting Contest.

By developing a creative brief (“Creative Brief”), paying the Client Payment, and following instructions on the Site, Client may create a copywriting contest (“Copywriting Contest”). There are currently two types of Copywriting Contests: (1) the default Pre-Paid Contest and (2) the Guaranteed Contest. Copywriters invited by CopyShoppy (in CopyShoppy’s sole discretion) to enter a Copywriting Contest may submit copywriting work (“Copywriting Work”) in the format specified by CopyShoppy by following the instructions on the Site. Copywriting Work must comply with the Creative Brief. For Guaranteed Contests, Client must select winning Copywriting Work by a certain time specified by CopyShoppy. If no winner is selected within 30 days of the contest becoming a Guaranteed Contest, CopyShoppy will retain the Client Payment, and if the contest has entered the Final Round CopyShoppy may distribute the Copywriter Fee equally among the Copywriters who are finalists in the Guaranteed Contest who satisfy criteria determined by CopyShoppy in its sole discretion, and Client will have no right to a refund or to use the Copywriting Work. For Pre-Paid Contests, Client must select one winning Copywriting Work by the time that the Prepaid Contest closes. Client may withdraw Prepaid Contest (but not a Guaranteed Contest) for a refund of the Client Payment (excluding the Contest Listing Fee, Minimum Prize Retainer, and Listing Enhancement Payments as mentioned in Section 1.3) at any time up to 14 days after the date of payment for the Prepaid Contest, but only if (a) the contest has not received a minimum of 30 options, and (b) the contest is not Guaranteed.  For the avoidance of doubt, Buying Client has no right or license to use any Copywriting Work other than the Sold Copy. Client may not: (a) Run a Copywriting Contest if Client is tendering the creation of the same copy through a service other than the Site; (b) allow or request Copywriters to submit Copywriting Work to Client via any means other than via the Site; and (c) colluded in relation to the awarding of a winner in a Copywriting Contest or awarding a separate account held by Client as the successful Copywriter in a Copywriting Contest. If Client runs a Copywriting Contest and tenders the creation of the same copy through a service other than the Site, Client may not request a refund for the Copywriting Contest. Clients and Copywriters must deal on an arm’s length basis. Clients may not cancel any Copywriting Contest for the purpose of contracting separately with a Copywriter Client meets through the Site which results in Client avoiding paying CopyShoppy any fees and charges of CopyShoppy or the Client Payment.


           1.3      Contest Listing Fee & Non-Refundable Payments 

The "Contest Listing Fee" is a non-refundable fee of $39. There is also an additional non-refundable $50 Minimum Prize Retainer. The Minimum Prize Retainer will be paid to a copywriter selected by CopyShoppy for a refunded contest to ensure fairness to our copywriting community. Additionally, any payments made towards enhancing the contest listing "Listing Enhancement Payments", such as featuring the contest ($79), highlighting the contest ($19), making the contest blind ($39), or a bundle option which bundles all the contest listing enhancing options into one payment ($95) are non-refundable fees.  Regardless of when or in what circumstances a refund request is made, the Contest Listing Fee, Listing Enhancement Payments, as well as the Minimum Prize Retainer as mentioned in this Section 1.3 are non-refundable payments. 



2. Assignment.


2.1    Assignment.

If a Buying Client has purchased Sold Copy through a Copywriting Contest, this clause will apply. Upon receipt of payment for the Sold Copy in the form of CopyShoppy Dollar Credits, Selling Copywriter hereby assigns to the Buying Client all right, title and interest in and to the Sold Copy and all IPR therein. Selling Copywriter cannot use the Sold Copy to license the Sold Copy to any other person or for Selling Copywriters’s own purposes.

2.2    Representations and Warranties.

The following are representations and warranties by the Selling Copywriter. The Selling Copywriter warrants and represents that (a) it has all rights necessary (including any third party licenses required) to grant the foregoing assignment or license (as applicable) and (b) unless disclosed by Selling Copywriter when initially submitting the Sold Copy to the Copywriting Contest, Selling Copywriter represents and warrants that the Sold Copy does not contain any IPR licensed from a third party. Selling Copywriter will indemnify and hold Buying Client harmless, including costs and attorneys’ fees, from any third party claim that the Sold Copy infringes/misappropriates such party’s IPR or any third party claim arising out of a breach by the Selling Copy of the foregoing warranty.


3. Payment Terms.


3.1    Payment and Delivery.

Buying Client will pay the Client Payment upon a Sale,  and CopyShoppy will pay Selling Copywriter the Copywriter Fee (subject to first receiving payment from the Buying Client), and (b) Selling Copywriter will upload the Sold Copy and CopyShoppy will deliver the Sold Copy to the Buying Client, in a format specified by CopyShoppy. The “Client Payment” means the price selected by Client when Client created a Copy Contest. The “Copywriter Fee” means the Client Payment, minus the fees and charges imposed by CopyShoppy and minus any applicable Taxes. Buying Client will not pay Selling Copywriter separately outside the Site in relation to the supply of Copywriting or pay Selling Copywriter any amount in excess of the Client Payment for the Sold Copy.

3.2      Refunds.

When issuing a refund to the Buying Client, refunds will be paid using the same payment methods Buying Client used to remit the Client Payment to CopyShoppy or via any other method specified by CopyShoppy from time to time. If a refund is paid to Buying Client or a credit card charge back occurs, then: (a) Selling Copywriter must reimburse CopyShoppy for the applicable Copywriter fee (the reimbursement will first be paid out of any CopyShoppy Dollar Credits held by Selling Copywriter and any remaining debt will be payable by Selling Copywriter to CopyShoppy on demand); and (b) Buying Client will initially receive the amount of the Client Payment, less the Copywriter Fee and will receive the Copywriter Fee only once the Copywriter Fee is reimbursed by Selling Copywriter to CopyShoppy. CopyShoppy may refund Buying Clients for the following reasons: (i) the Sold Copy is Defective; (ii) CopyShoppy is required by law or considers that it is required by law to do so; (iii) CopyShoppy determines that issuing a refund to the Client will avoid any dispute or increased costs to CopyShoppy; (iv) CopyShoppy issues the refund to the Client in accordance with any refund policy specified by CopyShoppy from time to time; (v) the order placed (or request made) by the Client is found to be fraudulent; (vi) the Client placed a duplicate order (or request) in error; or (vii) in CopyShoppy’ sole opinion, CopyShoppy considers that it is likely that the refund is necessary to avoid a credit card charge back. CopyShoppy’ resolve as to whether a refund is required is final and conclusive and may not be challenged by you. The Sold Copy will be deemed to be “Defective” if: (i) Buying Client and Selling Copywriter agree it is defective and notify CopyShoppy of this fact; (ii) CopyShoppy deems (in its sole discretion) that the Sold Copy is defective, or (iii) the Sold Copy is subject to a third party claim that the Sold Copy infringes/misappropriates such party’s IPR, that CopyShoppy deems (in its sole discretion) not to be taken lightly. The Contest Listing Fee, Listing Enhancement Payments or the Minimum Prize Retainer as mentioned in Section 1.3 are non-refundable payments. 

3.3      CopyShoppy Dollar Credits.

The Selling Copywriter will be paid the Copywriter Fee in CopyShoppy Credits. CopyShoppy Credits are equivalent to one US dollar and are not legal tender and cannot be traded or sold to third parties. CopyShoppy Credits are only exchangeable for Sold Copy. The balance of any CopyShoppy Credits held by you may be reduced at any time by CopyShoppy for charge-backs or refunds, or for any amount owing by you to CopyShoppy, to compensate CopyShoppy for any loss that it determines (in its sole discretion) it has suffered as a result of any breach of this Agreement by you. Provided that you are not in breach of this Agreement and your Account is not suspended, you may at any time (and CopyShoppy may require you to at any time) convert CopyShoppy Credits which you hold in your Account to U.S. dollars or any other currency specified by CopyShoppy from time to time. Any such payments will be subject to any minimum or maximum withdrawal amounts set by CopyShoppy, may be subject to reasonable withholdings to address charge-backs and refunds, and be made via the payment method specified by CopyShoppy from time to time. CopyShoppy is not an escrow service and does not hold property on behalf of any person. The only rights that you have to receive payment of any amounts held by CopyShoppy are as set out in this Section 3.3. All amounts deposited or paid to CopyShoppy are property of CopyShoppy and CopyShoppy may use those funds according to its sole discretion.

3.4    General Payment Terms.

You are responsible and agree to be responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold Copy via the Site. All payment will be in US dollars. CopyShoppy is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement.


4. IMPORTANT DISCLAIMERS AND RELEASE.


4.1     DISCLAIMER.

CopyShoppy does not make any warranties or guarantees regarding the Copywriting Contest, Copywriting Work or other products or services provided by Copywriters, Clients or any other users, and each of the foregoing are provided “as-is” by us. Buying Clients buy Sold Copy and Selling Copywriters sell at their own risk. Before proceeding with any transaction with any other user, you should make whatever investigation you feel necessary. CopyShoppy will not be responsible for any damage or loss incurred as the result of an interaction between you and any other user of the site. Interactions between you and any other User are solely between you and such user. Section 12 and 13 disclaimers will not be limited by the foregoing disclaimer.

4.2

By using the Site, you hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, other Users, including Clients and Copywriters and Third Party Sites & Ads. You hereby waive California Civil Code Section 1542 (if you are a California Resident) in connection with the forgoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”


5. User Accounts.


You must register for an account with CopyShoppy (“Account”) and provide certain information about yourself as prompted by the Site registration form in order to use the Service. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by calling customer support at the contact number below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify CopyShoppy of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Copywriters may not have more than one Account. CopyShoppy cannot and will not be liable for any loss or damage arising from your failure to comply with requirements listed above.


6. User Content.


6.1     Your User Content.

All information and content that a User submits to, or uses with, the Site or Services is called “User Content”. User Content includes Copywriting Contests, Copywriting Work, and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by CopyShoppy. Because you alone are responsible for your User Content (and not CopyShoppy), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. CopyShoppy is not obligated to remove any Copywriting Contests, Copywriting Work, or Reviews from the Site unless required by applicable Law. You are solely responsible for creating backup copies of your User Content if you desire.

User Content may be removed at anytime. CopyShoppy is not obligated to backup any User Content.  

6.2      User Content (License).

You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content, and you hereby grant, and you represent and warrant that you have the right to grant, to CopyShoppy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services; provided that CopyShoppy will only use your Creative Brief and Copywriting Work to run the applicable Copywriting Contest in accordance with the private or public settings of the  Copywriting Contest. For the avoidance of doubt, Selling Copywriters license or assignment of the Sold Copy to the Buying Client is not governed by the foregoing license and rather is set forth in Section 2 above.


7. Acceptable Use Policy.


The following sets forth CopyShoppy’ “Acceptable Use Policy”:

7.1     Privacy.

By accessing the Site and Service, you agree that you will only use the personal information of other Clients or Copywriters made available to you only for the purposes of interacting with them in relation to the Services. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information. You must not use their personal information for any other purpose, including for marketing purposes.

7.2     User Content.

By accessing the Site and Service, you agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is in violation of any Laws, or obligations or restrictions imposed by any third party; or (c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way.

7.3     Use Restrictions.

You may not and agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) display, mirror, or frame the Site; or (i) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity.

7.4

CopyShoppy reserves the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or create liability for us or any other person or violate any other provision of this Agreement or otherwise.

7.5        Additional Guidelines/Policies

a. Privacy Policy

b. Code of Conduct

c. Copy Originality Policy


8. Site.


 8.1       License.

CopyShoppy grants you a non-transferable, non-exclusive, license to use the Site and Services (excluding the Copywriting Work) for your internal business purposes subject to the terms of this Agreement. For the avoidance of doubt, Selling Copywriters license or assignment of the Sold Copy to the Buying Client is not governed by the foregoing license and is set forth in Section 2 above.

8.2   Certain Restrictions.

The following restrictions apply to the rights given to you in this Agreement: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, Client, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. CopyShoppy reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You acknowledge and agree that CopyShoppy will have no obligation to provide you with any support or maintenance in connection with the Site or Services. You agree that CopyShoppy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

8.3     Feedback.

You hereby assign to CopyShoppy all rights in any feedback or suggestions regarding the Site or Services (“Feedback”) and agree that CopyShoppy shall have the right to use such Feedback and related information in any manner it deems appropriate. You agree that you will not submit to CopyShoppy any information or ideas that you consider to be confidential or proprietary. CopyShoppy will treat any Feedback you provide to CopyShoppy as non-confidential and non-proprietary.

8.4     Ownership.

Excluding your User Content (Each User owns its own User Content), you acknowledge that all the IPR in the Site and Services are owned by CopyShoppy or CopyShoppy’ licensors. CopyShoppy and its suppliers reserve all rights not granted in this Agreement. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR.


9. Indemnity.


You agree that CopyShoppy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree to indemnify and hold CopyShoppy (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Copywriting Contest, Copywriting Concept, and Reviews), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws. You agree not to settle any matter without the prior written consent of CopyShoppy. Upon becoming aware of it, CopyShoppy will use reasonable efforts to notify you of any such claim, action or proceeding.


10. Third Party Sites & Ads.


Third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”) may be placed in the Site. Such Third Party Sites & Ads are not under the control of CopyShoppy and CopyShoppy is not responsible for any Third Party Sites & Ads. CopyShoppy provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s data gathering practices and privacy polices.  


11. Term and Termination.


This Agreement will remain in full force and effect while you use the Site or Services subject to this Section. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. CopyShoppy will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 4, 6, 7, 8 (excluding Section 8.1), 9, 10, 12, 13, and 14.


12. Disclaimers.


CopyShoppy expressly disclaims any warranties and conditions of any kind, whether express or implied, including the conditions or warranties of title, quiet enjoyment, accuracy, merchantability, fitness for a particular purpose, or non-infringement. The Site and Services are provided “as-is” and as “as available”. CopyShoppy (and our suppliers) make no guarantee or warrant that the Site or Services (a) will be available on a non-interrupted basis, (b) will be reliable, accurate or free of viruses or other harmful code, legal, safe or complete, or (c) will meet your requirements.

The above exclusion may not apply to you as some jurisdictions do not allow the exclusion of implied warranties.


13. Limitation on Liability.


Use of and access to the Site and Services are at your own discretion and risk; you will be solely responsible for any loss of data or damage to your computer system therefrom. In no event shall CopyShoppy (and our suppliers) be liable to you or any third party for any lost profit or any indirect, exemplary, consequential, special, incidental or punitive damages arising from or relating to this agreement or use of, or inability to use the Site, regardless of whether we have been advised of the possibility of such damages. Liability to you for any damages arising from or related to this agreement (for any cause whatsoever regardless of the form of the action), will at all times be limited to the greater of (a) any amount you have paid CopyShoppy in the prior 12 months (if any) or (b) fifty US Dollars ($50). If there is more than one claim, the limit will not enlarge.

The above limitation may not apply to you as some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and you may also have other legal rights (that vary from jurisdiction to jurisdiction).

If a certain legislation applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of CopyShoppy is limited, at the option of CopyShoppy, to: (a) in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) In the case of services: (i) the payment of the cost of having the services supplied again; or (ii) the supplying of the services again.


14. General.


14.1. Revisions to Terms of Use.

From time to time there may be some changes to the Terms of Use, as such this Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Following notice of such changes, if you continue to use our Site or Services, this action shall demonstrate your acknowledgement and acceptance of such changes to the agreement.

14.2 Governing Law

Dispute Resolution

Please read this carefully as it affects your rights; if you are located in the United States, the following applies to you:

a.     Any and all disputes between you and CopyShoppy (except for either party’s claims of infringement or misappropriation of the other party’s patent, trademark, copyright, or trade secret) is to be and must be resolved through binding arbitration as described in this section. This agreement includes, but is not limited to, all disputes and claims regarding your use of any of the CopyShoppy Site and Service. The agreement to arbitrate is intended to be understood generally.

b.     By entering into this agreement, you agree that you and CopyShoppy each may bring claims against each other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that you and CopyShoppy are each waiving the right to trial by jury or to participate in a class action.

c.     The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section, will govern the arbitration. Regarding claims where the total amount of the award sought is $10,000 or less, the AAA, you and CopyShoppy shall not include any personal appearance by the witnesses or parties unless otherwise agreed mutually by the parties. If a claim arises which exceeds $10,000, the right to a hearing will be determined by the AAA riles, and the hearing (if any) must take place in your choice of the following locations: Delaware or New York, NY. The arbitrator’s ruling will be binding and also may be entered as a judgment in any court of competent jurisdiction. If this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state and federal courts located in the State of Delaware. Without giving effect to any law that would result in the application of the law of another jurisdiction, this agreement shall be construed and governed solely by and exclusively in accordance with the laws of the State of Delaware, USA.

14.3 Entire Agreement

In regards to the use of the Site and Service, this Agreement constitutes the entire agreement between you and CopyShoppy. The terms of this Agreement shall be binding upon assignees. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your agree that your relationship to CopyShoppy is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be subcontracted, assigned delegated, or otherwise transferred by you without CopyShoppy’s prior written consent, and any attempted subcontract, assignment, delegation, or transfer in violation of the foregoing will be void and null.

14.4 Trademark/Copyright Information.

Copyright © 2013-2014, CopyShoppy. All rights reserved. All logos, trademarks and service marks (“Marks”) are not permitted for use without our prior consent or the express written consent of such third party that may own the marks. All Marks displayed on the Site are our property or the property of other third parties.

14.5  Contact Information - admin@copyshoppy.com