Terms and conditions
You must be 18 years or older to use this Service. You must 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. ShopsNative 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 ShopsNative 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 the Spain. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your ShopsNative account. 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 ShopsNative will result in an immediate termination of your services.
We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve 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. ShopsNative does not warrant that the service will be uninterrupted, timely, secure, or error-free. ShopsNative 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. We 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. ShopsNative 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 ShopsNative 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 ShopsNative 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). Technical support is only provided via email, unless a plan including phone support is selected. 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 ShopsNative. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ShopsNative customer, ShopsNative employee, member, or officer will result in immediate account termination. We do not claim any intellectual property rights over the material you provide to the ShopsNative service. All material you submit remains yours. You agree that ShopsNative can, at any time, review all the content submitted by you to its Service. The failure of ShopsNative 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 ShopsNative and govern your use of the Service, superseding any prior agreements between you and ShopsNative (including, but not limited to, any prior versions of the Terms of Service). You retain ownership over all content that you submit to a ShopsNative app however, by making your store public, you agree to allow others to view your content. ShopsNative does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. Your ShopsNative app will be available on the Apple App Store as soon as Apple accepts the app submission. Because each app is reveiwed individualy, in some cases your app might take longer than 7 days to become available on the Apple App Store. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Cancellation and Termination
You may cancel your account at anytime by emailing email@example.com. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. We reserve the right to modify or terminate the ShopsNative service for any reason, without notice at any time. Fraud: Without limiting any other remedies, ShopsNative 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 ShopsNative are subject to change upon 14 days notice from ShopsNative. Such notice may be provided at any time by posting the changes to the ShopsNative Site or the configuration page of your ShopsNative app via an announcement. ShopsNative reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. ShopsNative shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Publicity and Branding
You agree that ShopsNative may (a) publicize Your name, the fact of the Site and Your use of the Service; and (b) brand the Site with a “Powered by ShopsNative” or similar legend and/or copyright notice.
You agree to defend, indemnify and hold harmless ShopsNative 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 Site; (b) the use by any third party of the 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 ShopsNative 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 ShopsNative has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of ShopsNative, 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 ShopsNative for the Service in the six (6) months immediately preceding the claim.
These Terms represent the complete agreement concerning the Service between You and ShopsNative 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 Spain and Catalonia, excluding choice of law principles. All proceedings shall be conducted in English or Spanish. You agree that venue for all proceedings shall be Barcelona Jury, provided that venue shall also be proper in any court of competent jurisdiction where ShopsNative 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 ShopsNative, 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.