By signing up for a Media Market Account or by using any Media Market Services , you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Media Market” means the applicable Media Market Contracting Party.
To access and use the Services, you must register for a MEDIA MARKET account (“My account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. MEDIA MARKET may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by MEDIA MARKET for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that MEDIA MARKET will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You must monitor the primary Account email address you provide to MEDIA MARKET and your primary Account email address must be capable of both sending and receiving messages. Your email communications with MEDIA MARKET can only be authenticated if they come from your primary Account email address.
You are responsible for keeping your password secure. MEDIA MARKET cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of your MEDIA MARKET Store.
You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your MEDIA MARKET Store.
MEDIA MARKET is not a marketplace. Any contract of sale through your MEDIA MARKET Store is directly between you and the buyer.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (‘Materials’).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of MEDIA MARKET may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the MEDIA MARKET Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
The person signing up for the Service by opening an Account will be the contracting party (‘Store Owner’) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your MEDIA MARKET Store can only be associated with one Store Owner. A Store Owner may have multiple MEDIA MARKET Stores. “Store” means the online store or physical retail location(s) associated with the Account.
Based on your MEDIA MARKET pricing plan, you can create one or more staff accounts (‘Staff Accounts’) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a “MEDIA MARKET User”.
PayPal Express Checkout Accounts
Upon completion of sign up for the Service, MEDIA MARKET will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, MEDIA MARKET may also create a MEDIA MARKET Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or MEDIA MARKET Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service,
Upon completion of sign up for the Service, if you have been enrolled in MEDIA MARKET Stripe Payments,MEDIA MARKET will also create a Stirpe Payment account on your behalf. If you do not wish to keep your Stripe Payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Stripe Payment is a Third Party Service.
If you use a Stripe Payment supported payment gateway and your customers have enabled Stripe Payment, customers may purchase goods and services from your Store using Stripe Payment.
By using Stripe Payment on your Store, you are agreeing to be bound by the Stripe Payment API Terms of Service, as they may be amended by Stripe from time to time. If Stripe amends the Stripe Payment API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Stripe Payment API Terms of Service are effective as of the date of posting. Your continued use of Stripe Payment on your Store after the amended Stripe Payment API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Stripe Payment API Terms of Service. If you do not agree to any changes to the Stripe Payment API Terms of Service, de-activate your Stripe Payment account and do not continue to use Stripe Payment on your Store.
Upon completion of sign up for the Service, if you have been enrolled in MEDIA MARKET Payoneer Payments, MEDIA MARKET will also create a Payoneer Pay account on your behalf. If you do not wish to keep your Payoneer Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Payoneer Pay is a Third Party Service.
If you use a Payoneer Pay supported payment gateway and your customers have enabled Payoneer Pay, customers may purchase goods and services from your Store using Payoneer Pay.
By using Payoneer Pay on your Store, you are agreeing to be bound by the Payoneer payment Merchant Terms and Conditions, as they may be amended by Payoneer from time to time. If Payoneer payment amends the Payoneer payment Merchant Terms and Conditions, such amendments will be effective as of the date of posting by Payoneer payment. Your continued use of Payoneer payment on your Store after the amended Payoneer payment Merchant Terms and Conditions are posted constitutes your agreement to, and acceptance of, the amended Payoneer payment Merchant Terms and Conditions. If you do not agree to any changes to the Payoneer payment Merchant Terms and Conditions, de-activate your Payoneer payment account and do not continue to use Payoneer payment on your Store.
Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.
Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
Your Personal Information
Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
[Wyoming] and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Questions or Concerns
Please send all questions, comments and feedback to us at [firstname.lastname@example.org].