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</ul> Opens in a new windowOpens an external siteOpens an external site in a new window Terms of Service <p>Last updated on: December 10, 2020</p>
<p>By signing up for a Shopify Account (as defined in Section 1) or by
using any Shopify Services (as defined below), you are agreeing to
be bound by the following terms and conditions (the “Terms of Service”).</p>
<p>As used in these Terms of Service, “we”, “us” and “Shopify” means
the applicable Shopify Contracting Party (as defined in Section 4 below).</p>
<p>The services offered by Shopify under the Terms of Service include various products
and services to help you sell goods and services to buyers, whether
online (“Online Services”) by enabling you to create and build your own online store,
in person (“POS Services”), or both.
Any such
services offered by Shopify are referred to in these Terms of Services
as the “Services”.
Any new features or tools which are added to the
current Services shall be also subject to the Terms of Service.
You can
review the current version of the Terms of Service at any time at
https://www.shopify.com/legal/terms.
Shopify reserves the right to
update and change the Terms of Service by posting updates and changes to
the Shopify website.
You are advised to check the Terms of Service from
time to time for any updates or changes that may impact you.
and if
you do not accept such amendments, you must cease using the Services.</p>
<p>You must read, agree with and accept all of the terms and conditions
contained or expressly referenced in these Terms of Service,
including Shopify’s Acceptable Use Policy (“AUP”) and
Privacy Policy, and, if
applicable, the Supplementary Terms of Service for E.U.
Merchants ("EU Terms"),
the Shopify API License and Terms of Use (“API Terms”)
and the Shopify Data Processing Addendum (“DPA”)
before you may sign up for a Shopify Account or use any Shopify Service.
Additionally, if you offer goods or services in relation to COVID-19, you must
read, acknowledge and agree to the Rules of Engagement for Sale of COVID-19
Related Products.</p>
<p>
<strong>Everyday language summaries are provided for convenience only and
appear in bold under each section, but these summaries are not legally
binding.
Please read the Terms of Service, including any document
referred to in these Terms of Service, for the complete picture of your
legal requirements.
By using Shopify or any Shopify services, you are
agreeing to these terms.
Be sure to occasionally
check back for updates.</strong>
</p> 1.
Account Terms <ol>
<li>To access and use the Services, you must register for a
Shopify account (“Account”) by providing your full legal
name, current address, phone number, a valid email address,
and any other information indicated as required.
Shopify may
reject your application for an Account, or cancel an
existing Account, for any reason, in our sole discretion.</li>
<li>You must be the older of: (i) 18 years, or (ii) at least
the age of majority in the jurisdiction where you reside
and from which you use the Services to open an Account.</li>
<li>You confirm that you are receiving any Services provided
by Shopify for the purposes of carrying on a business activity
and not for any personal, household or family purpose.</li>
<li>You acknowledge that Shopify will use the email address
you provide on opening an Account or as updated by you
from time to time as the primary method for communication with you.
You must monitor the primary Account email address you provide to Shopify
and your primary Account email address must be capable of both sending and
receiving messages.
Your email communications with Shopify can
only be authenticated if they come from your primary Account email address.</li>
<li>You are responsible for keeping your password secure.
Shopify
cannot and will not be liable for any loss or damage from your
failure to maintain the security of your Account and password.</li>
<li>You acknowledge that you are responsible for the creation and operation of your Shopify Store.</li>
<li>Shopify is not a marketplace.
Any contract of sale through your Shopify Store is directly between you and the buyer.</li>
<li>You are responsible for all activity and content such as photos,
images, videos, graphics, written content, audio files, code,
information, or data uploaded, collected, generated, stored, displayed,
distributed, transmitted or exhibited on or in connection with your
Account (“Materials”).</li>
<li>A breach or violation of any term in the Terms of Service, including the AUP, as
determined in the sole discretion of Shopify may result in an
immediate termination of your Services.</li>
</ol> Which means <p>You are responsible for your Account and any Materials you upload to the Shopify Service.
Remember that if you violate these terms we may cancel your service.</p>
<p>If we need to reach you, we will send you an email.</p> 2.
Account Activation <p>
<strong>2.1 Store Owner</strong>
</p>
<ol>
<li>Subject to section 2.1(2), the person signing up for the Service
by opening an Account will be the contracting party (“Store Owner”) for the purposes
of our Terms of Service and will be the person who is authorized
to use any corresponding Account we may provide to the Store
Owner in connection with the Service.
You are responsible for
ensuring that the name of the Store Owner (including the legal
name of the company that owns the Store, if applicable) is clearly
visible on the Store’s website.</li>
<li>If you are signing up for the Services on behalf of your employer,
your employer shall be the Store Owner.
If you are signing up
for the Services on behalf of your employer, then you
must use your employer-issued email address and you represent and
warrant that you have the authority to bind your employer to our
Terms of Service.</li>
<li>Your Shopify Store can only be associated with one Store
Owner.
A Store Owner may have multiple Shopify Stores.
“Store”
means the online store or physical retail location(s) associated
with the Account.</li>
</ol>
<p>
<strong>2.2 Staff Accounts</strong>
</p>
<ol>
<li>Based on your Shopify pricing plan, you can create one or
more staff accounts (“Staff Accounts”) allowing other people
to access the Account.
With Staff Accounts, the Store Owner can
set permissions and let other people work in their Account
while determining the level of access by Staff Accounts to
specific business information (for example, you can limit Staff
Account access to sales information on the Reports page or prevent
Staff Accounts from changing general store settings).</li>
<li>The Store Owner is responsible and liable for the acts,
omissions and defaults arising from use of Staff Accounts in the
performance of obligations under these Terms of Service as if
they were the Store Owner’s own acts, omissions or defaults.</li>
<li>The Store Owner and the users under Staff Accounts are each
referred to as a “Shopify User”.</li>
</ol>
<p>
<strong>2.3 PayPal Express Checkout and Shopify Payments Accounts</strong>
</p>
<ol>
<li>Upon completion of sign up for the Service, Shopify will create a
PayPal Express Checkout account on your behalf, using your email
address.
Depending on your location, Shopify may also create a
Shopify Payments account on your behalf.</li>
<li>You acknowledge that PayPal Express Checkout and/or Shopify
Payments will be your default payments gateway(s) and that it is
your sole responsibility as the Store Owner to activate and
maintain these accounts.
If you do not wish to keep either of the
payment accounts active, it is your responsibility to deactivate
them.
For the avoidance of doubt, PayPal Express Checkout is a
Third Party Service, as defined in Section 17 of these Terms of
Service.</li>
</ol>
<p>
<strong>2.4 Apple Pay for Safari Account</strong>
</p>
<ol>
<li>Upon completion of sign up for the Service, Shopify will create
an Apple Pay for Safari (“Apple Pay”) account on your behalf,
using the URL(s) and business name associated with your Account.
Depending on your location, Shopify may activate your Apple Pay
account on your behalf, otherwise you will be required to activate
your Apple Pay account within your Account admin.
If you do not
wish to keep your Apple Pay account active, it is your
responsibility to deactivate it.
For the avoidance of doubt, Apple
Pay is a Third Party Service, as defined in Section 17 of these
Terms of Service.</li>
<li>If you use an Apple Pay supported payment gateway and your
customers have enabled Apple Pay on their device, customers may
purchase goods and services from your Store using Apple Pay.</li>
<li>By using Apple Pay on your Store, you are agreeing to be bound by
the Apple Pay Platform Web Merchant Terms and Conditions,
as they may be amended by Apple from time to time.
If Apple amends
the Apple Pay Platform Web Merchant Terms and Conditions, the
amended and restated version will be posted here: https://www.shopify.com/legal/apple-pay.
Such amendments to the Apple Pay Platform Web Merchant Terms are
effective as of the date of posting.
Your continued use of Apple
Pay on your Store after the amended Apple Pay Platform Web
Merchant Terms are posted constitutes your agreement to, and
acceptance of, the amended Apple Pay Platform Web Merchant Terms.
If you do not agree to any changes to the Apple Pay Platform Web
Merchant Terms, de-activate your Apple Pay account and do not
continue to use Apple Pay on your Store.</li>
</ol>
<p>
<strong>2.5 Google Payment</strong>
</p>
<ol>
<li>
<p>Upon completion of sign up for the Service, if you have been
enrolled in Shopify Payments, Shopify will also create a Google
Payment account on your behalf.
If you do not wish to keep your
Google Payment account active, it is your responsibility to
deactivate it.
For the avoidance of doubt, Google Payment is a
Third Party Service, as defined in Section 17 of these Terms of
Service.</p>
</li>
<li>
<p>If you use a Google Payment supported payment gateway and your
customers have enabled Google Payment, customers may purchase
goods and services from your Store using Google Payment.</p>
</li>
<li>
<p>By using Google Payment on your Store, you are agreeing to be
bound by the Google Payment API Terms of Service,
as they may be amended by Google from time to time.
If Google
amends the Google Payment API Terms of Service,
the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos.
Such amendments to the Google Payment API Terms of Service are
effective as of the date of posting.
Your continued use of Google
Payment on your Store after the amended Google Payment API Terms
of Service are posted constitutes your agreement to, and
acceptance of, the amended Google Payment API Terms of Service.
If
you do not agree to any changes to the Google Payment API Terms of
Service, de-activate your Google Payment account and do not
continue to use Google Payment on your Store.</p>
</li>
</ol>
<p>
<strong>2.6 Domain Names</strong>
</p>
<ol>
<li>Upon purchasing a domain name through Shopify, domain
registration will be preset to automatically renew each year so
long as your Shopify Account remains active.
You acknowledge that
it is your sole responsibility to deactivate the auto-renewal
function should you choose to do so.</li>
</ol> Which means <p>Only one person can be the “Store Owner”, usually the person
signing up for the Shopify Service.
The Store Owner is
responsible for the Account, is bound by these Terms of
Service and is responsible for the actions of others accessing
the Account.
If you sign up on behalf of your employer, your
employer is the Store Owner responsible for your Account.</p>
<p>We automatically create certain accounts for you to accept
payments.
You are responsible for activating and deactivating
these accounts and complying with their terms, which are with
various third parties.</p>
<p>Any domain you purchase through us will automatically
renew unless you opt out.</p> 3.
General Conditions <p>You must read, agree with and accept all of the terms and conditions
contained in these Terms of Service, including the AUP,
the Privacy Policy, and, if you operate a E.U.
based Store, the EU Terms, before you may become
a Shopify User.
Additionally, you acknowledge and agree to the
Rules of Engagement for the Sale of COVID-19 Related Products
if you sell such products.</p>
<ol>
<li>Technical support in respect of the Services is only provided to
Shopify Users.</li>
<li>The Terms of Service shall be governed by and interpreted in
accordance with the laws of the Province of Ontario and the laws
of Canada applicable therein, without regard to principles of
conflicts of laws.
The United Nations Convention on Contracts for
the International Sale of Goods will not apply to these Terms of
Service and is hereby expressly excluded.</li>
<li>You acknowledge and agree that Shopify may amend these Terms of
Service at any time by posting the relevant amended and restated
Terms of Service on Shopify’s website, available at https://www.shopify.com/legal/terms
and such amendments to the Terms of Service are effective as of
the date of posting.
Your continued use of the Services after the
amended Terms of Service are posted to Shopify’s website
constitutes your agreement to, and acceptance of, the amended
Terms of Service.
If you do not agree to any changes to the Terms
of Service, do not continue to use the Service.
If the EU Terms
apply to your Store, then amendments to these Terms of Service
will be provided in accordance with the EU Terms.</li>
<li>You may not use the Shopify Services for any illegal or
unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited
to copyright laws), the laws applicable to you in your customer’s
jurisdiction, or the laws of Canada and the Province of Ontario.
You will comply with all applicable laws, rules and regulations in
your use of the Service and your performance of obligations under the Terms of Service.</li>
<li>The Shopify API License and Terms of Use at https://www.shopify.com/legal/api-terms govern your access to
and use of the Shopify API (as defined therein).
You are solely
responsible for the activity that occurs using your API Credentials
(as defined in the API Terms) and for keeping your API Credentials secure.</li>
<li>You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Services, or access
to the Services without the express written permission by Shopify.</li>
<li>You shall not purchase search engine or other pay per click
keywords (such as Google Ads), or domain names that use
Shopify or Shopify trademarks and/or variations and misspellings
thereof.</li>
<li>Questions about the Terms of Service should be sent to
Shopify Support.</li>
<li>You understand that your Materials (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks.
and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
Credit card information is always encrypted during
transfer over networks.</li>
<li>The Services allow you to send certain communications to your
customers by short message service (SMS) messaging (for example,
sending order confirmation notifications via SMS) (the "SMS Services").
You will only use the SMS Services in compliance with these Terms of Service,
Nexmo Inc.'s Acceptable Use Policy,
and the laws of the jurisdiction from which you send messages,
and in which your messages are received.</li>
<li>You acknowledge and agree that your use of the Services, including
information transmitted to or stored by Shopify, is governed by
its privacy policy at https://www.shopify.com/legal/privacy</li>
<li>The Terms of Service may be available in languages other than
English.
To the extent of any inconsistencies or conflicts between
these English Terms of Service and Shopify’s Terms of Service
available in another language, the most current English version of
the Terms of Service at https://www.shopify.com/legal/terms will prevail.
Any disputes
arising out of these Terms of Service will be resolved in English
unless otherwise determined by Shopify (acting in its sole
discretion) or as required by applicable law.</li>
<li>All the terms and provisions of the Terms of Service shall be
binding upon and inure to the benefit of the parties to the Terms
of Service and to their respective heirs, successors, permitted
assigns and legal representatives.
Shopify shall be permitted to
assign these Terms of Service without notice to you or consent
from you.
You shall have no right to assign or otherwise transfer
the Terms of Service, or any of your rights or obligations
hereunder, to any third party without Shopify’s prior written
consent, to be given or withheld in Shopify’s sole discretion.</li>
<li>If any provision, or portion of the provision, in these Terms
of Service is, for any reason, held to be invalid, illegal or
unenforceable in any respect, then such invalidity, illegality
or unenforceability will not affect any other provision (or the
unaffected portion of the provision) of the Terms of Service, and
the Terms of Service will be construed as if such invalid, illegal
or unenforceable provision, or portion of the provision, had never
been contained within the Terms of Service.</li>
<li>Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will
survive the termination or expiration of these Terms of Service.</li>
</ol> Which means <p>The Shopify service belongs to us.
You are not allowed to rip
it off or use it for any illegal or sketchy purpose.
If you or
your employees or contractors use Shopify’s APIs, you will comply
with our API terms.</p>
<p>Your Materials may be transferred unencrypted and may be altered,
but credit card information is always encrypted.</p> 4.
Shopify Contracting Party <ol>
<li>
<p>If the billing address of your Store is located in the
United States or Canada, this Section 4(1) applies to you:</p>
<p>a.
“Shopify Contracting Party” means Shopify Inc., a Canadian corporation, with offices located at 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8.</p>
<p>b.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.</p>
</li>
<li>
<p>If the billing address of your Store is located in the
Asia Pacific region
(including Australia, New Zealand, China, Japan, Singapore),
this Section 4(2) applies to you:</p>
<p>a.
“Shopify Contracting Party” means Shopify Commerce Singapore Pte.
Ltd, a corporation formed under the laws of Singapore, with offices located at 77 Robinson Road, #13-00 Robinson 77, Singapore 068896.</p>
<p>b.
The parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Terms of Service and that accordingly any proceedings arising out of or in connection with the Terms of Service shall be brought in such courts.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.</p>
</li>
<li>
<p>If the billing address of your Store is located in EMEA
region or
other jurisdictions not listed in Section 4(1) or 4(2),
including Europe and Russia, the Middle East, Africa, South
America, Caribbean, or Mexico this Section 4(3) applies to you:</p>
<p>a.
“Shopify Contracting Party” means Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with its registered offices located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH and its website is at https://www.shopify.com/.</p>
<p>b.
You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Shopify in any other jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.</p>
</li>
</ol> Which means <p>If a dispute arises you may bring an action, depending on your
location, in either the Province of Ontario (Canada), Ireland or
Singapore depending upon your location.</p> 5.
Shopify Rights <ol>
<li>We reserve the right to modify or terminate the Services for
any reason, without notice at any time.
Not all Services and
features are available in every jurisdiction and we are under no
obligation to make any Services or features available in
any jurisdiction.</li>
<li>We reserve the right to refuse service to anyone for any reason
at any time.</li>
<li>We may, but have no obligation to, remove Materials and
suspend or terminate Accounts if we determine in our sole
discretion that the goods or services offered via a Store, or the
Materials uploaded or posted to a Store, violate our
Acceptable Use Policy (“AUP”)
or these Terms of Service.</li>
<li>Verbal or written abuse of any kind (including threats of abuse
or retribution) of any Shopify customer, Shopify employee, member,
or officer will result in immediate Account termination.</li>
<li>Shopify does not pre-screen Materials and it is in our sole
discretion to refuse or remove any Materials from the Service,
including your Store.</li>
<li>We reserve the right to provide our services to your competitors
and make no promise of exclusivity in any particular market
segment.
You further acknowledge and agree that Shopify employees
and contractors may also be Shopify customers/merchants and that
they may compete with you, although they may not use your Confidential
Information (as defined in Section 6) in doing so.</li>
<li>In the event of a dispute regarding Account ownership, we reserve
the right to request documentation to determine or confirm Account
ownership.
Documentation may include, but is not limited to, a
scanned copy of your business license, government issued photo ID,
the last four digits of the credit card on file, your status as an
employee of an entity, etc.</li>
<li>Shopify retains the right to determine, in our sole judgment,
rightful Account ownership and transfer an Account to the
rightful Store Owner.
If we are unable to reasonably determine
the rightful Store Owner, without prejudice to our other rights
and remedies, Shopify reserves the right to temporarily disable
an Account until resolution has been determined between the
disputing parties.</li>
</ol> Which means <p>We can modify, cancel or refuse the service at anytime.</p>
<p>In the event of an ownership dispute over a Shopify account, we can
freeze the account or transfer it to the rightful owner, as determined by us.</p> 6.
Confidentiality <ol>
<li>
<p>“Confidential Information” shall include, but shall not be
limited to, any and all information associated with a party’s
business and not publicly known, including specific business
information, technical processes and formulas, software, customer
lists, prospective customer lists, names, addresses and other
information regarding customers and prospective customers,
product designs, sales, costs (including any relevant processing
fees), price lists, and other unpublished financial information,
business plans and marketing data, and any other confidential
and proprietary information, whether or not marked as confidential
or proprietary.
Shopify’s Confidential Information includes all
information that you receive relating to us, or to the Services,
that is not known to the general public including information
related to our security program and practices.</p>
</li>
<li>
<p>Each party agrees to use the other party’s Confidential
Information solely as necessary for performing its obligations
under these Terms of Service and in accordance with any other
obligations in these Terms of Service including this Section 6.
Each party agrees that it shall take all reasonable steps, at least
substantially equivalent to the steps it takes to protect its own
proprietary information, to prevent the duplication, disclosure or
use of any such Confidential Information, other than (i) by or to
its employees, agents and subcontractors who must have access to
such Confidential Information to perform such party’s obligations
hereunder, who each shall treat such Confidential Information as
provided herein, and who are each subject to obligations of
confidentiality to such party that are at least as stringent as
those contained herein.
or (ii) as required by any law, regulation,
or order of any court of proper jurisdiction over the parties and
the subject matter contained in these Terms of Service, provided
that, if legally permitted, the receiving party shall give the
disclosing party prompt written notice and use commercially
reasonable efforts to ensure that such disclosure is accorded
confidential treatment.
Confidential Information shall not include
any information that the receiving party can prove: (A) was already
in the public domain, or was already known by or in the possession
of the receiving party, at the time of disclosure of such
information.
(B) is independently developed by the receiving
party without use of or reference to the other party’s Confidential
Information, and without breaching any provisions of these Terms of
Service.
or (C) is thereafter rightly obtained by the receiving party
from a source other than the disclosing party without breaching
any provision of these Terms of Service.</p>
</li>
</ol> Which means <p>Both you and Shopify agree to use the Confidential
Information of the other only to perform the obligations in
these Terms of Service.
Confidential Information must be
protected and respected.</p> 7.
Limitation of Liability <ol>
<li>You expressly understand and agree that, to the extent permitted
by applicable laws, Shopify shall not be
liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other
intangible losses resulting from the use of or inability to use
the Service.</li>
<li>To the extent permitted by applicable laws, in no event shall
Shopify or our suppliers be liable for lost
profits or any special, incidental or consequential damages
arising out of or in connection with our site, our Services or
these Terms of Service (however arising including negligence).
You
agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, Shopify partners, officers, directors,
agents, employees, and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third party due
to or arising out of your breach of these Terms of Service or the
documents it incorporates by reference (including the AUP), or your
violation of any law or the rights of a third party.</li>
<li>Your use of the Services is at your sole risk.
The Services are
provided on an “as is” and “as available” basis without any
warranty or condition, express, implied or statutory.</li>
<li>Shopify does not warrant that the Services will be uninterrupted,
timely, secure, or error-free.</li>
<li>Shopify does not warrant that the results that may be obtained
from the use of the Services will be accurate or reliable.</li>
<li>Shopify is not responsible for any of your tax obligations or liabilities related to the use of Shopify’s Services.</li>
<li>Shopify does not warrant that the quality of any products,
services, information, or other materials purchased or obtained by
you through the Services will meet your expectations, or that any
errors in the Services will be corrected.</li>
</ol> Which means <p>We are not responsible if you break the law, breach this agreement
or go against the rights of a third party, especially if
you get sued.</p>
<p>Service is “as is” so it may have errors or interruptions
and we provide no warranties and our liability is limited.</p> 8.
Waiver, Severability, and Complete Agreement <p>The failure of Shopify to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right
or provision.
If any provision of the Terms of Service, including
all terms and conditions and other documents it incorporates by
reference, is held by a court of competent jurisdiction to be
contrary to law, such provision shall be changed and interpreted so
as to best accomplish the objectives of the original provision to
the fullest extent allowed by law, and the remaining provision of
the Terms of Service shall remain in full force and effect.</p>
<p>The Terms of Service, including the documents it incorporates
by reference, constitute the entire agreement between you and Shopify
and govern your use of the Services and your Account, superseding any
prior agreements between you and Shopify (including, but not
limited to, any prior versions of the Terms of Service).</p> Which means <p>If Shopify chooses not to enforce any of these provisions at
any time, it does not mean that we give up that right later.</p>
<p>These Terms of Service make up the agreement that applies to you.
This means that any previous agreements between you and Shopify
don’t apply if they conflict with these terms.</p> 9.
Intellectual Property and Customer Content <ol>
<li>We do not claim any intellectual property rights over the
Materials you provide to the Shopify Service.
All Materials you
upload to your Shopify Store remains yours.
You can remove your Shopify Store at any
time by deleting your Account.</li>
<li>By uploading Materials, you agree: (a) to allow other
internet users to view the Materials you post publicly to your Store.
(b) to allow Shopify to store, and in the case of Materials you post
publicly, display and use your Materials.
and (c) that Shopify
can, at any time, review and delete all the Materials submitted to its Service,
although Shopify is not obligated to do so.</li>
<li>You retain ownership over all Materials that you upload to the Store.
however, by making your Store public, you agree to
allow others to view Materials that you post publicly to your Store.
You are responsible for compliance of the Materials with any applicable
laws or regulations.</li>
<li>Shopify shall have the non-exclusive right and license to use the
names, trademarks, service marks and logos associated with your
Store to promote the Service.</li>
</ol> Which means <p>Anything you upload remains yours and is your responsibility.</p> 10.
POS Services <p>In addition to the terms applicable to Services generally, the
following terms apply to your access and use of the POS Services.
The POS Services include the Shopify POS software (“POS Software”),
the Shopify POS website, located at /pos,
programs, documentation, apps, tools, internet-based services and
components, Shopify’s POS hardware (“POS Equipment”) and any updates
thereto provided to you by Shopify.</p>
<ol>
<li>Access to and use of the POS Services requires that you have an
active and valid Account.</li>
<li>If your POS Services are enabled with Shopify Payments, you
cannot concurrently use any other payment processing service.
The
payment gateway used for your POS Services must be the same as that
used for your Online Services, if applicable.</li>
<li>You can terminate your POS Services without terminating your
Account or any other Services you subscribe to, and in such case,
you will continue to be billed, and will pay for, the Services
(other than the terminated POS Services).</li>
<li>You agree to use the POS Services in accordance with all
procedures that may be provided by Shopify from time to time.</li>
<li>While the POS Services use encryption technology, and the law
generally prohibits third parties from monitoring transmission, we
cannot guarantee security with respect to the connection to the
POS Services, and we will not be liable for any unauthorized
access to or use of data transmitted via the POS Services.</li>
<li>POS Equipment is purchased, and not leased.
Purchase of the POS
Equipment is subject to the POS Equipment Agreement, located at
https://www.shopify.com/legal/notice.
Upon payment by you for
the POS Equipment, and confirmation to you of shipment of the POS
equipment, you will acquire ownership of and title to the hardware
components of the POS Equipment, and you will be
licensed to access and use all POS Software installed in the
POS Equipment (and any updates thereto), on a limited,
non-exclusive, revocable, non-sublicensable,
non-transferable basis, solely for the purposes of using the POS
Services.
POS Equipment is subject to our Return Policy, which can
be found at https://hardware.shopify.com/pages/return-policy.
Returns and refunds are not available for the Chip &.
Swipe Reader,
Swipe (Audio Jack) and physical gift cards purchased from the
Shopify Hardware Store.</li>
<li>The Fees for POS Services shall be determined based on the number
of locations at which you are using the POS Services.
Locations are defined by
business address and are used for associating orders with a
specific business address.
Locations are added through the Shopify
web administrative console associated with your Account.
The number of locations using POS
Services will also be detected by us and billed accordingly as
part of your regular billing cycle.
In the event of any
discrepancy between the number of locations added by you through
the Shopify web administrative console and the number of locations
detected by Shopify, the number of locations detected by Shopify
shall be deemed to be correct.</li>
</ol> Which means <p>If you use our POS Services, you must use the same payment processor that you use for the Online Services.
You can cancel your POS Services at any time and still keep your Online Services active.
We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure.
All transactions transmitted using the POS Equipment are at your own risk.
Remember that the POS equipment is purchased, not leased.
Our POS Equipment return policy applies to all POS equipment, except Chip &.
Swipe Reader, Swipe (Audio Jack) and physical gift cards.</p> 11.
Shopify Shipping <p>You can purchase shipping labels from within your Shopify administrative
console (“Shopify Shipping”) for delivery of goods purchased from you from
your Shopify Store.
In addition to these Terms of Service, your
access to and use of Shopify Shipping is subject to the Shopify
Shipping Terms of Service, located at (a) https://www.shopify.com/legal/terms-shipping-us
if you are located in the United States.
(b) https://www.shopify.com/legal/terms-shipping-ca,
if you are located in Canada.
and (c) https://www.shopify.com/legal/terms-shipping-global,
if you are located outside of Canada and the United States.</p> Which means <p>If you use Shopify Shipping you must comply with the Shopify Shipping Terms of Service.</p> 12.
Theme Store <ol>
<li>You may establish the appearance of your Shopify Store with a
design template from Shopify’s Theme Store (“a Theme”).
If you
download a Theme, you are licensed to use it for a single Store
only.
You are free to transfer a Theme to a second one of your own
Stores if you close your first Store.
To initiate a transfer of a
Theme to a second one of your Stores, please contact
Shopify Support.
You are not permitted to
transfer or sell a Theme to any other person’s Store on Shopify or
elsewhere.
Multiple Stores require multiple downloads and each
download is subject to the applicable fee.
Shopify gives no
assurance that a particular Theme will remain available for
additional downloads.</li>
<li>You may modify the Theme to suit your Store.
Shopify may add or
modify the footer in a Theme that refers to Shopify at its discretion.
Shopify may modify the Theme where it contains, in our sole
discretion, an element that violates the Shopify AUP or other provisions of the Terms
of Service, even if you received the Theme in that condition.
Shopify
may modify the Theme to reflect technical changes and updates as
required.</li>
<li>The intellectual property rights of the Theme remain the property
of the designer.
If you exceed the rights granted by your purchase
of a Theme, the designer may take legal action against you, and,
without prejudice to our other rights or remedies,
Shopify may take administrative action such as modifying your
Store or closing your Store.</li>
<li>Technical support for a Theme is the responsibility of the
designer, and Shopify accepts no responsibility to provide such
support.
Shopify may be able to help you contact the designer.</li>
<li>It is the responsibility of the user, and not Shopify, to ensure
that the installation of a new theme does not overwrite or damage
the current or preexisting theme, or UI, of the user.</li>
</ol> Which means <p>You can purchase our Themes to use for one Store at a time.
Feel
free to modify our Theme, but respect that the designers own their
Themes, so don’t infringe on their rights.
For Theme-related
problems, contact the designer.
Note that Themes may disappear over
time and are subject to change.</p> 13.
Shopify Email <p>You may generate or send email from your Account using the Shopify
email services (the “Email Services”).
In addition to the terms
applicable to the Services generally (including Shopify’s
Acceptable Use Policy, and
Privacy Policy), the following terms apply to
your access and use of the Email Services:</p>
<ol>
<li>
<p>Shopify employs certain controls to scan the content of emails
you deliver using the Email Services prior to delivery (“Content
Scanning”).
Such Content Scanning is intended to limit spam,
phishing, or other malicious content that contravenes these Terms
of Service, or Shopify’s Acceptable Use Policy (collectively,
“Threats”).
By using the Email Services, you explicitly grant
Shopify the right to employ such Content Scanning.
Shopify does
not warrant that the Email Services will be free from Threats, and
each Shopify merchant is responsible for all content generated by
their respective Stores.</p>
</li>
<li>
<p>BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU
AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL
SERVICES REQUIREMENTS”).
SHOPIFY, OR ITS THIRD PARTY PROVIDERS,
MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL
SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.</p>
<ol>
<li>Your use of the Email Services must comply with all
applicable laws.
Examples of applicable laws include laws
relating to spam or unsolicited commercial email (“UCE”),
privacy, security, obscenity, defamation, intellectual
property, pornography, terrorism, homeland security, gambling,
child protection, and other applicable laws.
It is your
responsibility to know and understand the laws applicable to
your use of the Email Services and the emails you generate or
send through the Email Services.</li>
<li>Your use of the Email Services must comply with Shopify’s
Privacy Policy.
It is your responsibility
to read and understand the Privacy Policy applicable to your
use of the Email Services and the emails you generate or send
through the Email Services.</li>
<li>You will use commercially reasonable efforts not to send
sensitive personal data, including information regarding an
individual’s medical or health condition, race or ethnic
origin, political opinions, religious or philosophical
beliefs, or other sensitive data (collectively, “Sensitive
Data”) through the Email Services.
It is your responsibility
to read and understand your obligations in relation to
Sensitive Data.</li>
<li>Your use of the Email Services must follow all applicable
guidelines established by Shopify.
The guidelines below are
examples of practices that may violate the Email Services
Requirements when generating, or sending emails through the
Email Services: <ul>
<li>using non-permission based email lists (i.e., lists in
which each recipient has not explicitly granted permission
to receive emails from you by affirmatively opting-in to
receive those emails);</li>
<li>using purchased or rented email lists;</li>
<li>using third party email addresses, domain names, or mail
servers without proper permission;</li>
<li>sending emails to non-specific addresses (e.g.,
webmaster@domain.com or info@domain.com); </li>
<li>sending emails that result in an unacceptable number of spam
or UCE complaints (even if the emails themselves are not
actually spam or UCE); </li>
<li>failing to include a working “unsubscribe” link in each
email that allows the recipient to remove themselves from
your mailing list;</li>
<li>failing to comply with any request from a recipient to be
removed from your mailing list within 10 days of receipt of
the request; </li>
<li>failing to include in each email a link to the then-current
privacy policy applicable to that email; </li>
<li>disguising the origin or subject matter of any email or
falsifying or manipulating the originating email address,
subject line, headers, or transmission path information for
any email; </li>
<li>failing to include in each email your valid physical mailing
address or a link to that information.
or</li>
<li>including “junk mail,” “chain letters,” “pyramid schemes,”
incentives (e.g., coupons, discounts, awards, or other
incentives) or other material in any email that encourages a
recipient to forward the Email to another recipient.</li>
</ul>
</li>
</ol>
</li>
<li>
<p>If You or a customer knows of or suspects any violations of the
Email Services Requirements, please notify Shopify at
abuse@shopify.com.
Shopify will determine compliance with the
Email Services Requirements in its discretion.</p>
</li>
<li>
<p>Shopify’s Email Services utilize Third Party Providers, including
SendGrid (a Twilio Company).
Your use of the Email Services is
subject to SendGrid’s Acceptable Use Policy
as it may be amended by SendGrid from time to time.</p>
</li>
</ol> Which means <p>By using the Email Services, you agree that Shopify may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.</p> 14.
Payment of Fees <ol>
<li>You will pay the Fees applicable to your subscription to Online
Service and/or POS Services (“Subscription Fees”) and any other
applicable fees, including but not limited to applicable fees relating
to the value of sales made through your Store when using all payment
providers other than Shopify Payments (“Transaction Fees”), and any
fees relating to your purchase or use of any products or services such
as Shopify Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace,
or Third Party Services (“Additional Fees”).
Together, the Subscription Fees,
Transaction Fees and the Additional Fees are referred to as the “Fees”.</li>
<li>You must keep a valid payment method on file with us to pay for all
incurred and recurring Fees.
Shopify will charge applicable Fees to
any valid payment method that you authorize (“Authorized Payment Method”),
and Shopify will continue to charge the Authorized Payment Method
for applicable Fees until the Services are
terminated, and any and all outstanding Fees have been paid in
full.
Unless otherwise indicated, all Fees and other charges are
in U.S.
dollars, and all payments shall be in U.S.
currency.</li>
<li>Subscription Fees are paid in advance and will be billed in 30
day intervals (each such date, a “Billing Date”).
Transaction Fees
and Additional Fees will be charged from time to time at Shopify’s
discretion.
You will be charged on each Billing Date for all
outstanding Fees that have not previously been charged.
Fees will
appear on an invoice, which will be sent to the Store Owner via
the email provided.
As well, an invoice will appear on the Account
page of your Store’s administration console.
Users have
approximately two weeks to bring up and settle any issues with the
billing of Subscription Fees.</li>
<li>If we are not able to process payment of Fees using an Authorized
Payment Method, we will make a second attempt to process payment using
any Authorized Payment Method 3 days later.
If the second attempt is not successful,
we will make a final attempt 3 days following the second attempt.
If our final attempt is not successful, we may suspend and revoke
access to your Account and the Services.
Your Account will be reactivated upon your
payment of any outstanding Fees, plus the Fees applicable to your
next billing cycle.
You may not be able to access your Account or your storefront
during any period of suspension.
If the outstanding Fees remain
unpaid for 60 days following the date of suspension, Shopify
reserves the right to terminate your Account.</li>
<li>All Fees are exclusive of applicable federal, provincial, state,
local or other governmental sales, goods and services (including
Goods and Sales Tax under the Goods and Services Tax Act,
Chapter 117A of Singapore), harmonized or other taxes, fees or
charges now in force or enacted in the future (“Taxes”).</li>
<li>You are responsible for all applicable Taxes that arise from or
as a result of your subscription to or purchase of Shopify’s
products and services.
To the extent that Shopify charges
these Taxes, they are calculated using the tax rates that apply
based on the billing address you provide to us.
Such amounts are
in addition to the Fees for such products and services and will
be billed to your Authorized Payment Method.
If you are exempt
from payment of such Taxes, you must provide us with evidence of
your exemption, which in some jurisdictions includes an original
certificate that satisfies applicable legal requirements attesting
to tax-exempt status.
Tax exemption will only apply from and after
the date we receive evidence satisfactory to Shopify of your
exemption.
If you are not charged Taxes by Shopify, you are
responsible for determining if Taxes are payable, and if so,
self-remitting Taxes to the appropriate tax authorities in
your jurisdiction.</li>
<li>For the avoidance of doubt, all sums payable by you to
Shopify under these Terms of Service shall be paid free and
clear of any deductions or withholdings whatsoever.
Other
than Taxes charged by Shopify to you and remitted to the
appropriate tax authorities on your behalf, any deductions
or withholdings that are required by law shall be borne by
you and paid separately to the relevant taxation authority.
Shopify shall be entitled to charge the full amount of Fees
stipulated under these Terms of Service to your Authorized
Payment Method ignoring any such deduction or withholding
that may be required.</li>
<li>You are responsible for all applicable Taxes that arise from or as a result of any sale on your Shopify Store.</li>
<li>You must maintain an accurate location in the administration
menu of your Shopify Store.
If you change jurisdictions you must
promptly update your location in the administration menu.</li>
<li>Shopify does not provide refunds.</li>
</ol> Which means <p>A valid payment method (like a credit card) is required for all
stores.
You will be billed for your Subscription Fees every 30
days.
Any Transaction Fees or Additional Fees will be charged to
your payment method.
If we are not able to process payment of Fees
using your payment method, we will try again in 3 days.
If we are
unable to process payment of Fees on the second attempt, we will
make a third and final attempt three days later.
If payment of Fees
is unsuccessful after three attempts, Shopify may freeze your
store.
You may be required to remit Taxes to Shopify or to
self-remit to your local taxing authority.
No refunds.</p> 15.
Cancellation and Termination <ol>
<li>You may cancel your Account and terminate the Terms of Service at
any time by contacting Shopify Support and then
following the specific instructions indicated to you in Shopify’s
response.</li>
<li>Upon termination of the Services by either party for any reason: <ol>
<li>Shopify will cease providing you with the Services and you
will no longer be able to access your Account;</li>
<li>unless otherwise provided in the Terms of Service, you will
not be entitled to any refunds of any Fees, pro rata or
otherwise;</li>
<li>any outstanding balance owed to Shopify for your use of the
Services through the effective date of such termination will
immediately become due and payable in full.
and</li>
<li>your Store website will be taken offline.</li>
</ol>
</li>
<li>If you purchased a domain name through Shopify, upon cancellation
your domain will no longer be automatically renewed.
Following
termination, it will be your sole responsibility to handle all
matters related to your domain with the domain provider.</li>
<li>If at the date of termination of the Service, there are any
outstanding Fees owing by you, you will receive one final invoice
via email.
Once that invoice has been paid in full, you will not
be charged again.</li>
<li>We reserve the right to modify or terminate the Shopify Service,
the Terms of Service and/or your Account for any reason,
without notice at any time (unless otherwise required by
applicable law).
Termination of the Terms of Service shall be
without prejudice to any rights or obligations which arose prior
to the date of termination.</li>
<li>Fraud: Without limiting any other remedies, Shopify may suspend
or terminate your Account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with the use of the Services.</li>
</ol> Which means <p>To initiate a termination contact Support.
Shopify
will respond with specific information regarding the termination
process for your account.
Once termination is confirmed, domains
purchased through Shopify will no longer be automatically renewed.
If you cancel in the middle of your billing cycle, you’ll have one
last email invoice.</p>
<p>We may change or terminate your account at any time.
Any fraud and
we will suspend or terminate your account.</p> 16.
Modifications to the Service and Prices <ol>
<li>Prices for using the Services are subject to change upon 30 days’
notice from Shopify.
Such notice may be provided at any time by
posting the changes to the Shopify Site (shopify.com) or the
administration menu of your Shopify Store via an announcement.</li>
<li>Shopify reserves the right at any time, and from time to time, to
modify or discontinue, the Services (or any part thereof) with or
without notice (unless otherwise required by applicable law).</li>
<li>Shopify shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
Service.</li>
</ol> Which means <p>We may change or discontinue the service at anytime, without
liability.</p> 17.
Third Party Services, Experts, and Experts Marketplace <ol>
<li>Shopify may from time to time recommend, provide you with access
to, or enable third party software, applications (“Apps”),
products, services or website links (collectively, “Third Party
Services”) for your consideration or use, including via the
Shopify App Store, or Experts Marketplace.
Such Third Party Services are made available
only as a convenience, and your purchase, access or use of any
such Third Party Services is solely between you and the applicable
third party services provider (“Third Party Provider”).
In addition to these Terms of Service, you also agree to be bound
by the additional service-specific terms applicable to services
you purchase from, or that are provided by, Third Party Providers.</li>
<li>Shopify Experts is an online directory of independent third
parties (“Experts”) that can help you build and operate your
Shopify Store.</li>
<li>You can engage and work with an Expert directly or through
Experts Marketplace.
Experts Marketplace provides you with
recommendations on Experts that can assist you with different
aspects of your Store.
Using Experts Marketplace, you can find,
hire, and communicate with Experts directly from your Account
admin.</li>
<li>Any use by you of Third Party Services offered through the
Services, Shopify Experts, Experts Marketplace or Shopify’s
website is entirely at your own risk and discretion, and
it is your responsibility to read the terms and conditions and/or
privacy policies applicable to such Third Party Services before
using them.
In some instances, Shopify may receive a revenue
share from Third Party Providers that Shopify recommends to you
or that you otherwise engage through your use of the Services,
Shopify Experts, Experts Marketplace or Shopify’s website.</li>
<li>We do not provide any warranties or make representations to you
with respect to Third Party Services.
You acknowledge that Shopify has no control over Third
Party Services and shall not be responsible or liable to you or anyone else
for such Third Party Services.
The availability of Third Party
Services on Shopify’s websites, including the Shopify App Store
or Experts Marketplace, or the integration or enabling of such
Third Party Services with the Services does not constitute or
imply an endorsement, authorization, sponsorship, or affiliation by or with Shopify.
Shopify does not guarantee the availability of Third Party
Services and you acknowledge that Shopify may disable access to
any Third Party Services at any time in its sole discretion and without notice to you.
Shopify is not responsible or liable to
anyone for discontinuation or suspension of access to, or
disablement of, any Third Party Service.
Shopify strongly
recommends that you seek specialist advice before using or
relying on Third Party Services, to ensure they will meet your
needs.
In particular, tax calculators should be used for
reference only and not as a substitute for independent tax advice,
when assessing the correct tax rates you
should charge to your customers.</li>
<li>If you install or enable a Third Party Service for use with the
Services, you grant us permission to allow the applicable Third
Party Provider to access your data and other Materials and to take any other actions
as required for the interoperation of the Third Party Service with
the Services, and any exchange of data or other Materials or other interaction
between you and the Third Party Provider is solely between you and
such Third Party Provider.
Shopify is not responsible for any
disclosure, modification or deletion of your data or other Materials,
or for any corresponding losses or damages you may suffer, as a
result of access by a Third Party Service or a Third Party
Provider to your data or other Materials.
Google Maps is a Third Party Service that is used within the
Services.
Your use of the Services is subject to your acceptance of
the Google Maps and Earth Enterprise Universal Acceptable Use Policy,
Google Maps and Google Earth Additional Terms of Service and
Google Privacy Policy
as it may be amended by Google from time to time.</li>
<li>You acknowledge and agree that: (i) by submitting a request for
assistance or other information through Experts Marketplace, you
consent to being contacted by one or more Experts at the Store
Owner’s registered email address (or such
other email address provided by you) as well as the applicable
user email address.
and (ii) Shopify will receive all email
communications exchanged via Experts Marketplace or in any reply
emails (each a “Reply”) that originate from Experts Marketplace
(directly or indirectly) between yourself and Experts.
You
further agree that Shopify may share your contact details and the
background information that you submit via the Experts
Marketplace with Experts.
Experts may require access to certain
admin pages on your Shopify Store.
You choose the pages that the
Experts can access.</li>
<li>The relationship between you and any Third Party Provider is
strictly between you and such Third Party Provider, and Shopify
is not obligated to intervene in any dispute arising between you
and a Third Party Provider.</li>
<li>Under no circumstances shall Shopify be liable for any direct,
indirect, incidental, special, consequential, punitive,
extraordinary, exemplary or other damages whatsoever, that result
from any Third Party Services or your contractual relationship
with any Third Party Provider, including any Expert.
These
limitations shall apply even if Shopify has been advised of the
possibility of such damages.
The foregoing limitations shall apply
to the fullest extent permitted by applicable law.</li>
<li>You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, Shopify partners, officers,
directors, agents, employees, and suppliers harmless from any
claim or demand, including reasonable attorneys’ fees, arising
out of your use of a Third Party Service or your relationship
with a Third Party Provider.</li>
</ol> Which means <p>We are not responsible for third party services so use them at your
own risk.
If you use Third Party Services on the Shopify
platform, you permit us to send your data to those services.
If you
use Third Party Services you agree that we do not provide a warranty, so get advice
beforehand.</p> 18.
Beta Services <p>From time to time, Shopify may, in its sole discretion, invite you
to use, on a trial basis, pre-release or beta features that are in
development and not yet available to all merchants (“Beta Services”).
Beta Services may be subject to additional terms and conditions,
which Shopify will provide to you prior to your use of the Beta
Services.
Such Beta Services and all associated conversations and
materials relating thereto will be considered Shopify Confidential
Information and subject to the confidentiality provisions in this
agreement.
Without limiting the generality of the foregoing, you
agree that you will not make any public statements or otherwise
disclose your participation in the Beta Services without Shopify’s
prior written consent.
Shopify makes no representations or
warranties that the Beta Services will function.
Shopify may
discontinue the Beta Services at any time in its sole discretion.
Shopify will have no liability for any harm or damage arising out of
or in connection with a Beta Service.
The Beta Services may not work
in the same way as a final version.
Shopify may change or not
release a final or commercial version of a Beta Service in our sole
discretion.</p> 19.
Feedback and Reviews <p>Shopify welcomes any ideas and/or suggestions regarding
improvements or additions to the Services.
Under no circumstances
shall any disclosure of any idea, suggestion or related material or
any review of the Services, Third Party Services or any Third Party
Provider (collectively, “Feedback") to Shopify be subject to any
obligation of confidentiality or expectation of compensation.
By
submitting Feedback to Shopify (whether submitted directly to
Shopify or posted on any Shopify hosted forum or page), you waive
any and all rights in the Feedback and that Shopify is free to
implement and use the Feedback if desired, as provided by you or as
modified by Shopify, without obtaining permission or license from
you or from any third party.
Any reviews of a Third Party Service
or Third Party Provider that you submit to Shopify must be accurate
to the best of your knowledge, and must not be illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third
parties or objectionable.
Shopify reserves the right (but not the
obligation) to remove or edit Feedback of Third Party Services or
Third Party Providers, but does not regularly inspect posted
Feedback.</p> 20.
DMCA Notice and Takedown Procedure <p>Shopify supports the protection of intellectual property and asks
Shopify merchants to do the same.
It’s our policy to respond to all
notices of alleged copyright infringement.
If someone believes that
one of our merchants is infringing their intellectual property
rights, they can send a DMCA Notice to Shopify’s designated agent
using our form.
Upon receiving a DMCA Notice, we may remove or
disable access to the Materials claimed to be a copyright
infringement.
Once provided with a notice of takedown, the merchant
can reply with a counter notification using our form if they object
to the complaint.
The original complainant has 14 business days
after we receive a counter notification to seek a court order
restraining the merchant from engaging in the infringing activity,
otherwise we restore the material.
For more information, see our
DMCA Notice and Takedown Procedure.</p> Which means <p>Shopify respects intellectual property rights and you should too.
If
we receive a DMCA Notice, we may disable access or remove the
allegedly infringing content from your website.
If you don’t think
the claim is valid, you can proceed with a counter notification.</p>
<p>If you believe one of our merchants is infringing your intellectual
property rights, you can send Shopify a DMCA Notice.
We will
expeditiously disable access or remove the content and notify the
merchant.</p> 21.
Rights of Third Parties <p>Save for Shopify and its affiliates, Shopify Users or anyone
accessing Shopify Services pursuant to these Terms of Service,
unless otherwise provided in these Terms of Service, no person or
entity who is not a party to these Terms of Service shall have any
right to enforce any term of these Terms of Service, regardless of
whether such person or entity has been identified by name, as a
member of a class or as answering a particular description.
For
the avoidance of doubt, this shall not affect the rights of any
permitted assignee or transferee of these Terms.</p> Which means <p>Only Shopify, Shopify Users and persons accessing Shopify Services
have any rights under these Terms of Service.</p> 22.
Privacy &.
Data Protection <p>Shopify is firmly committed to protecting the privacy of your
personal information and the personal information of your customers.
By using the Service, you acknowledge and agree that Shopify’s
collection, usage and disclosure of this personal information is
governed by our Privacy Policy.</p>
<p>Additionally, if: (a) you are established in the European Economic
Area (EEA).
(b) you provide goods or services to customers in the
EEA.
or (c) you are otherwise subject to the requirements of the EU
General Data Protection Regulation, Shopify’s collection and use of
personal information of any European residents is also subject to
our Data Processing Addendum.</p> Which means <p>Shopify’s use and collection of personal information is governed by
our Privacy Policy.
Additionally, if you or your customers are
located in Europe, Shopify’s use and collection of European personal
information is further governed by our Data Processing Addendum.</p>
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