By signing up for and/or using the Dropship Market website (the “Website”) you are agreeing to be bound by the following terms and conditions (“Dropship Market Terms Of Services”), which govern your access to and use of the Website and its content. The Dropship Market website includes various services to help you create a retail store, including but not limited to available stores for sale, downloadable photographs available from the Website (“Downloaded Photos”), business suggestions with links to suppliers that are not affiliated or endorsed by Dropship Market. For clarity, the term “use” as used in these Dropship Market Terms of Service refers to any use of the Website, including, but not limited to, downloading Photos. Furthermore, for clarity, when the term “Photos” is used in these Dropship Market Terms of Service it refers to all Photos subject to these Terms of Service, including Downloaded Photos, Creative Commons Photos (as defined in section 4.1) and Licensed Photos (as defined in section 4.2). We reserve the right to update and change the Dropship Market Terms of Service by posting updates and changes to the Website. You are advised to check the Dropship Market Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in these Dropship Market Terms of Service before you may become a Dropship Market user. You must also comply with any license terms applicable to the Photos that you download. If you disagree with any part of these Dropship Market Terms of Service or the license terms in the applicable license, you may not use the Website, place a bid for a new store or download the Photos available on the Website.
1. Dropship Market Account Terms
- The Website is a site where you can purchase new stores, get business ideas or download Photos, which can then be used by you or others (see section 4 of this agreement, Using Photos). The Website also provides business suggestions with links to suppliers that are not affiliated or endorsed by Dropship Market.
- To access and make purchases on the Website and to download Photos, you may be requested to provide a valid email address and set up an account (a “Dropship Market Account”). You acknowledge that Dropship Market may use the email address you provide as the primary method for communication. You are responsible for keeping your password secure. Dropship Market cannot and will not be liable for any loss or damage from your failure to maintain the security of your Dropship Market Account and password.
- You acknowledge that you will be responsible for tracking all activity for your Dropship Market Account, and you agree to: (i) notify Dropship Market immediately of any unauthorized use or other breach of security; and (ii) accept all responsibility for activity that occurs under your Dropship Market Account.
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Dropship Market will result in an immediate termination of your access to the Website.
2. Dropship Market 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 Dropship Market 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 Dropship Market Terms of Service.
3. General Conditions
- These Dropship Market 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 Dropship Market may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Website 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 stores purchased from the website, the Photos, the business suggestions or information presented for any illegal or unauthorized purpose nor may you, in the use of the purchased stores, 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.
- Questions about the Terms of Service should be sent to email@example.com.
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. You do not need to provide attribution to the photographer or Dropship Market, although Dropship Market encourage you to attribute the photographer whenever possible. You may not compile Licensed Photos to replicate a service similar to or competing with Dropship Market.
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 Dropship Market 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. Dropship Market 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 Dropship Market 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 Dropship Market.
5. Dropship Market 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. Dropship Market shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the stores, the Photos, or any content on the Website (or any part thereof).
- We reserve the right to refuse service of the Website, the stores 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 Dropship Market employees and contractors may also be Dropship Market customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- You agree to indemnify and hold harmless Dropship Market 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 Dropship Market 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 stores, the Photos or these Dropship Market Terms of Service (howsoever arising including negligence).
- In no event shall Dropship Market be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, the stores, the Photos or these Dropship Market Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Dropship Market 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 Dropship Market 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 stores, 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.
- Dropship Market does not warrant that the Website will be uninterrupted, timely, secure, or error-free.
- Dropship Market 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 Dropship Market 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 Dropship Market and govern your use of the Service, superseding any prior agreements between you and Dropship Market (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
Dropship Market 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 firstname.lastname@example.org.
Last updated: August 22, 2017 (c) 2017 Dropship Market, Inc.