Acceptance of Terms and Conditions
This agreement applies to the Shopify Thrive website and all its products, services, and content. The website is owned and operated by Shopify Thrive and is offered to users subject to their acceptance of the terms and conditions outlined in this agreement. By accessing or using any part of the website, users agree to be bound by these terms and conditions. If users do not agree to all the terms and conditions of this agreement, they may not access the website or use any of its services. The website is only available to individuals who are at least 13 years old.
Account Responsibility
If a user creates a blog or site on the website, they are responsible for maintaining the security of their account and blog. They are also responsible for all activities that occur under their account and any other actions taken in connection with their blog. Users must not use misleading or unlawful keywords to describe their blog, and Shopify Thrive may change or remove any description or keyword that it considers inappropriate or unlawful. Users must immediately notify Shopify Thrive of any unauthorized uses of their blog or account or any other breaches of security. Shopify Thrive will not be liable for any acts or omissions by the user, including any damages of any kind incurred as a result of such acts or omissions.
User-Generated Content
If a user posts any content on the website, including comments, links, or other material, they are entirely responsible for the content of that material and any harm resulting from it. Users represent and warrant that the downloading, copying, and use of the content will not infringe on the proprietary rights of any third party, and that they have fully complied with any third-party licenses relating to the content. They have also done all things necessary to successfully pass through to end users any required terms.
Content Standards The content posted by users must adhere to the following standards:
- The content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.
- The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
- Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own.
- In the case of content that includes computer code, users have accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Shopify Thrive or otherwise.
Subsection 2.2: Content License
By submitting content to Shopify Thrive for inclusion on the website, the user grants Shopify Thrive a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting the user’s blog. If the user deletes content, Shopify Thrive will use reasonable efforts to remove it from the website, but the user acknowledges that caching or references to the content may not be made immediately unavailable.
Subsection 2.3: Shopify Thrive’s Rights
Without limiting any of those representations or warranties, Shopify Thrive has the right (though not the obligation) to, in Shopify Thrive’s sole discretion:
- Refuse or remove any content that, in Shopify Thrive’s reasonable opinion, violates any Shopify Thrive policy or is in any way harmful or objectionable.
- Terminate or deny access to and use of the website to any individual or entity for any reason, in Shopify Thrive’s sole discretion.
- Shopify Thrive will have no obligation to provide a refund of any amounts previously paid.
Subsection 2.4: Payment and Renewal
By selecting a product or service, the user agrees to pay Shopify Thrive the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day the user signs up for an Upgrade and will be effective for the subscription period indicated.
The user’s subscription will automatically renew at the end of each subscription period unless the user cancels their subscription before the end of the current subscription period. The cancellation will take effect on the day after the last day of the current subscription period, and the user will be downgraded to the free service.
Section 3: Intellectual Property
Subsection 3.1: Ownership
The website and its original content, features, and functionality are owned by Shopify Thrive and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Users agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by applicable law or with our express prior written consent.
Subsection 3.2: Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the website or on content available through the website are registered and unregistered Trademarks of Shopify Thrive and its affiliates and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All other Trademarks not owned by Shopify Thrive or its affiliates that appear on the website or on or through the website’s services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shopify Thrive or its affiliates.
Subsection 3.3: Copyright Infringement Claims
If users believe that any material on the website infringes upon any copyright which they own or control, they may file a notification of such infringement with our designated agent as set forth in the Digital Millennium Copyright Act (“DMCA”). To be effective, the notification must include:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Subsection 3.4: Counter-Notice
If users believe that their material has been removed or disabled by mistake or misidentification, they may file a counter-notification with us by submitting written notification to our copyright agent. To be effective, the counter-notification must include:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of the alleged infringement; and A physical or electronic signature of the user.
Section 4: Disclaimers and Limitations of Liability
Subsection 4.1: Disclaimers
The information, products, services, and content provided on the Shopify Thrive website are provided on an “as is” and “as available” basis. Shopify Thrive makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. To the full extent permissible by applicable law, Shopify Thrive disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Shopify Thrive does not warrant that the website, its servers, or email sent from the website are free of viruses or other harmful components. Shopify Thrive will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Subsection 4.2: Limitations of Liability
In no event shall Shopify Thrive, its directors, officers, employees, agents, suppliers, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising from or in any way related to the use of the website or any of its products, services, or content, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if Shopify Thrive has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the user.
Section 5: Disclaimer of Warranties; Limitation of Liability
Shopify Thrive makes no representations or warranties about the suitability, reliability, availability, timeliness, or accuracy of the information, products, services, or related graphics contained on the website for any purpose. All such information, products, services, and related graphics are provided “as is” without warranty of any kind. Shopify Thrive hereby disclaims all warranties and conditions with regard to this information, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall Shopify Thrive be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use the website, or for any information, products, services, and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, strict liability, or otherwise, even if Shopify Thrive has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the user.
Section 6: Indemnification
Users agree to indemnify, defend, and hold harmless Shopify Thrive, its affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from their use of the website, their violation of these terms and conditions, or their infringement, or infringement by any other user of their account or intellectual property rights.
Section 7: Termination
Shopify Thrive may terminate the user’s access to the website, without cause or notice, which may result in the forfeiture and destruction of all information associated with their account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 8: Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Section 9: Changes to Terms and Conditions
Shopify Thrive reserves the right to modify these terms and conditions at any time, without prior notice. The user is responsible for regularly reviewing these terms and conditions. Continued use of the website after any such changes shall constitute their consent to such changes.
Section 10: Entire Agreement
These terms and conditions, together with the Privacy Policy, constitute the entire agreement between the user and Shopify Thrive relating to the use of the website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and Shopify Thrive with respect to the website.
By accessing or using any part of the Shopify Thrive website, the user agrees to be bound by these terms and conditions. If they do not agree to all the terms and conditions of this agreement, they may not access the website or use any of its services. The website is only available to individuals who are at least 13 years old