Shoply terms and conditions

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Shoply, a company registered in England and Wales (sometimes herein “Shoply,” “We” or “Us”) offers services through the domain www.shoply.com (sometimes herein the “Site”).

Shoply provides a web application (“Software”) that allows a user to create an online store through which they can sell goods online. Shoply also provides merchant services, including hosting of the online store, site design, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”). By using the Services offered through the Site, you (“User” or “You,” or “Your” which collectively includes You and any other person or entity on whose behalf You may be acting) are accepting and agreeing to the terms of use (“Terms”) set forth below which will constitute a binding agreement between You and Shoply (“Agreement”).

By using the Services of the Site, You are accepting and agreeing to the terms of the Shoply Privacy Policy (“Privacy Agreement”), which You acknowledge You have read and fully understand. Also, if You sell goods through an online store on this Site, as described elsewhere, You must agree to the terms of the Shoply Shop Owner’s Agreement (“Shop Owners Agreement"). Each shop owner will have their own online shop (“Shopfront”) from which it will sell its goods. In the event You buy goods through a shop on this Site, Your purchase of goods through such a shop will constitute Your agreement to comply with the terms applicable to a buyer of goods (“Buyers Agreement). By agreeing to be bound by the terms of this Agreement, You are acknowledging You have read and agree to be bound by the Shop Owner’s Agreement and/or the Buyer’s Agreement as well as Paypal's User agreement.

You agree to comply with and be bound by the following Terms and Privacy Policy :

Shoply serves as an online marketplace to allow qualifying users to offer, sell and purchaser goods for an agreed upon price. Shoply has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, Shoply has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.

You may use the Services and the Site and the content owned and provided by Shoply (singularly and collectively, the “Shoply Content”) solely in connection with the intended purposes of the Site. No right, title or interest in any Shoply Content is transferred to You. Shoply retains all of its intellectual property rights in all Shoply Content. Except as expressly authorized by this Agreement, or otherwise agreed to by Shoply, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any Shoply Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by Shoply.

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the Shoply Content. You agree not to add to, subtract from, or otherwise modify the Shoply Content, or to attempt to access any Shoply Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.

While using the Site You will not:

• 1. Be false, misleading, inaccurate or include inaccurate, misleading or false information to a seller or on any Shopfront which You maintain.
• 2. Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
• 3. Violate any local, state, federal or other applicable laws or the rights of third party parties.
• 4. Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
• 5. Fail to deliver payment for items purchased by You.
• 6. Fail to deliver items purchased from You if You are a Seller.
• 7. Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
• 8. interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.
• 9. Be libelous or defamatory with any information posted on the Site.
• 10. Disseminate or display spam, chain letters or pyramid schemes.
• 11. Contain or transmit code or employ other actions which may harm Shoply the Site, the Shoply Content or the interests or property of Shoply users.
• 12. Copy, modify, or distribute content from the Site and/or Shoply copyrights and trademarks unless agreed to by Shoply.
• 13. Collect information about users, including email addresses, without their consent.
• 14. Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or © provides pirated content or links to pirated content files.
• 15. Be obscene or post any information that contains pornography including child pornography.
• 16. Violate the Seller’s Agreement, as the case may be, if You are a seller.
• 17. Use any automated means to access the Site for any purpose without the express written permission of Shoply.
• 18. Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by Shoply. You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that You submit, post, and display on Shoply. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree Shoply has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You.
  
  Shoply makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Your storefront or in any links appearing within Your storefront. You agree that Shoply does not pre-approve or review Third Party Content; however, Shoply retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of Shoply, such Third Party Content violates the Terms.

The Site and the Shoply Content are protected by laws of the United Kingdom, and belongs solely to Shoply. You may not use, change or amend in any way the Site or the Shoply Content without the prior written approval of Shoply. As a Seller, You are granted a revocable non-exclusive license as part of the Shop Owner’s Agreement, as the case may be, to utilize references to Shoply and its logo in connection with linking to Your Shopfront on the Site from other web pages.

Shoply does not claim ownership rights in Your Third Party Content. When You post or display Third Party Content on the Site, You grant to Shoply a license to use and display the Third Party Content on the Site. You grant Shoply a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agreed to hold Shoply harmless from any liability arising out of a dispute concerning the reposting of Your Third Party Content. Shoply works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support@shoply.com.

SHOPLY ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE SHOPLY CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. SHOPLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE SHOPLY CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. SHOPLY DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF THE SHOPLY CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE SHOPLY CONTENT, THIRD PARTY DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE SHOPLY CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME COUNTRIES 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 COUNTRY TO COUNTRY.

IN NO EVENT WILL SHOPLY OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES, THE STORENVY CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE SHOPLY CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, SHOPFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, STORENVY CONTENT OR ANY OTHER CONTENT, EVEN IF SHOPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, SHOPLY CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME COUNTIRES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES SHOPLY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

YOU AGREE TO INDEMNIFY AND HOLD SHOPLY (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STOREFRONT AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SHOPLY CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

YOU HEREBY FURTHER RELEASE SHOPLY (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND OTHER ACTIVITIES. SHOPLY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE SHOPFRONTS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

This Agreement shall be governed in all respects by the laws of the England and Wales.

Shoply retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by Shoply to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with Shoply.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.

You and Shoply are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.