By signing up for any services of the Marketdive (“Service”), that is releasing and managing the Shopify Apps as the Shopify Partner, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time here. Marketdive reserves the right to update and change the Terms of Service by posting updates and changes to the Marketdive website. You are advised to check the 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 this Terms of Service as the user agreement before you install and/or use the Service.
Account Terms
- You must be 18 years or older to use this Service.
- You may need to provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. Marketdive cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Marketdive service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Japan.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded when you utilize the Service.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of Marketdive will result in an immediate termination of your services.
General Conditions
- Marketdive reserves the right to modify or terminate the Service for any reason, without notice at any time.
- Marketdive reserves the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Marketdive does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Marketdive does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Marketdive may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Marketdive does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that Marketdive 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 resulting from the use of or inability to use the service.
- In no event shall Marketdive or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Marketdive.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Marketdive customer, Marketdive employee, member, or officer will result in immediate account termination.
- Marketdive does not claim any intellectual property rights over the material you provide to the Marketdive service. All material you submit remains yours.
- You agree that Marketdive can, at any time, review all the content submitted by you to its Service.
- The failure of Marketdive 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 constitutes the entire agreement between you and Marketdive and govern your use of the Service, superseding any prior agreements between you and Marketdive (including, but not limited to, any prior versions of the Terms of Service).
- Marketdive does not pre-screen content and it is in their sole discretion to refuse or remove any content that is available via the Service.
Cancellation and Termination
- You may cancel your account at anytime by any ways that are identified in the Service.
- Once your account is cancelled all of your content may be deleted from the Service. Marketdive reserves the right to retain a part of the content for a certain period of time after you cancel your account for the Service.
- Marketdive reserves the right to modify or terminate the Service for any reason, without notice at any time.
- Without limiting any other remedies, Marketdive may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.
Modifications to the Service and Prices
- Prices for using the Service are subject to change upon 14 days notice from Marketdive. Such notice may be provided at any time by posting the changes to the Marketdive Site or the main page of the Service.
- Marketdive reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
- Marketdive shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Indemnity
You agree to defend, indemnify and hold harmless Marketdive and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Marketdive site; (b) the use by any third party of the Marketdive site; and (c) Your failure to comply with these Terms.
Limitation of Liability
Except to the extent prohibited by applicable law, in no event shall Marketdive or third-party vendor, or their affiliates, subsidiaries, or third party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if Marketdive has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of Marketdive, its affiliates, subsidiaries, and its third party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by you to Marketdive for the Service in the three (3) months immediately preceding the claim.
General
These Terms represent the complete agreement concerning the Service between you and Marketdive and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of Japan, excluding choice of law principles. All proceedings shall be conducted in Japanese. You agree that venue for all proceedings shall be Tokyo, Japan provided that venue shall also be proper in any court of competent jurisdiction where Marketdive seeks (a) injunctive relief against you to enforce the Terms; and/or (b) to join you in a suit brought by a third party related to the Service or the site. The United Nations Convention for the International Sale of Goods shall not apply. Section headings are provided for convenience only and have no substantive effect on construction. Except for your obligation to pay Marketdive, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.