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Last updated on: January 5, 2020
By 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”).
As used in these Terms of Service, “we”, “us” and “ShopSee” means the applicable ShopSee Contracting Party (as defined in Section 4 below).
The 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.
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 ShopSee or any ShopSee services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You 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.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Store Owner
2.2 Staff Accounts
2.3 ShopSee Payments Accounts
3. General Conditions
The 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.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. ShopSee Contracting Party
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
We can modify, cancel or refuse the service at anytime.
In 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.
Both 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
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.
Service 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
The 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).
If ShopSee chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These 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 these terms.
9. Intellectual Property and Customer Content
Anything you upload remains yours and is your responsibility.
10. ShopSee Shipping
In 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 States.
If you use ShopSee Shipping you must comply with the ShopSee Shipping Terms of Service.
11. Payment of Fees
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, 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
To 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.
We 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 Prices
We may change or discontinue the service at anytime, without liability.
14. Third Party Services, Experts, and Experts Marketplace
We 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
From 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 discretion.
16. Feedback and Reviews
ShopSee 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 Procedure
ShopSee 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.
ShopSee 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.
If 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
Save 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 Terms.
Only ShopSee, ShopSee Users and persons accessing ShopSee Services have any rights under these Terms of Service.
19. Privacy & Data Protection
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, ShopSee’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.