Burst Terms of Service
By signing up for and/or using the Burst website (the “Website”) and/or application (the “Application”), you are agreeing to be bound by the following terms and conditions (“Burst Terms of Service”), which govern your access to and use of the services and related content offered by the Website and the Application (collectively, the “Services”). This document is a legally binding agreement between you, as the user of the Website, Application and/or Services (referred to as “you” or “your”), and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.
The Services offered by Shopify under these Burst Terms of Service include various services to help you create a retail store, including but not limited to downloadable photographs, videos, text, information, graphics or other content made available from the Website and the Application (“Downloaded Content”) and business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.
You can also upload photographs, videos, text, information, graphics or other content (“Uploaded Content”), which Uploaded Content can then be downloaded and used by other users for commercial purposes without attribution to you. For clarity, the term “use” as used in these Burst Terms of Service refers to any use of the Application and/or the Website, including, but not limited to, uploading and downloading Content.
Furthermore, for clarity, when the term “Content” is used in these Burst Terms of Service it refers to all photographs, videos, text, information, graphics or other content that is subject to these Burst Terms of Service, including Downloaded Content, Uploaded Content, Creative Commons Content (as defined in section 4.1) and Licensed Content (as defined in section 4.2).
You can review the current version of the Burst Terms of Service at any time at https://burst.shopify.com/legal/terms. You are advised to check the Burst Terms of Service from time to time for any updates or changes that may impact you. You acknowledge and agree that Shopify may amend these Burst Terms of Service at any time by posting the relevant amended and restated Burst Terms of Service on https://burst.shopify.com/legal/terms and such amendments to the Burst Terms of Service are effective as of the date of posting. Your continued use of the Website or the Application after the amended Burst Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Burst Terms of Service. If you do not agree to any changes to the Burst Terms of Service, do not continue to use the Website, the Application or the Content.
These Burst Terms of Service addresses the different types of use set forth above and otherwise herein. Sections 1, 2, 3, 6, 7, 8, 9 and 10 applies to all users of the Website and the Application. Section 4 applies to users who download Content from the Website or the Application with Section 4.1 applying specifically to the users who download Content marked as “Creative Commons Photos” and Section 4.2 applying specifically to users who download Content marked as “Licensed Photos”. Section 5 applies specifically to users who upload Content to the Website or the Application.
1. Burst Account Terms
You can download or upload Content on the Website or the Application, which can then be used by you or others (see section 4 of these Burst Terms of Service, Using Content, and section 5 of these Burst Terms of Service, Uploading Content). The Website and Application also provides business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.
In order to upload Content to the Website or the Application, you will be required to provide your name, country, username, email address and any other information identified as being required to set up an account (a “Burst Account”). You acknowledge that Shopify may use the email you provide as the primary method of communication. You are responsible for keeping your password secure. Shopify cannot and will not be liable for any loss or damage from your failure to maintain the security of your Burst Account and password. In addition, Shopify may, but is not obligated to, verify the details that you provide and your ownership of the Content that you upload, including by conducting reverse image searches. In order to verify your identity and ownership of the Content, Shopify may also give you the option, but not require you to, provide your username (but not your password or any other personally identifiable information) for other social media sites that you use such as Facebook, Instagram or Twitter. In addition to any other rights granted to Shopify pursuant to these Burst Terms of Service, Shopify reserves the right to reject your request to submit and upload Content to the Website or the Application and to remove any Uploaded Content that you have uploaded at any time should it determine, in its sole discretion, that you are not the rightful owner of such Uploaded Content or that such Uploaded Content violates these Burst Terms of Service, the Shopify Terms of Service or the Shopify AUP, or for any other reason in Shopify’s sole discretion. Additionally, we may publicly display your name and email address if you consent to sharing this information on the Website and/or Application.
You acknowledge that you will be responsible for tracking all activity for your Burst Account, and you agree to: (i) notify Shopify immediately of any unauthorized use or other breach of security; and (ii) accept all responsibility for activity that occurs under your Burst Account.
A breach or violation of any term in the Burst Terms of Service or the Shopify Terms of Service, as determined in the sole discretion of Shopify will result in an immediate termination of your access to the Website and/or the Application.
You 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.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
2. Burst Account Owner
The person using the Website or the Application, or signing up for a Burst Account, will be the contracting party (“Account Owner”) for the purposes of these Burst Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Website, Application or the Content.
If you are signing up for the Website or the Application on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Website or the Application on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to these Burst Terms of Service.
3. General Conditions
These Burst Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario 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 Burst Terms of Service and is hereby expressly excluded.
You may not use the Website, Application, the Content, the business suggestions or information presented for any illegal or unauthorized purpose nor may you, in the use of the Website, the Application, the Content, the business suggestions or information, or by uploading Content, 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 Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Website, the Application and the Content.
Questions about the Burst Terms of Service should be sent to email@example.com.
4. Using Content
Creative Commons Content
Some Content on the Website and the Application is made available under the Creative Commons CC0 license https://creativecommons.org/publicdomain/zero/1.0/ (“Creative Commons Content”). To the extent possible under law, the contributors who have contributed the Creative Commons Content have waived their copyright, moral rights, and related or neighboring rights to the Creative Commons Content. You are free to adapt and use, including to copy, reproduce and modify, the Creative Commons Content for commercial purposes without attributing the original author or source, as long as you do so in accordance with these Burst Terms of Service.
Some Content on the Website and the Application is made available for use under a nonexclusive license (“License”) to download, copy, modify, distribute, perform, display and use such Content (“Licensed Content”) in accordance with these Burst Terms of Service. You are free to adapt and use the Licensed Content for free for commercial and noncommercial purposes, provided that you are not permitted to sell any unaltered Licensed Content as digital photo files or in any other form. You do not need to provide attribution to the contributor, Shopify, or Burst, although Shopify and Burst encourage you to attribute the contributor whenever possible. You may not (i) compile Licensed Content to replicate a service similar to or competing with Burst; (ii) inaccurately attribute ownership or authorship of the Licensed Content to yourself or any other third party; or (iii) offer the Licensed Content for sale in any way. You agree not to download, copy, modify, distribute, perform, display and/or use any Licensed Content unless you comply with the License in addition to these Burst Terms of Service.
The following terms applies to all Content available on the Website and the Application:
- Content may not be used for unlawful or immoral purposes, including but not limited to selling or promoting pornography, weapons, escort services or prostitution, or illegal drugs or drug use.
- In addition, Content that depicts identifiable person(s) may not be used in any way which might damage the reputation(s) of such person(s) or which could embarrass such person(s) in any way.
- The Content on the Website and the Application may be subject to other intellectual property rights, such as trademark rights, as well as third party rights in the Content or in how the Content is used, such as publicity or privacy rights. Shopify does not represent or make any warranties that it owns or licenses any of the abovementioned rights, nor does it grant them.
- The person who released their Content on the Website or the Application, and Shopify, respectively, makes no warranties about the Content, and disclaims liability for all uses of the Content, to the fullest extent permitted by applicable law.
- When using or citing the Content, you may not imply endorsement by the author or by Shopify.
5. Uploading Content
When you upload any Content to the Website or the Application, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify, distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Website or the Application.
By uploading any Content to the Website or the Application, you agree to, without any further consideration than as expressly stated in these Burst Terms of Service, waive all of your rights to the Content worldwide under copyright law, including all related and neighboring rights as well as any moral rights, to the extent allowed by law, and to permit Shopify to make the Content available to the public domain under the Creative Commons Zero license (available at https://creativecommons.org/publicdomain/zero/1.0/) or under the Burst License (https://burst.shopify.com/licenses/shopify-some-rights-reserved), at Shopify’s sole discretion. Shopify may change how it licenses the Content at any time without any notice to you.
You represent and warrant that you have created the Content and have full right, title and interest therein. You further represent and warrant that the Content will conform to the Shopify AUP.
You agree not to upload Content that is unlawful or immoral in any way, including pornographic images or images depicting weapons, escort services or prostitution, or illegal drugs or drug use. In addition, you agree not to upload Content that depicts an identifiable person(s) in any way which might damage the reputation(s) of such person(s) or which could embarrass such person(s) in any way.
You covenant not to include any identifiable individuals in the Content without their written permission and further covenant not to include property for which any third party has intellectual property rights in the Uploaded Content without such third party’s written permission.
You represent and warrant that there are no third parties that have any rights in the Uploaded Content, and that you are not subject to any restrictive covenant or any other obligation that would prohibit or in any way limit or restrict you from uploading the Uploaded Content and making them available on the Website and the Application pursuant to these Burst Terms of Service.
You acknowledge that Shopify, any of its third-party partners or users, any user of the Website or the Application, or any other person, may use, re-use, copy, publish, modify, retouch, alter, distribute or republish the Uploaded Content, or any material based upon or derived therefrom, in any form of media now or hereafter known, for any and all advertising, promotion and/or other commercial purpose, or any other purpose whatsoever, without restriction and without attribution.
Shopify will make the Uploaded Content that you upload to the Website or the Application attributable to you and to link the Uploaded Content to your personal website or social media page if you provide one at the time of submission. Notwithstanding the above, you acknowledge and agree that no attribution is required under the Creative Commons Zero license and that Shopify, as a result, in no way guarantees that anyone else using your Uploaded Content will attribute the same to you.
6. Shopify Rights
We reserve the right, at any time and from time to time, to modify, suspend or discontinue the Website or the Application or remove any of the Content on the Website or the Application for any reason, without notice at any time. Shopify shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Application, the Content, or any content on the Website or the Application (or any part thereof).
We reserve the right to refuse service of the Website, the Application or Content to anyone for any reason at any time.
We reserve the right to provide the Website, the Application and the Content available on the Website or the Application to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Shopify employees and contractors may also be Shopify customers/merchants and that they may compete with you, although they may not use your confidential information in doing so. We reserve the right to change how we make the Content available on the Website or the Application. It is your responsibility to ensure you comply with the current terms associated with your use of the Content.
- You agree to indemnify and hold us and (as applicable) our Affiliates, Shopify partners, officers, directors, agents, employees, contractors and suppliers (collectively, the “Shopify Parties”) harmless from any loss, claim, expenses, damages, costs or demand, including reasonable lawyer’s fees, whether directly or indirectly, made by any third party due to or arising out of your violation of any law or the rights of a third party, from your use of the Website or the Application and/or the information contained in the Website, the Application and/or the Content, or from your violation of the Burst Terms of Service or the Shopify Terms of Service.
8. Limitation of Liability
You expressly understand and agree that the Shopify Parties 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 arising out of or in connection with the Website, the Application, the Content or these Burst Terms of Service (howsoever arising including negligence).
Your use of the Website, the Application and the Content is at your sole risk. The Website, the Application, the Content, business suggestions and information are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Shopify does not warrant that the Website or the Application will be uninterrupted, timely, secure, or error-free.
Shopify does not warrant that the quality of any Content, products, services, information, or other material purchased, obtained or used by you through the Website or the Application will meet your expectations, or that any errors in the Website or the Application will be corrected.
9. Waiver and Complete Agreement
The failure of Shopify to exercise or enforce any right or provision of the Burst Terms of Service shall not constitute a waiver of such right or provision. The Burst Terms of Service, Shopify Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Shopify and govern your use of the Service, superseding any prior agreements between you and Shopify (including, but not limited to, any prior versions of the Burst Terms of Service or Shopify Terms of Service).
If any part of these Burst Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
10. Notice and Takedown Procedure
Shopify supports the protection of intellectual property and asks its users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Content claimed to be a copyright infringement. Once provided with a notice of takedown, the user 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 user from engaging in the infringing activity, otherwise, we restore the Content. For more information, see our DMCA Notice and Takedown Procedure https://www.shopify.com/legal/dmca.
Shopify Inc. 151 O’Connor, Ground Floor, Ottawa, Ontario K2P 2L8 Canada
Last updated: February 8, 2021 (c) 2021 Shopify Inc.
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