Terms Of Service

See It, Buy It Shopify Merchant Terms of Service

Last modified July 27, 2016

Welcome to See It, Buy It! You are now reading See It, Buy It Inc. ("See It, Buy It")'s terms of service for its Shopify merchants ("Agreement"), meaning the legal contract between you or your business entity and See It, Buy It when you use See It, Buy It's site at https://seeitbuy.it ("Site"), the See It, Buy It mobile application for product discovery ("App"), all software integration between you and See It, Buy It for purposes of enabling purchasing facilitated by See It, Buy It (for example, "Buy on See It, Buy It") and all services, domains and content provided by See It, Buy It (collectively with Site and App, the "Services"). YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY SEE IT BUY IT. If you have any questions, please email us at  merchants@seeitbuy.it.

By using the Services, including but not limited to visiting or browsing the Site or displaying or selling products on See It, Buy It, you as the merchant ("you" or the "merchant") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services.

See It, Buy It reserves the right to change any of the terms and conditions contained in this or any policies governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for at least thirty (30) days. You are responsible for reviewing the Site frequently and reviewing the notice and any applicable changes. Changes to referenced policies may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING SEE IT BUY IT'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. See It, Buy It is a Marketplace

See It, Buy It acts as a marketplace to allow merchants who comply with See It, Buy It's policies to offer and sell certain goods. See It, Buy It facilitates transactions between buyers and merchants. As a result, See It, Buy It does not necessarily have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of merchants to sell items or the ability of buyers to pay for items. See It, Buy It cannot ensure that a buyer or merchant will actually complete a transaction.

Consequently, See It, Buy It does not transfer legal ownership of items from the merchant to the buyer.

See It, Buy It cannot guarantee the true identity, age, and nationality of a merchant or buyer. See It, Buy It encourages you to communicate directly with potential transaction partners through the tools available on the Site or App.

You agree that See It, Buy It is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or third parties. You use the Service at your own risk.

2. Membership Eligibility

Age: The Services are available only to, and may only be used by, individuals who are of the age of majority in their applicable state (either 18 or 21 years and older) or business entities who can form legally binding contracts under applicable law. You represent and warrant that, if applicable, you are of the appropriate age and that all registration information you submit is accurate and truthful. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. See It, Buy It may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of majority must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 21 years of age. In all cases, the parent or legal guardian is the merchant and is responsible for any and all activities and is the responsible party bound by the terms of this Agreement.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. As set forth further herein, you are responsible for all applicable taxes. In addition, you must abide by See It, Buy It's policies as stated in the Agreement and the published See It, Buy It website policies, as well as all other operating rules, policies and procedures that may be published from time to time on the Site or the App by See It, Buy It, each of which is incorporated herein by reference and each of which may be updated by See It, Buy It from time to time.

In addition, some Services offered through the Site or App may be subject to additional terms and conditions promulgated by See It, Buy It from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: If at any time See It, Buy It requires you to create a password to access any aspect of the services, keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify See It, Buy It of any unauthorized use of your password or any breach of security. You also agree that See It, Buy It cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than See It, Buy It without See It, Buy It's express written permission.

Account Information: You must keep your account information up to date and accurate at all times, including a valid email address. To sell items on See It, Buy It you must provide and maintain valid payment information in your Shopify account. In order to be paid for products sold in See It, Buy It, you must have a valid and active account with Shopify. You are responsible for setting up and maintaining this account. See It, Buy It is not responsible for late payments from Shopify caused by user error or technical problems with your Shopify account.

Account Transfer: You may not transfer or sell your See It, Buy It merchant account and username to another party.

Right to Refuse Service: SEE IT, BUY IT RESERVES THE RIGHT, AT SEE IT, BUY IT'S SOLE DISCRETION, TO CANCEL UNCONFIRMED OR INACTIVE ACCOUNTS. SEE IT, BUY IT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE, FOR ANY REASON, AT ANY TIME.

3. Fees and Billing

Joining and setting up a shop on See It, Buy It is free. See It, Buy It does not charge fees for listing an item for sale. For the Services, See It, Buy It will take a commission fee (the "Commission") when an item sells. The Commissions are listed on the Fee Structure page. The Commission as well as any other fees for the Services may vary in the future. You should check the Fee Structure page every time you use the Services. The Fee Structure is in effect on the date of sale of the item shall govern the transaction. If you do not agree to the current Commission, you should not use the Services. See It, Buy It may, at See It, Buy It's sole discretion, change some or all of See It, Buy It's Services at any time. In the event See It, Buy It introduces a new Service, the fees for that Service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, See It, Buy It may issue a credit for the applicable fees to a merchant's billing statement through Shopify.

You are responsible for paying all fees and applicable taxes associated with using the Services.

Price: Merchants are required to list prices, applicable taxes and shipping costs for the products they sell through the See It, Buy It Marketplace. See It, Buy It's Commission shall be based on the prices that merchant lists for their products. Shopify will pay the merchant 100% of the proceeds of each sale that takes place on See It, Buy It and then periodically (monthly, twice monthly, for example), Shopify will debit merchant’s Shopify account for all the See It, Buy It Commissions that are due.

See It, Buy It uses the Shopify Checkout API payment processing. When a customer enters an order on See It, Buy It, See It, Buy It delivers the order information, including customer credit card credentials to Shopify for transaction completion. See It, Buy It does not receive any transactional revenue directly from the order.

Shopify uses the merchant’s preferred payment gateway(s) to complete the transaction and then delivers back a "Success" or "Failure" notification for the transaction. If successful, the order is then delivered directly by Shopify to the merchant’s Shopify account for fulfillment. See It, Buy It never sees or stores the customer’s credit card information and accepts no liability for any consumer fraud associated with payment transactions.

See It, Buy It monitors all sellers for order quality. See It, Buy It may review your account and your reserve requirements may be raised, lowered or removed from time to time.

4. Listing and Selling

Listing Description: By listing an item on the Site or App you warrant that you and all aspects of the item comply with See It, Buy It's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your See It, Buy It shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate Product Type with appropriate Tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical.

Shop Policies: All merchants are urged to outline shop policies for their See It, Buy It shop. These policies may include, for example, shipping, returns, payment and selling policies. Merchants must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with See It, Buy It's site-wide policies. Merchants are responsible for enforcing their own reasonable shop policies. See It, Buy It reserves the right to request that a merchant modify a shop policy.

Binding Sale: All sales are binding. The merchant is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner and not to exceed the stated shipment period or, if not stated, 30 days from the date the order is placed, unless there is an exceptional circumstance, such as: (a) the merchant has a family emergency or (b) the merchant is out of town. In the case of such a circumstance, merchant should communicate with See It, Buy It in a reasonable and timely manner regarding the delay and provide an expected date for shipment. If the order is outside the estimated ship time with no proof of the order in transit, See It, Buy It reserves the right to cancel and refund an order to the customer.

Pricing: The prices stated in each item listing description must be the same as the list price available by the merchant on their own Shopify store. As part of the See It, Buy It Shopify app installation, the merchant is agreeing to allow See It, Buy It access to current store item pricing and sale pricing, so this should never be an issue.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Merchant may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Merchant may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding See It, Buy It transaction fees, misrepresent the item's location, or use another merchant's account without See It, Buy It’s prior permission.

Shipment of Orders: The merchant must prominently and clearly state the shipment period for their items, which should not exceed 30 days, unless given explicit approval by See It, Buy It. For each item you list on the Site, you will provide to us the state or country from which the item ships. At our request, you will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking and order status, and we may make any of this information publicly available. If you fail to provide such shipment information within the time frame specified by us (e.g., 30 days after the date an order was placed) OR if the order is outside the estimated ship time with no proof of the order in transit, we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us and refund the customer in full.

Reservation of Rights. See It, Buy It retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Agreement) that has been charged for an order that we stop or cancel.

5. Transactions (Payments)

The Transaction Service. All transactions are carried out and settled by Shopify and the merchant’s preferred payment gateway(s). See It, Buy It accepts no liability for any failed or fraudulent transactions.

6. Non-Disclosure of Confidential Information

Participating as See It, Buy It merchant or making use of the Services will expose you to certain confidential and proprietary information of See It, Buy It ("Confidential Information"). For example, as a user of See It, Buy It’s "Buy on See It, Buy It" service, you will learn the business methods See It, Buy It uses to carry out its program including pricing, fulfillment and marketing strategies. You will also correspond regularly with See It, Buy It regarding your use of the Services. YOU AGREE TO NOT DISCLOSE OR USE SEE IT, BUY IT’S CONFIDENTIAL INFORMATION EXCEPT AS NECESSARY TO CARRY OUT THE PURPOSE OF THIS AGREEMENT, AND YOU FURTHER AGREE TO NOT DISCLOSE OR MAKE PUBLIC ANY COMMUNICATIONS YOU MAY HAVE WITH SEE IT, BUY IT.

7. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to See It, Buy It and any and all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post and display on See It, Buy It.

Restricted Activities: Your Content and your use of See It, Buy It shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, See It, Buy It’s Merchant Policy, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including See It, Buy It staff or other merchants), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain pornography, nudity, or adult material
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Modify, adapt or hack See It, Buy It or modify another website so as to falsely imply that it is associated with See It, Buy It
  11. Appear to create liability for See It, Buy It or cause See It, Buy It to lose (in whole or in part) the services of See It, Buy It's ISPs or other suppliers
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, See It, Buy It’s Merchant Policy, or other policy documents as posted on See It, Buy It.
  13. Solicit business for, direct sales to, or promote any website, service, or entity outside of See It, Buy It

Furthermore, you may not list any item on See It, Buy It (or consummate any transaction that was initiated using the Service) that could cause See It, Buy It to violate any applicable law, statute, ordinance or regulation, or that violates See It, Buy It’s Terms of Service.

If See It, Buy It makes a request for requirements or information related to the Content or marketing of your products or any transaction of yours at any time, you shall provide the written proof of having obeyed the requirement or provide the requested information of See It, Buy It and related law in the time frame set forth in the request.

If See It, Buy It has reason to believe that you have used the Services in any manner that would cause See It, Buy It to violate any applicable law, statute, ordinance or regulation, or that violates the right of any merchant’s account, you shall be responsible for any related losses, refunds, costs, compensation and other fees. In additional, if you are involved in such restricted activities or in violation of this provision, you shall pay USD $500 as penalty per incidence.

Without limiting See It, Buy It’s remedies for any violation of any provision above (or any other provision in any other agreement between you and See It, Buy It), if See It, Buy It in its sole discretion determines that you violate any of the above provisions, See It, Buy It may, temporarily or permanently, suspend or cancel your Merchant Account.

8. Content

License: See It, Buy It does not claim ownership rights in your Content. You grant See It, Buy It a license solely to enable See It, Buy It to use any information or Content you supply See It, Buy It with, so that See It, Buy It is not violating any rights you might have in that Content. You grant See It, Buy It a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow See It, Buy It to store or re-format your Content on See It, Buy It and display your Content on See It, Buy It in any way as See It, Buy It chooses. See It, Buy It will only use personal information in accordance with See It, Buy It's Privacy Policy.

As part of a transaction, you may obtain personal information, including name, shipping information and email, from a See It, Buy It user. Without obtaining prior permission from the user, this personal information shall only be used for that transaction or for See It, Buy It-related communications. See It, Buy It has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any See It, Buy It user to your email or physical mail list or to share any user information with any third parties or otherwise disclose or make public any user information or email. For more information, see See It, Buy It's Privacy Policy.

Re-Posting Content: By posting Content on See It, Buy It, it is possible for an outside website or a third party to re-post that Content. You agree to hold See It, Buy It harmless for any dispute concerning this use.

9. Resolution of Disputes and Release

In the event a dispute arises between you and See It, Buy It or you are required to notify See It, Buy It of a dispute, please contact See It, Buy It in a timely and reasonable manner at the following email:  merchants@seeitbuy.it.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release See It, Buy It (and See It, Buy It's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. See It, Buy It encourages merchants to report merchant-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

See It, Buy It, for the benefit of merchants, may try to help merchants resolve disputes. See It, Buy It does so in See It, Buy It's sole discretion, and See It, Buy It has no obligation to resolve disputes between merchants and users or between merchants and outside parties. To the extent that See It, Buy It attempts to resolve a dispute, See It, Buy It will do so in good faith based solely on See It, Buy It's policies. See It, Buy It will not make judgments regarding legal issues or claims.

See It, Buy It will comply with all judgments or court orders regarding merchant and user disputes.

10. See It, Buy It's Intellectual Property

See It, Buy It, and all other See It, Buy It graphics, logos, designs, page headers, button icons, scripts, web pages, and service names are registered trademarks, trade dress or copyright of See It, Buy It, Inc., in the U.S. and/or other countries. See It, Buy It's copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service without See It, Buy It’s prior written approval.

11. Access and Interference

Much of the information on See It, Buy It is updated on a real-time basis and is proprietary or is licensed to See It, Buy It by See It, Buy It's merchants or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access See It, Buy It for any purpose whatsoever, except to the extent expressly permitted by and in compliance with See It, Buy It's API Terms of Use or otherwise without See It, Buy It's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in See It, Buy It's sole discretion, an unreasonable or disproportionately large load on See It, Buy It's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any other merchant Content (except for your Content) from the Site or App without the prior express written permission of See It, Buy It and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or App

12. Breach

Without limiting any other remedies, See It, Buy It may, without notice, and without refunding any fees, delay or immediately remove Content, warn See It, Buy It's community of a merchant's actions, issue a warning to a merchant, temporarily suspend a merchant, temporarily or indefinitely suspend a merchant's account privileges, terminate a merchant's account, prohibit access to the Services, and take technical and legal steps to keep a merchant off the Services and refuse to provide services to a merchant if See It, Buy It, in its sole discretion, has reason to believe that any of the following apply:

A merchant has breached this Agreement, the Privacy Policy, the Merchant Policy, or other policy documents and community guidelines incorporated herein; See It, Buy It is unable to verify or authenticate any of your personal information or Content; or See It, Buy It believes that a merchant is acting inconsistently with the letter or spirit of See It, Buy It's policies, has engaged in improper or fraudulent activity in connection with See It, Buy It or the actions may cause legal liability or financial loss to See It, Buy It's merchants or to See It, Buy It.

13. Privacy

Except as provided in See It, Buy It's Privacy Policy, See It, Buy It will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. See It, Buy It stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

SEE IT BUY IT, SEE IT BUY IT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SEE IT BUY IT'S SUPPLIERS PROVIDE SEE IT BUY IT'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SEE IT BUY IT, SEE IT BUY IT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SEE IT BUY IT'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SEE IT BUY IT SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Limitation of Liability

IN NO EVENT SHALL SEE IT BUY IT, AND (AS APPLICABLE) SEE IT BUY IT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SEE IT BUY IT'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE APP, SEE IT BUY IT'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

SEE IT BUY IT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SEE IT BUY IT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SEE IT BUY IT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SEE IT BUY IT AND (AS APPLICABLE) SEE IT BUY IT'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY INFRINGEMENT.

17. Termination

Either party may terminate this Agreement for any reason without advanced notice. In order for merchant to terminate this Agreement, merchant must uninstall the See It, Buy It Shopify application. Upon termination, the parties agree to use reasonable efforts to reconcile any amounts due either party under this Agreement, and make any final payments due under this Agreement within 30 days of termination. See It, Buy It may, in its reasonable discretion, suspend merchant’s use of the Services at any time, if in See It, Buy It believes in its reasonable judgment, that such suspension is necessary to protect See It, Buy It’s business and/or customer relations.

18. No Guarantee

See It, Buy It does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside See It, Buy It's control. Exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

See It, Buy It does not in any way guarantee any sales, results or merchant’s success by using See It, Buy It’s Services.

19. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site or App (excluding any taxes on See It, Buy It's net income).

20. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

21. No Agency

You and See It, Buy It are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

22. See It, Buy It Services

See It, Buy It reserves the right to modify or terminate the Services for any reason, without notice, and at any time. You understand that See It, Buy It may block, suspend or terminate your access to the Services, and you therefore are not relying on See It, Buy It in any respect to maintain your access to the Services regardless of how much time, money and resources you expend related to your use of the Services. See It, Buy It reserves the right to alter this Agreement or other Site or App policies at any time, so please review the policies frequently. If See It, Buy It makes a material change See It, Buy It will notify you here, by email, by means of a notice on our homepage, or other places See It, Buy It deems appropriate.

23. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and the United States of America.

24. Survival

Sections 3 (Fees and Billing), 6 (Non-Disclosure of Confidential Information), 8 (Content), 9 (Resolution of Dispute and Release), 10 (See It, Buy It's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (Termination), 18 (No Guaranty), 20 (Severability), 21 (No Agency), 23 (Choice of Law) shall survive any termination or expiration of this Agreement.

25. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to See It, Buy It at 111501 Dublin Blvd, Suite 200, Dublin, CA 94568 (in the case of See It, Buy It) or, in your case, to the email address you provide to See It, Buy It (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, See It, Buy It may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to See It, Buy It in your Merchant Account. In such case, notice shall be deemed given three days after the date of mailing.

26. Disclosures

The Services hereunder are offered by See It, Buy It, Inc., located at 11501 Dublin Blvd, Suite 200, Dublin, CA 94568.

27. Contact

All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by us. We will send notices to Merchant at the e-mail address maintained in our records for Merchant. Merchant will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Merchant will send notices to us using  merchants@seeitbuy.it.

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