Shopideo - Terms of Service

Preamble

Shopideo helps you, the user, to add videos at your Shopify Store as often as you need in the simplest way as possible.

It even checks the health of your videos periodically for problems and allows you to set whatever thumb fits better to your site.

Art.1 - General Terms

This Application is operated by Shopify and developed by Menelabs. Menelabs offers this application, including all information, tools and services available in the Shopify Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The user cannot use the Application unless he/she has a legally binding contract with Shopify.

The present Terms of Service explains how Shopideo works and the relation with Shopify, YouTube and Vimeo. Please read this accordance to theYouTube,Vimeo, Shopify API License and Terms of Use , the Partner Program Agreement ,Shopify Privacy Policy and the Shopify Terms of Service.

The user implies his / her unconditional agreement to the following terms of use that apply to all content, pages, graphics, images, photographs and files included the Application. By using our application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use the application. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Consequently, the user must read these terms carefully before using the app and if they do not agree.

Shopideo helps you, the user, to add videos at your Shopify Store as often as you need in the simplest way as possible. We do not guarantee, represent or warrant that your use of our application will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The Application does not always have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Service, the Platform or other aspects. The user agrees that from time to time Shopify, YouTube, Vimeo or we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. Please review this Article in accordance with Article 8.

The user agrees that will use the Application in accordance with Shopify’s Policy, Youtube’s Policy and Vimeo’s Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in the user’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported, and with any other applicable policy or terms and conditions.

Art.2 - Intellectual Property

All rights, including copyright of this application are owned by Menelabs. We have an exclusive partnership agreement with Shopify that is descripted in detail in the Shopify API License and Terms of Use , the Partner Program Agreement ,Shopify Privacy Policy and theShopify Terms of Service. Intellectual property can be indicative and not restrictive considered to be the design of the application, the way the services are presented, the content of the application, including the logo, images, photos, graphics, etc. plans, texts and services provided and are protected.

The logos, trademarks, trademarks and attributes of the Application are property of Menelabs and / or the individuals who act the relevant rights to the Application, and are protected by the applicable industrial and intellectual property laws.

Therefore, any unauthorized actions related to the use of Menelab’s, YouTube’s, Vimeo’s or Shopify’s material are prohibited. All of the above can only be used with the permission of Menelabs, YouTube, Vimeo or Shopify. In addition, the user undertakes that will not use the name or content of Menelabs, in a way that would offend any user by any method. It is prohibited to modify, distribute, or reuse this application and any of the intellectual property for any purpose.

Art.3 - Ownership of the Application

Shopideo is a Shopify App described as a “Shopify Related Entitiy” . No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created with the user by these Terms or any Agreement. Shopify and the Application grant you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Application solely as necessary for your Shopify E-shop or Service.

This Αpplication is owned by Menelabs, but we have an exclusive partnership agreement with Shopify that is descripted in detail in the Shopify API License and Terms of Use , the Partner Program Agreement ,Shopify Privacy Policy and theShopify Terms of Service. The user is contracted with Shopify.

Shopify and the Application may retain and use information collected regarding your usage of the Application and the Services you give access to, in accordance to the terms of their privacy policy.

The use of any content controlled, owned or operated by Shopify is governed by the Terms and conditions of use and Privacy policies of Shopify. Menelabs expressly disclaims any liability or errors arising in connection with your use and/or viewing of the Application or other material associated with the Shopify Platform. As part of the functionality of the Shopify Platform, Menelabs doesn’t guarantee the uninterrupted and right use of the Application.

The Application, the Shopify API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of Shopify or otherwise related with the Application, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Shopify Property”) will be and remain the sole and exclusive property of Shopify.

Art.4 – Copyright or Content Violations

Reproducing, copying, storing, exporting, selling, broadcating, distributing, (re)publishing, executing, downloading, translating, modifying in any way, part or all of the content of the Application, the source code and the Shopify Platform and the services offered to the user is expressly prohibited this, without the owner’s permission. Also it is therefore prohibited to sell, copy, modify, reproduce, republish or otherwise "upload", transmit or distribute in any way whatsoever.

Any products, application or services listed on the Shopify Platform, YouTube, Vimeo or Menelabs bear the marks of their respective organizations, companies, affiliates, associations or publications and are intellectual and industrial property of the responsible parties.

As Shopify, YouTube, Vimeo and Menelabs ask others to respect their intellectual property rights, they respect the intellectual property rights of others.

Art.5 - Retain Right to not Serve

Not enforcing any provisions of the present Terms and Conditions will not be considered as a waiver of any provision or right. These Terms and Conditions constitute and describe the relationship between the user and the Application. The Application is a Shopify Application, and Menelabs are under an exclusive agreement, considering the Application as “Shopify’s Property”. The user should review Shopify’s regarding the usage of the application. If any provision of the present Terms or any other Agreements that is found to be invalid or unenforceable will be considered as the real intent of the parties regarding Menelabs. Regarding Shopify, please regard Shopify’s . The remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.

The Application reserves the right to not tolerate or delete or refuse to serve any action or content that infringes the rights of use, trademarks, trademarks or any other intellectual property rights (natural or legal) of persons as well as material that violates personal data.

Any user who uses the application declares and agrees :

A) He/she will not use the application to submit and publish harmful content, or content that include or infringes the trademarks, logos or copyrighted material of any natural or legal person.

B) He/she exempts the Application or the Shopify Platform agreements and relations and any costs of royalties, fees and any other indebtedness to any natural or legal person by using the Application.

C) Users are solely responsible for usage or practice they use through the Application in any way. In no event may Menelabs or its affiliates and affiliated companies, its employees, directors, shareholders or representatives be held liable for any damage or loss of any kind (eg direct, indirect, incidental, incidental, civil or criminal) resulting from the actions of users of the Application. The Application does not store data, so any data or content lost cannot be retrieved by the Application.

Menelabs and the Application are not responsible if any action of the Application is not accurate, complete or current. The Application is presented “as is” and it should not be the sole basis to manage the user’s business or personal data without back up(s) data or safety. The Application or Menelabs are not responsible for any loss, damage or destruction of the user’s personal or business data. Any reliance on the Application on this site is at your own risk. To the fullest extent permitted by applicable law, Menelabs and the Application hereby exclude all promises, whether express or implied, including any promises that the Application is fit for purpose, of satisfactory quality, non-infringing, free of defects, is able to operate on an uninterrupted basis, that the use of the Application will be successfully, accurately or securely transmitted.

Art.5A - Omission & Error

Menelabs and the Application are not responsible if any action of the Application is not accurate, complete or current. The Application is presented “as is” and it should not be the sole basis to manage the user’s business or personal data without back up(s) data or safety. The Application or Menelabs are not responsible for any loss, damage or destruction of the user’s personal or business data. Any reliance on the Application on Service or Eshop is at your own risk and we recommend you to check for possible errors.

The Application settings may be lost, corrupted or deregulated, and sometimes the Application may not work properly and affect the data on your Service. We don’t guarantee that the results of the Application will be omission-free, so we recommend the user to check the results for errors.

The Application for any reason can be interrupted, so we recommend you should check the correctness of the number of the products that are presented in the virtual warehouse.

Art.6 - Prohibited Activities

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Application or the Shopify Platform or any related website, other websites, or the Internet.

Menelabs reserve the right to terminate your use of the Application or any related website for violating any of the prohibited uses.

Art.7 - Who Can Use our Application

To use our Application, the user should be the owner of the Merchant’s Store or Legal Representative of the owner. Shopideo tries to certify that the person making the changes is the owner or a legal representative of the owner.

The user agrees to defend, indemnify and hold harmless Shopify, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Application, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Shopify may assign its rights under these Terms and Conditions and under the Shopify API License and Terms of Use , the Partner Program Agreement ,Shopify Privacy Policy and theShopify Terms of Service without condition. By using this application users are agreeing to be bound by the YouTube andVimeo Terms of Service. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Art.8 - Warranty/Limitation of Liability

We do not guarantee, represent or warrant that your use of the Application will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Application will be accurate or reliable.

You agree that from time to time Shopify or we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the application is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Menelabs, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the application or any products procured by using the application, or for any other claim related in any way to your use of the application or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by the law that is favorable Menelabs or the Greek Law.

Occasionally there may be results from our Application that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Art.9 – Governing Law & Competent Courts

To expedite resolution and reduce the cost of any dispute, controversy or claim related to use of the Application the user agrees to first attempt to negotiate any dispute informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.

If the user and the Application unable to resolve a Dispute through informal negotiations, all claims arising from use of the Application (except those Disputes that is a responsibility of Shopify in accordance with the Terms and the Agreements stated in Art.1,2,3,4,5 and 5A) finally and exclusively resolved by binding arbitration.

The competent Courts for any dispute arising out of the present Terms, including disputes concerning the validity, interpretation or enforcement thereof shall be the courts of Corfu, Greece.

Art.10 – Modifications & Changes of the Terms

We reserve the right of the alteration of the terms of the present, which are all considered essential. We reserve the right to review, improve, modify or discontinue, temporarily or permanently, the Application or any content or information through the Application or the Shopify Application at any time, effective with or without prior notice and without any liability to Menelabs.

Shopify may notify the user of these changes by email, but will not be liable for any failure to do so. If any future changes to the Terms of Service are unacceptable to you or cause you to no longer be in compliance with the Terms of Service, you must terminate, and immediately stop using, the Application.

The user’s continued use of the Application following any revision to the Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.