updated on: January 5, 2020
signing up for a ShopSee Account (as defined in Section 1) or by using any ShopSee
Services (as defined below), you are agreeing to be bound by the following
terms and conditions (the “Terms of Service”).
used in these Terms of Service, “we”, “us” and “ShopSee” means the applicable ShopSee
Contracting Party (as defined in Section 4 below).
services offered by ShopSee under the Terms of Service include various products
and services to help you sell goods and services to buyers online (“Online
Services”). Any such services offered by ShopSee 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://myshopsee.com/TermsOfUse. ShopSee
reserves the right to update and change the Terms of Service by posting updates
and changes to the ShopSee 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.
You must read, agree with and accept all of
the terms and conditions contained or expressly referenced in these Terms of
Service, including ShopSee’s
Use Policy (“AUP”)
and the ShopSee Data Processing Addendum (“DPA”) before you may sign up for a ShopSee Account
or use any ShopSee Service.
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 ShopSee or any ShopSee
services, you are agreeing to these terms. Be sure to occasionally check back
1. Account Terms
and use the Services, you must register for a ShopSee account (“Account”) by
providing your full legal name, current address, phone number, a valid
email address, and any other information indicated as required. ShopSee may
reject your application for an Account, or cancel an existing Account, for
any reason, in our sole discretion.
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.
that you are receiving any Services provided by ShopSee for the purposes of
carrying on a business activity and not for any personal, household or
acknowledge that ShopSee 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.
responsible for keeping your password secure. ShopSee cannot and will not be
liable for any loss or damage from your failure to maintain the security
of your Account and password.
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
breach or violation of any term in the Terms of Service, including the
AUP, as determined in the sole discretion of ShopSee may result in an
immediate termination of your Services.
are responsible for your Account and any Materials you upload to the ShopSee
Service. Remember that if you violate these terms we may cancel your service.
we need to reach you, we will send you an email.
2. Account Activation
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
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.
Store can only be associated with one Store Owner. A Store Owner may have
multiple ShopSee Stores. “Store” means the online store or physical retail
location(s) associated with the Account.
Store Owner is responsible and liable for the acts, omissions and defaults
arising from use of their Account in the performance of obligations under
these Terms of Service.
Store Owner and the users under Store Owner are each referred to as a “ShopSee
ShopSee Payments Accounts
completion of sign up for the Service, ShopSee will create a create a ShopSee
Payments account on your behalf.
acknowledge that ShopSee 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.
3. General Conditions
must read, agree with and accept all of the terms and conditions contained in
these Terms of Service, including
support in respect of the Services is only provided to ShopSee Users.
Terms of Service shall be governed by and interpreted in accordance with
the laws of the State of Delaware of the United States 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.
You acknowledge and agree that ShopSee may
amend these Terms of Service at any time by posting the relevant amended
and restated Terms of Service on ShopSee’s website, available at https://myshopsee.com/TermsOfUse 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 ShopSee’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.
You may not use the ShopSee 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
the United States. 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.
govern your access to and use of the ShopSee 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
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 ShopSee.
shall not purchase search engine or other pay per click keywords (such as
Google AdWords), or domain names that use ShopSee or ShopSee trademarks and/or
variations and misspellings thereof.
about the Terms of Service should be sent to ShopSee Support.
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.
You acknowledge and agree that your use of the Services,
including information transmitted to or stored by ShopSee,
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 ShopSee’s Terms of
Service available in another language, the most current English version of
the Terms of Service at https://myshopsee.com/TermsOfUse will prevail.
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.
ShopSee 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 ShopSee’s prior written consent, to be
given or withheld in ShopSee’s sole discretion.
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.
1, 3(2)-(5), 4, 6-8, 11-12, 14(9)-(11), 16, 18 and 19 will survive the
termination or expiration of these Terms of Service.
ShopSee 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 ShopSee’s
APIs, you will comply with our API terms.
Materials may be transferred unencrypted and may be altered, but credit card
information is always encrypted.
4. ShopSee Contracting Party
billing address of your Store is located in the United States or Canada,
this Section 4(1) applies to you:
a. “ShopSee Contracting Party” means ShopSee, Inc., a United
States corporation, with offices located in California, USA.
b. The parties irrevocably and unconditionally submit to the
exclusive jurisdiction of the courts of Delaware in the USA 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.
5. ShopSee Rights
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.
reserve the right to refuse service to anyone for any reason at any time.
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.
or written abuse of any kind (including threats of abuse or retribution)
of any ShopSee customer, ShopSee employee, member, or officer will result in
immediate Account termination.
does not pre-screen Materials and it is in our sole discretion to refuse
or remove any Materials from the Service, including your Store.
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 ShopSee employees and contractors may also be ShopSee
customers/merchants and that they may compete with you, although they may
not use your Confidential Information (as defined in Section 6) in doing
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.
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, ShopSee reserves the right to temporarily
disable an Account until resolution has been determined between the
can modify, cancel or refuse the service at anytime.
the event of an ownership dispute over a ShopSee account, we can freeze the
account or transfer it to the rightful owner, as determined by us.
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. ShopSee’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.
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.
you and ShopSee 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.
7. Limitation of Liability
expressly understand and agree that, to the extent permitted by applicable
laws, ShopSee 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.
extent permitted by applicable laws, in no event shall ShopSee 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, ShopSee 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.
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.
does not warrant that the Services will be uninterrupted, timely, secure,
does not warrant that the results that may be obtained from the use of the
Services will be accurate or reliable.
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
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.
is “as is” so it may have errors or interruptions and we provide no warranties
and our liability is limited.
8. Waiver and Complete Agreement
failure of ShopSee 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, including the documents it incorporates by reference, constitute the
entire agreement between you and ShopSee and govern your use of the Services and
your Account, superseding any prior agreements between you and ShopSee
(including, but not limited to, any prior versions of the Terms of Service).
ShopSee chooses not to enforce any of these provisions at any time, it does not
mean that we give up that right later.
Terms of Service make up the agreement that applies to you. This means that any
previous agreements between you and ShopSee don’t apply if they conflict with
9. Intellectual Property and
not claim any intellectual property rights over the Materials you provide
to the ShopSee Service. All Materials you upload remains yours. You can
remove your ShopSee Store at any time by deleting your Account.
uploading Materials, you agree: (a) to allow other internet users to view
the Materials you post publicly to your Store; (b) to allow ShopSee to
store, and in the case of Materials you post publicly, display and use
your Materials; and (c) that ShopSee can, at any time, review and delete all
the Materials submitted to its Service, although ShopSee is not obligated to
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.
shall have the non-exclusive right and license to use the names,
trademarks, service marks and logos associated with your Store to promote
you upload remains yours and is your responsibility.
10. ShopSee Shipping
addition to these Terms of Service, your access to and use of ShopSee Shipping is
subject to the ShopSee Shipping Terms of Service, located at (a) https://myshopsee.com/TermsOfUse if you are located in the United
you use ShopSee Shipping you must comply with the ShopSee Shipping Terms of
11. Payment of Fees
will pay the Fees applicable to your subscription to Online Service
(“Subscription Fees”) and any other applicable fees, including but not
limited to applicable fees relating to the value of sales made through
your Store (“Transaction Fees”), and any fees relating to your purchase or
use of any products or services such as ShopSee Payments, shipping, apps,
Experts Marketplace, or Third Party Services (“Additional Fees”).
Together, the Subscription Fees, Transaction Fees and the Additional Fees
are referred to as the “Fees”.
must keep a valid payment method on file with us to pay for all incurred
and recurring Fees. ShopSee will charge applicable Fees to any valid payment
method that you authorize (“Authorized Payment Method”), and ShopSee 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.
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 ShopSee’s discretion. You will be charged on
each Billing Date for all outstanding Fees that have not previously been
charged. Fees will appear on the Account Information 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.
are not able to process payment of Fees using an Authorized Payment
Method, 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, ShopSee reserves the right to terminate your
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
responsible for all applicable Taxes that arise from or as a result of
your subscription to or purchase of ShopSee’s products and services. To the
extent that ShopSee 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 ShopSee of your exemption. If you are not charged
Taxes by ShopSee, you are responsible for determining if Taxes are payable,
and if so, self-remitting Taxes to the appropriate tax authorities in your
avoidance of doubt, all sums payable by you to ShopSee under these Terms of
Service shall be paid free and clear of any deductions or withholdings
whatsoever. Other than Taxes charged by ShopSee 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. ShopSee 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
must maintain an accurate location in the administration menu of your ShopSee
Store. If you change jurisdictions you must promptly update your location
in the administration menu.
does not provide refunds.
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, ShopSee may freeze your store.
You may be required to remit Taxes to ShopSee or to self-remit to your local
taxing authority. No refunds.
12. Cancellation and Termination
cancel your Account and terminate the Terms of Service at any time by contacting ShopSee Support and then following the specific
instructions indicated to you in ShopSee’s response.
termination of the Services by either party for any reason:
will cease providing you with the Services and you will no longer be able
to access your Account;
otherwise provided in the Terms of Service, you will not be entitled to
any refunds of any Fees, pro rata or otherwise;
outstanding balance owed to ShopSee for your use of the Services through
the effective date of such termination will immediately become due and
payable in full; and
Store website will be taken offline.
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.
reserve the right to modify or terminate the ShopSee Service, the Terms of
Service and/or your Account for any reason, without notice at any time.
Termination of the Terms of Service shall be without prejudice to any
rights or obligations which arose prior to the date of termination.
Without limiting any other remedies, ShopSee 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.
initiate a termination contact
Support. ShopSee will respond with specific information regarding the
termination process for your account. Once termination is confirmed, domains
purchased through ShopSee will no longer be automatically renewed. If you cancel
in the middle of your billing cycle, you’ll have one last invoice.
may change or terminate your account at any time. Any fraud and we will suspend
or terminate your account.
13. Modifications to the Service and
for using the Services are subject to change upon 30 days’ notice from ShopSee.
Such notice may be provided at any time by posting the changes to the ShopSee
Site (myshopsee.com) or the administration menu of your ShopSee Store via an
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.
shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
may change or discontinue the service at anytime, without liability.
14. Third Party Services, Experts,
and Experts Marketplace
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 ShopSee 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.
Experts is an online directory of independent third parties (“Experts”)
that can help you build and operate your ShopSee Store.
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.
by you of Third Party Services offered through the Services, ShopSee
Experts, Experts Marketplace or ShopSee’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, ShopSee may receive a revenue share
from Third Party Providers that ShopSee recommends to you or that you
otherwise engage through your use of the Services, ShopSee Experts, Experts
Marketplace or ShopSee’s website.
not provide any warranties or make representations to you with respect to
Third Party Services. You acknowledge that ShopSee 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 ShopSee’s websites, including the ShopSee 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 ShopSee. ShopSee does
not guarantee the availability of Third Party Services and you acknowledge
that ShopSee may disable access to any Third Party Services at any time in
its sole discretion and without notice to you. ShopSee is not responsible or
liable to anyone for discontinuation or suspension of access to, or
disablement of, any Third Party Service. ShopSee 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.
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. ShopSee 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.
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) ShopSee 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 ShopSee 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 ShopSee Store. You choose the pages that the
Experts can access.
relationship between you and any Third Party Provider is strictly between
you and such Third Party Provider, and ShopSee is not obligated to intervene
in any dispute arising between you and a Third Party Provider.
no circumstances shall ShopSee 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 ShopSee has been advised of
the possibility of such damages. The foregoing limitations shall apply to
the fullest extent permitted by applicable law.
agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, ShopSee 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.
are not responsible for third party services so use them at your own risk. If
you use Third Party Services on the ShopSee 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.
15. Beta Services
time to time, ShopSee 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 ShopSee 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 ShopSee 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 ShopSee’s prior written consent. ShopSee makes no representations
or warranties that the Beta Services will function. ShopSee may discontinue the
Beta Services at any time in its sole discretion. ShopSee 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. ShopSee may change
or not release a final or commercial version of a Beta Service in our sole
16. Feedback and Reviews
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 ShopSee
be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to ShopSee (whether submitted directly to ShopSee or posted
on any ShopSee hosted forum or page), you waive any and all rights in the
Feedback and that ShopSee is free to implement and use the Feedback if desired,
as provided by you or as modified by ShopSee, 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 ShopSee 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. ShopSee 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.
17. DMCA Notice and Takedown
supports the protection of intellectual property and asks ShopSee 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 ShopSee’s designated
agent using our form or if the form is not available via email. 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.
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
you believe one of our merchants is infringing your intellectual property
rights, you can send ShopSee a DMCA Notice. We will expeditiously disable access
or remove the content and notify the merchant. Be advised that we post all
notices we receive.
18. Rights of Third Parties
for ShopSee and its affiliates, ShopSee Users or anyone accessing ShopSee 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
ShopSee, ShopSee Users and persons accessing ShopSee Services have any rights under
these Terms of Service.
19. Privacy & Data Protection
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 ShopSee’s collection, usage and disclosure of this
personal information is governed by our
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, ShopSee’s
collection and use of personal information of any European residents is also
subject to our Data Processing Addendum.
Additionally, if you or your customers are located in Europe, ShopSee’s use and
collection of European personal information is further governed by our Data