Burst Terms of Service
By signing up for and/or using the Burst website (the “Website”) 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 Website and its content.
The Website 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 available from the Website (“Downloaded Photos”) and business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.
You can also upload photographs (“Uploaded Photos”), which Uploaded Photos 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 Website, including, but not limited to, uploading and downloading Photos.
Furthermore, for clarity, when the term “Photos” is used in these Burst Terms of Service it refers to all Photos subject to these Terms of Service, including Downloaded Photos, Uploaded Photos, Creative Commons Photos (as defined in section 4.1) and Licensed Photos (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. Shopify reserves the right to update and change the Burst Terms of Service by posting updates and changes to the Website. You are advised to check the Burst Terms of Service from time to time for any updates or changes that may impact you.
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. Section 4 applies to users who download Photos from the Website with Section 4.1 applying specifically to the users who download Photos marked as “Creative Commons Photos” and Section 4.2 applying specifically to users who download Photos marked as “Licensed Photos”. Section 5 applies specifically to users who upload Photos to the Website.
1. Burst Account Terms
The Website is a site where you can download or upload Photos, which can then be used by you or others (see section 4 of this agreement, Using Photos, and section 5 of this agreement, Uploading Photos). The Website also provides business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.
To access and use the Website and to download or upload Photos, you may be requested to provide a valid email address and set up an account (a “Burst Account”). You acknowledge that Shopify may use the email address you provide as the primary method for 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 order to upload Photos to the Website, you will be required to provide your name, email address and any other information identified as being required. In addition, Shopify may, but is not obligated to, verify the details that you provide and your ownership of the Photos that you upload, including by conducting reverse image searches. In order to verify your identity and ownership of the Photos, 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 Photos to the Website and to remove any Uploaded Photos that you have uploaded at any time should it determine, in its sole discretion, that you are not the rightful owner of such Uploaded Photos or that such Uploaded Photos violate these Burst Terms of Service, the Shopify Terms of Service or the Acceptable Use Policy, or for any other reason in Shopify’s sole discretion.
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 Terms of Service, as determined in the sole discretion of Shopify will result in an immediate termination of your access to the Website.
2. Burst Account Owner
The person using the Website, or signing up for an 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 or the Photos.
If you are signing up for the Website on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Website 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 Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Shopify may amend these Burst Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Website, available at https://burst.shopify.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Website after the amended Terms of Service are posted to the 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 Website and its Photos.
You may not use the Website, the Photos, the business suggestions or information presented for any illegal or unauthorized purpose nor may you, in the use of the Website, the Photos, the business suggestions or information, or by uploading Photos, 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 and the Photos.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
4. Using Photos
Creative Commons Photos
Some Photos on the Website are released under Creative Commons CC0 license https://creativecommons.org/publicdomain/zero/1.0/ (“Creative Commons Photos”). To the extent possible under law, the photographers who have taken the Creative Commons Photos have waived their copyright, moral rights, and related or neighboring rights to the Creative Commons Photos. You are free to adapt and use, including to copy, reproduce and modify, the Creative Commons Photos for commercial purposes without attributing the original author or source, as long as you do so in accordance with these Terms of Service.
Some Photos on the Website are made available for use under a nonexclusive license (“License”) to download, copy, modify, distribute, perform, display and use such Photos (“Licensed Photos”) in accordance with these Terms of Service. You are free to adapt and use the Licensed Photos for free for commercial and noncommercial purposes, provided that you are not permitted to sell any Licensed Photos as digital photo files or in any other form. You do not need to provide attribution to the photographer, Shopify, or Burst, although Shopify and Burst encourage you to attribute the photographer whenever possible. You may not (i) compile Licensed Photos to replicate a service similar to or competing with Burst; (ii) inaccurately attribute ownership or authorship of the Licensed Photos to yourself or any other third party; or (iii) offer the Licensed Photos for sale in any way.
You agree not to download, copy, modify, distribute, perform, display and/or use any Licensed Photos unless you comply with the License in addition to these Burst Terms of Service.
The following terms applies to all Photos available on the Website:
Photos 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, Photos that depict 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 Photos on the Website may be subject to other intellectual property rights, such as trademark rights, as well as third party rights in the Photos or in how the Photos are 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 photo on the Website under the CC0 or the License and Shopify respectively, make no warranties about the work, and disclaim liability for all uses of the work, to the fullest extent permitted by applicable law.
When using or citing a Photo, you may not imply endorsement by the author or by Shopify.
5. Uploading Photos
By uploading a photo to the Website, you agree to, without any further consideration than as expressly stated in these Burst Terms of Service, waive all of your rights to the Uploaded Photos 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 Uploaded Photos 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 Uploaded Photos at any time without any notice to you.
You represent and warrant that you have created the Uploaded Photos and have full right, title and interest therein.
You agree not to upload Photos that are 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 Photos that depict 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 Uploaded Photos without their permission and further covenant not to include property for which any third party has intellectual property rights in the Uploaded Photos without such third party’s permission.
You represent and warrant that there are no third parties that have any rights in the Uploaded Photos, 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 Photos and making them available on the Website 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 any other person, may use, re-use, copy, publish, modify, retouch, alter, distribute or republish the Uploaded Photos, 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 Photos that you upload to the Website attributable to you and to link the Uploaded Photos 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 Photos 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 remove any of the Photos or content on the Website 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 Photos, or any content on the Website (or any part thereof).
We reserve the right to refuse service of the Website or Photos to anyone for any reason at any time.
We reserve the right to provide the Website and the Photos available on the Website 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 Photos available on the Website. It is your responsibility to ensure you comply with the current terms associated with your use of the Photos.
- You agree to indemnify and hold harmless Shopify from and against any and all loss, claims, expenses, damages, and costs, including without limitation reasonable lawyer fees, resulting, whether directly or indirectly, from your use of the Website and/or the information contained in the Website and/or the Photos, or from your violation of the Terms of Service.
8. Limitation of Liability
You expressly understand and agree that Shopify 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 Photos or these Burst Terms of Service (howsoever arising including negligence).
In no event shall Shopify or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, the Photos or these Burst Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, employees, contractors and suppliers harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of these Burst Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Website and its content is at your sole risk. The Website, the Photos, 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 will be uninterrupted, timely, secure, or error-free.
Shopify does not warrant that the quality of any products, services, information, or other material purchased, obtained or used by you through the Website will meet your expectations, or that any errors in the Website will be corrected.
9. Waiver and Complete Agreement
The failure of Shopify 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 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 Terms of Service).
If any part of these 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. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our Photos or any other content in our Website is infringing their intellectual property rights, they can inform us by contacting email@example.com.
Shopify Inc. 150 Elgin Street, 8th Floor Ottawa, ON K2P 1L4 Canada
Last updated: February 14, 2020 (c) 2020 Shopify Inc.
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