Terms of Service
Last Updated: January 8, 2020
These Terms of Service govern your access to and use of the any of the tools or services provided by AirTank Inc. dba ZiftrShop or its affiliates (“ZiftrShop”, “we”, “our” or “us”). Any tools, products or services offered by ZiftrShop are referred to in these Terms of Services as “Services”. You must read, agree to and accept all of the terms and conditions set forth in this Terms of Service before you begin to use the Services. By signing up for or using the Services, you agree to be bound by these Terms of Service. Any new features or tools which are added to the current suite of Services shall be subject to these Terms of Service.
In these Terms of Services:
“Account” means your account to access and use the Services.
“you” and “your” means the person or entity using the Services.
“ZiftrShop Site” means www.ziftrshop.com, the ZiftrShop apps or plug-ins, and any related sites and apps as may be updated by ZiftrShop from time to time.
- You must be 18 years or older to use the Services. ZiftrShop may require proof of age at any time and any failure to produce such proof shall be grounds for immediate termination of the Services.
- If you are using the Services on behalf of your employer, you represent and warrant that you have the authority to bind your employer to our Terms of Service and “you” and “your” shall refer to your employer.
- You are solely responsible for keeping your Account password secure and confidential and will not cause or permit your password to be disclosed to another person. ZiftrShop will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You must immediately notify us upon becoming aware of any breach of security or unauthorized use of your Account.
- You agree that all information that you provide ZiftrShop is accurate, complete and current at all times.
- You are responsible for all activity in your Account (including any activity that causes fees to be charged), including any media and content in your Account, such as photos, images, videos, code, text, information and data uploaded, collected, generated, stored, displayed and transmitted (collectively, “Your Content”).
- Any breach or violation of any term in these Terms of Service as determined in ZiftrShop’s sole discretion will result in immediate suspension or termination of your Account.
- By creating an Account (or with your consent if required by law), you agree that we may send you promotional emails. You may opt out of such promotional emails by following the opt-out instructions contained in the email. If you opt out of receiving promotional emails, we may still send you emails about your Account or any Services you have requested or received from us.
- You will pay the fees applicable to your subscription to the (“Subscription Fees”) and any other applicable fees, including fees applicable to the value of sales made through your store when using payment providers other than (“Transaction Fees”) and any fees applicable to your purchase or use of any products available through the Services, including any apps, themes, domain names or Third Party Services (“Other Fees”, and together with Subscription Fees and Transaction Fees, the “Fees”).
- Subscription Fees are paid in advance and will be invoiced, depending on your subscription, in monthly or annual intervals (each, a “Billing Period”). Transaction Fees and Other Fees will be invoiced monthly in arrears. Any unpaid Fees that are due and owing will appear on the most current invoice. All invoiced Fees are exclusive of taxes. You are liable for any taxes that are applicable to your subscription or purchase of the Services.
- You agree to provide us a valid and up to date credit card and all relevant information, and authorize us to store and charge all applicable Fees on such credit card until the Services are terminated. If for any reason, we are not able to process your payment using the credit card you provided us, we will make a second attempt fifteen (15) days later. If the second attempt fails, we will send you notice of the failed payment and you will have ten (10) business days to provide a valid replacement credit card that you authorize us to store and charge. If you do not provide a valid replacement card within the ten (10) day period, we will suspend your Account until you provide one.
- All Fees are non-refundable.
Your Rights and Obligations
- You acknowledge and agree that ZiftrShop may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the ZiftrShop Site, at http://www.ziftrshops.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. By continuing to use the Services after the Amended Terms of Service are posted to the ZiftrShop Site 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 Services. You may cancel your Account by contacting Customer Support at the Helpdesk.
- You may not use the Services for any illegal or unauthorized purpose. You may not use the Services in a way that violate any laws applicable to you in your jurisdiction or your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Services.
- You may not attempt to reproduce, duplicate, copy, transmit, sell, resell, reverse engineer or disassemble any portion of the Services without the express written permission of ZiftrShop.
- You may not use another person’s account, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
- You may not interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
- You may not in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
- You may not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein.
- You may not make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services, data, or affect other users.
ZiftrShop Rights and Obligations
- We reserve the right to modify or terminate the Services or any portion thereof for any reason and without notice.
- We reserve the right to terminate your Account if we suspect fraudulent, unauthorized or illegal activity.
- We reserve the right to refuse or remove Your Content from the Services for any reason.
Intellectual Property Rights
- You retain any and all of your rights to Your Content and are responsible for Your Content’s compliance with all applicable laws.
- By uploading or posting Your Content on or through the Services, you grant ZiftrShop the right and license to store and, in the case of Your Content that you have chosen to display in your store, to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Services.
- You represent and warrant that: (a) you have all rights and licenses necessary to use Your Content and the right to grant us the rights and licenses as provided in these Terms of Service and (b) Your Content does not violate any rights of a third party, including privacy rights, publicity rights and intellectual property rights.
- The contents, features, tools and functionality of the ZiftrShop Site, including any trademarks are the property of ZiftrShop. You may not distribute, modify, reproduce, transmit, download or use such Content, whether in whole or in part, for any purpose without ZiftrShop’s prior written consent.
- Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and ZiftrShop will be free to use such feedback, comments or suggestions without any obligation to you. By sending ZiftrShop any Feedback, you further (i) agree that ZiftrShop is under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that ZiftrShop may have something similar to the Feedback already under consideration or in development; (iii) grant ZiftrShop an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against ZiftrShop any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Account or the Services.
- ZiftrShop will not disclose any information provided to us or Your Content that is not publicly known (“Your Confidential Information”). Your Confidential Information does not include any information that: (a) is or becomes available to the public through no fault of ours; (b) we received from someone other than you without breach of our or their confidentiality obligations or (c) was public at the time we received it. We may disclose Your Confidential Information if we are legally compelled or required to and will, if possible under the circumstances, provide you advanced notice so that you may have an opportunity to seek a protective order or other remedy and will comply with any protective order or equivalent relating to Your Confidential Information.
- During the time that you use the Services, you may receive information relating to ZiftrShop or the Services that is not generally known to the public (“ZiftrShop Confidential Information”). You agree that: (a) you will not disclose ZiftrShop Confidential Information to any third party, except your affiliates, employees, subcontractors and agents who have a need to know and are subject to confidentiality obligations at least as protective as these Terms of Service; (b) you will not use ZiftrShop Confidential Information except as necessary to use the Services and (c) you will take all reasonable measures to protect the ZiftrShop Confidential Information against use by or disclosure to a third party.
Privacy and Data Protection
- If you (a) are organized under the laws of a country in the European Economic Area (“EEA”); (b) provide goods or services to customers in the EEA or (c) are otherwise subject to the requirements of the General Data Protection Regulation, ZiftrShop’s collection and use of the personal data of any European resident is also subject to our [Data Processing Addendum].
Third Party Service
- ZiftrShop may, in its sole discretion, choose to make certain third party software (“Third Party Services”) available through the Services or recommend or provide you access to such Third Party Services for your convenience. If you choose to use any Third Party Services, you acknowledge and agree that any such use is at your own risk and it is your responsibility to read and agree to the terms and conditions (including any privacy policies) applicable to such Third Party Services before using them and that your use of such Third Party Services is between you and the provider of such Third Party Services.
- You acknowledge that ZiftrShop has no control over such Third Party Services and shall have no liability for any such Third Party Services, even if ZiftrShop receives any revenue for making such Third Party Services accessible by you. ZiftrShop makes no warranties with respect to any Third Party Services. The availability or recommendation of a Third Party Service does not constitute an endorsement by or affiliation with ZiftrShop. ZiftrShop may remove access or availability of a Third Party Service at any time.
- If you purchase a Third Party Service for use with the Services, you authorize us to allow the applicable Third Party Service provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services and any such exchange or transmission of your data to the Third Party Service provider is subject to the terms and conditions agreed between you and the Third Party Service provider.
- You agree to defend, indemnify and hold harmless ZiftrShop and its officers, directors, employees and agents against any claim, demand, suit or proceeding made or brought against ZiftrShop by a third party arising out of or relating to your use of the Services or any Third Party Services (as described below) by you or any person accessing your Account.
- The ZiftrShop Site and Services are provided on an “as is” and “as available” basis and ZiftrShop makes no warranties or representations of any kind, whether express or implied, including warranties of merchantability, non-infringement or fitness for a particular purpose. ZiftrShop does not warrant that the Services or the ZiftrShop Site will be uninterrupted or error free. ZiftrShop does not make any representation regarding the benefit that may be obtained from use of the Services or the ZiftrShop Site, including any promises of earnings or commercial gain. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.
- In no event shall ZiftrShop be liable for any indirect, incidental, special or consequential damages, including loss of profits, data, goodwill or other intangible losses that result from the use of, or the inability to use, the Services even if you have advised ZiftrShop of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you. Under no circumstance shall ZiftrShop’s total liability to you for all damages (whether in contract, tort or any other legal theory) exceed the amount of $100.
Termination and Cancellation
- You may cancel your Account at any time through your Account management page or by contacting Customer Support at the https://www.ziftrshop.com/helpdesk.
- Upon termination of the Services for any reason: (a) ZiftrShop will cease providing you with the Services and you will no longer be able to access your Account; (b) any amounts owed to ZiftrShop for your use of the Services through the effective date of such termination will immediately become due and payable in full; and (c) your store will be removed from the ZiftrShop Site.
- If you purchased a domain name through ZiftrShop, upon termination your domain will no longer be automatically renewed at the end of the applicable term. Following termination and so long as your domain has not expired, you may transfer your site to another domain of your choice. You will be responsible for all fees associated with any transfer.
- All provisions of the Terms of Service which by their nature should survive termination shall survive, including without limitation, Sections 6, 7, 8, 10 and 11.
DMCA Notice and Takedown Procedure
- ZiftrShop takes seriously the protection of intellectual property and it is our policy to respond to all notices of alleged copyright infringement. If we receive a complaint that Your Content is believed to be infringing a third party’s intellectual property rights, we may remove or disable access to Your Content that is the subject of the complaint and provide you with a notice of takedown as described in our DMCA Notice and Takedown Procedure. You will have an opportunity to file a counter notice, as described in our DMCA Notice and Takedown Procedure.
- ZiftrShop will, in appropriate circumstances, suspend and/or terminate your Account if you are a repeat copyright infringer.
- Payment processing services formerchant on ZiftrShop are optionally provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a merchant on ZiftrShop, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ZiftrShop enabling payment processing services through Stripe, you agree to provide ZiftrShop accurate and complete information about you and your business, and you authorize ZiftrShop to share it and transaction information related to your use of the payment processing services provided by Stripe.
- These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Hampshire without giving effect to any conflict of laws principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New Hampshire with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of the Services.
- ZiftrShop’s decision not to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and shall not prejudice ZiftrShop in any way.
- These Terms of Service and any documents it incorporates by reference constitute the entire agreement between you and ZiftrShop governing your use of the Services, superseding any prior agreements between you and ZiftrShop (including any prior versions of the Terms of Service).
- ZiftrShop shall not be liable to you for any delay or failure in performance under these Terms of Service arising out of a cause beyond ZiftrShop’s control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
- You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
- These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZiftrShop without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms of Service bind and inure to the benefit of each party and the party’s successors and permitted assigns.
- ZiftrShop may deliver notices to you by emailing the email address you used to register for your Account. Notices to ZiftrShop from you shall be effective when ZiftrShop receives it by mail at AirTank, Inc. 45 Main St, Suite 316, Peterborough, NH 03458. All other questions can be sent via email to email@example.com.