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 (the “Photos”) and business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.

You must read, agree with and accept all of the terms and conditions contained in this Burst Terms of Service Agreement, the Shopify Terms of Services located at https://www.shopify.com/legal/terms and the Shopify Privacy Policy located at https://www.shopify.com/legal/privacy before you may become a Burst or a Shopify user. If You disagree with any part of these Burst Terms of Service, You may not use the Website or download the Photos available on the Website.

1. Burst

  1. The Website is a site where you can download the Photos, which can then be copied, reproduced, modified and used by you without, in many cases, any permission being required regarding copyright and related rights in the Photos (see section 4 of this agreement, Using the Photos). The Website also provides business suggestions with links to suppliers that are not affiliated or endorsed by Shopify.

  2. You acknowledge and agree that You have read and understand the Shopify Terms of Service located at https://www.shopify.com/legal/terms and the Shopify Privacy Policy available at https://www.shopify.com/legal/privacy, each of which also apply to these Burst Terms of Service and to your use of the Website. Where there is a disagreement between these Burst Terms of Service and the Shopify Terms of Service, the Shopify Terms of Service will govern.

  3. To access and use the Website and to download the Photos, You may be requested to provide a valid email address and set up an 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 Account and password.

  4. 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 Activation

  1. 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.

  2. 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

You must read, agree with and accept all of the terms and conditions contained in these Burst Terms of Service, the Shopify Terms of Service and the Privacy Policy before you may use the Website.

  1. 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.

  2. 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.

  3. 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 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.

  4. Questions about the Terms of Service should be sent to support@shopify.com.

  5. https://www.shopify.com/legal/privacy

4. Using the Photos

  1. The Photos on the Website are released under Creative Commons CC0 license https://creativecommons.org/publicdomain/zero/1.0/. To the extent possible under law, the photographers who have taken the Photos have waived their copyright, moral rights, and related or neighboring rights to the Photos. You are free to adapt and use them for commercial purposes without attributing the original author or source.

  2. The Photos may not be used for unlawful or immoral purposes, including but not limited to selling or promoting pornography, drugs or drug use, weapons, or escort services or prostitution.

  3. 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.

  4. The CC0 license, which the Photos on the Website are released under, 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.

  5. The person who released their photo on the Website under the CC0 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.

  6. When using or citing the Photo, you may not imply endorsement by the author or by Shopify.

5. Shopify Rights

  1. 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 or any content on the Website.

  2. We reserve the right to refuse service of the Website or Photos to anyone for any reason at any time.

  3. 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.

6. Indemnification

  1. 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.

7. Limitation of Liability

  1. 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).

  2. 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, 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.

  3. 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.

  4. Shopify does not warrant that the Website will be uninterrupted, timely, secure, or error-free.

  5. 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.

8. 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.

9. 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 legal@shopify.com.

Shopify Inc. 150 Elgin Street, 8th Floor Ottawa, ON K2P 1L4 Canada