Last updated and effective as of February 18, 2019.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms are a legal agreement between KATRINA BURGOYNE, and Shopify, Inc. and you. These terms contain important information regarding your legal rights, remedies and obligations. Except as set forth in the Arbitration and Class Action Waiver section below, by accessing any portion of the Sites or using the Services, you, your heirs, assigns, and successors (collectively “you”) acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use any portion of the Services, and you must discontinue all use of the Services immediately.
To use the Services, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. If we have previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
You acknowledge and agree that you are solely responsible for Your Content. We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Services at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Services, by their users, and we are not responsible for any such materials. We may, at our sole discretion, proofread, summarize, or otherwise edit and/or withdraw Your Content, and you understand it remains your sole responsibility to monitor Your Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Services or restrict your access to part or all of the features or Services, if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Services, you will not:
- use another person’s account, impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;
- copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with our prior written consent;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services, through any means, including through means not intentionally made publicly-available or provided through the Services;
- scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by us, or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
- use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment
- use the Services for benchmarking, or to compile information for a product or service;
- frame, inline link, or similarly display the Services or any portion of the Services;
- use the Services in violation of our or of any of the TN Parties’ or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;
- use the Services in violation of any law;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Services;
- post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
- post, transmit, publish or otherwise disseminate through the Services any of Your Content that, as we determine, in our sole discretion: (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of any of the TN Parties or Related Parties in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or
- attempt to indirectly undertake any of the foregoing.