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Terms and Conditions
Shopify Terms and Conditions
By using the myshopify.com web sites (“Service”), all services of Jaded Pixel Technologies Inc. (“Jaded Pixel”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Jaded Pixel reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://shopify.com/signup/terms.html
Account Terms
You must be 18 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You are responsible for maintaining the security of your account and password. Jaded Pixel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Shopify.com service.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not create or submit unwanted email to any Shopify members (“Spam”).
Violation of any of these agreements will result in the termination of your Account. While Jaded Pixel prohibits such conduct and Content on the Service, you understand and agree that Jaded Pixel cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed on the last day of every month and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Jaded Pixel, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Jaded Pixel service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Jaded Pixel reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Jaded Pixel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices for using Shopify are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Shopify Site (shopify.com) or the Service itself.
Jaded Pixel shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
Jaded Pixel does not pre-screen Content, but Jaded Pixel and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Shopify.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email (we try to respond within 1-4 hours).
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Jaded Pixel, or any other Jaded Pixel service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Jaded Pixel.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Shopify customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, 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.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
We reserve the right to modify or terminate the Shopify.com service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
We claim no intellectual property rights over the material you provide to the Shopify service. Your profile and materials uploaded remain yours. You can remove your Shopify store at any time by deleting your account. This will also remove any private images you have stored in the system. However, by uploading images and item description content to Shopify.com, you agree to allow other Shopify users to view them and you agree to allow Shopify to display and store them.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Jaded Pixel) of other Shopify customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Jaded Pixel does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Jaded Pixel 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 (even if Jaded Pixel has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
The failure of Jaded Pixel to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Jaded Pixel and govern your use of the Service, superseding any prior agreements between you and Jaded Pixel (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at Shopify dot com.
Billing
In order for Shopify to bill you for the services that you have used, Shopify will keep your credit card information on file and automatically charge your credit card for the amount due on the 15th day of each month. To insure that the amount charged is accurate, Shopify will post an invoice in your Shopify Administration menu and send you and email to you on the last day of each month listing all of your transactions and the corresponding charges. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible, so that we can either resolve the issue or eliminate the charge prior to charging your credit card. If you are unable to respond in time to avoid a questionable charge, please do not challenge the amount with the credit card company, but instead notify Jaded Pixel and we will make the appropriate adjustment in the next month’s invoice.
Fraud: Without limiting any other remedies, Jaded Pixel 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 Site.
Your Information
Definition:”Your Information” is defined as any information you provide to us or other users in the registration, listing process, in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have for sale but are priced lower; (cc) are concurrently listed for sale on a web site other than Shopify (this does not prevent linking to or advertising an Shopify item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Terms and Conditions.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or© we believe that your actions may cause financial loss or legal liability for you, our users or us.
NO WARRANTY
NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES 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 THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on March 13, 2006 for all users.
Shopify is hosted by Layered Technologies (1647 Witt Rd. Ste. # 201 / Frisco, Texas 75034)
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