Last Updated: 16 September 2024
By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
As used in these Terms of Service, “we”, “us”, “our” and “StoreOnCloud” means the applicable StoreOnCloud Contracting Party, and “you” means the StoreOnCloud User.
These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.
In order to use the Services, you must register for a StoreOnCloud account (“Account”). To complete your Account registration, you must provide us with your full legal name, business name, business address, phone number, a valid email address, and any other information indicated as required. StoreOnCloud may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You are responsible for keeping your password secure. StoreOnCloud cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must notify us immediately.
You hereby represent and acknowledge that anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
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. If you do not qualify, please do not use the Services or access the Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by StoreOnCloud. You also agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
We do not claim any intellectual property rights over the content you provide to StoreOnCloud. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral (where permitted), database, and/or other intellectual property rights (collectively, "IP Rights") you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. To the extent permitted by applicable law, StoreOnCloud takes no responsibility and assumes no liability for any content provided by you or any third party.
The Website and Services, including, without limitation, any and all APIs, source code, Software, documentation, images, video, content, logos, graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials are owned by StoreOnCloud and/or its third party sponsors, partners, and suppliers.
You may provide us with feedback, ideas and/or suggestions regarding improvements or additions to the Services. If you submit feedback to StoreOnCloud, you hereby grant StoreOnCloud an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license to use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE STOREONCLOUD USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
STOREONCLOUD TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH STOREONCLOUD WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOREONCLOUD AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF STOREONCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold StoreOnCloud and our parent, subsidiaries, affiliates, partners, officers, directors, contractors, licensors, service providers, employees and agents harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes on this website; any changes that we make to this Terms of Use will be effective immediately upon posting. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
StoreOnCloud may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account. StoreOnCloud will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
StoreOnCloud may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.