These Terms of Service (the “Terms”) govern the use of Shop Hacker’s services (the “Services”), which includes its software, mobile app, website, and information, data, text, images, videos, audio, files, Digital Products (defined below), and other materials uploaded to or downloaded from, stored on, obtained via, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
As part of the Services, Shop Hacker provides (i) an extensive online platform connecting vendors of digital products with merchants looking to sell those products through their own ecommerce stores (such vendors, the “Vendors”; such merchants, the “Merchants”; and such digital products, the “Digital Products”); and (ii) innovative tools and technologies to facilitate the related transactions. But, as a technology platform only, Shop Hacker is not a party to the underlying transactions between the Vendors and the Merchants. As such, Shop Hacker is not responsible for the Digital Products, the underlying transactions, or any actions or omissions of the Vendors, the Merchants, other user, or third party.
You are solely responsible for your use of the Services and the Content. You must use the Services and the Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
You must create a user account to access certain Services features (e.g., to become a Vendor or a Merchant). All information you provide as part of this process must be complete and accurate. You are responsible for the actions taken by your account and for safeguarding your username and password. Shop Hacker encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Shop Hacker is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Shop Hacker and modify your login information. Shop Hacker reserves the right to remove or reclaim usernames for any reason.
You are allowed to use the Services as long as you follow the basic rules described in these Terms. If Shop Hacker determines that you have violated any of the rules below or elsewhere in these Terms, Shop Hacker has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (i) distribute, license, or sell the Services, any component of the Services, such as computer code, or any Content not owned by you (unless the Content is expressly licensed to you for such purpose); (ii) reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services; (iii) attempt to gain unauthorized access to the Services, the Content, or the computers, servers, and networks connected to the Services; (iv) probe, scan, or test the vulnerability of any system or network related to the Services or breach or circumvent Shop Hacker’s security measures; (v) access or search, or attempt to access or search, the Services or the Content by any means (automated or otherwise) other than through currently available, published interfaces; (vi) interfere with or disrupt the Services or servers or networks connected to the Services (including by transmitting worms, viruses, spyware, malware, or disruptive code); (vii) use the Services or the Content to spam, phish, pharm, pretext, spider, crawl, or scrape; (viii) use the Services or the Content for any illegal or unauthorized purpose; (ix) use the Services or the Content, or cause the Services or the Content, to infringe upon or violate any intellectual property or proprietary rights; (x) use the Services to harass, defame, slander, or intimidate; (xi) advertise, solicit, or transmit advertisements via the Services without Shop Hacker’s prior approval; or (xii) engage in any act that Shop Hacker deems to be in conflict with the spirit or intent of the Services or these Terms.
Merchants set the price of any Digital Product or bundle of Digital Products sold or licensed via their ecommerce stores. However, if you are a Merchant, you agree to pay, through the Services, the “merchant wholesale price” for each Digital Product or bundle of Digital Products sold or licensed via your ecommerce store. The “merchant wholesale price” is based on the price set by the Vendor, plus Shop Hacker’s transaction fee, and the exact method for calculating the price is described on the Pricing Information Page, which is located here. You agree that such payment is the exclusive payment you will make with respect to the Digital Product and you will not make any related payments outside of the Services to any other party, including to the Vendor. Shop Hacker has the right to change, at any time and from time to time, its transaction fee and how the “merchant wholesale price” is calculated, but the current information can always be found on the Pricing Information Page. You acknowledge that Shop Hacker will subtract its transaction fee from such payments before distributing the remainder to the Vendor.
Shortly after the end of each calendar month, Shop Hacker will provide you with an electronic invoice detailing the amount you owe for that month. By creating an account as a Merchant, you are expressly authorizing Shop Hacker (and, if applicable, its selected third-party payment processor) to charge, within 7 days from when the invoice is submitted to you, the payment method you selected during the enrollment process for the amount stated in the corresponding invoice. Shop Hacker and its third-party payment processor do not need additional authorization from you for each such charge. Shop Hacker has the right to require or authorize you to pay via another payment method (e.g., ACH, mailed check). In such circumstances, you agree to pay the invoice within 7 days from when it is submitted.
You are responsible for: (i) collecting and paying any taxes arising from the sale or license of any Digital Products or bundles of Digital Products sold or licensed via your website or ecommerce store; (ii) obtaining a resellers license, if required; and (iii) otherwise complying with applicable tax laws. You hereby indemnify Shop Hacker from any claims by any tax authority related to the foregoing.
If you are a Vendor, you hereby grant Shop Hacker a non-exclusive license to market, bundle, and otherwise use any Digital Product provided by you for the purpose of providing the Services. This includes the right to bundle your Digital Products with Digital Products provided by another Vendor and to share any Content that you provide through the Services for marketing purposes. While you are given the opportunity to provide copy, images, and other Content related to your Digital Products (e.g., promotional videos, product images, bio information), Shop Hacker has the right, but not the obligation, to touch up, alter, redo, remove, and otherwise use such Content for any reason related to the Services and to remove your Digital Products from the Services for any reason, in Shop Hacker’s discretion. The license in this Section 4 is in addition to the license described in Section 5(c) that applies to Content generally. You have the right to remove Digital Products provided by you from the Services at any time and for any reason. Your removal will terminate the foregoing license 60 days from the date of the removal. Shop Hacker is not a party to any license between a Vendor and a Merchant or a third party with respect to such Digital Product and Shop Hacker disclaims any liability under such licenses.
In addition, Shop Hacker has the right, but not the obligation, to review each Digital Product provided by a Vendor to ensure its quality and brand consistency and to deliver, market, promote, and demonstrate the Services. To that end, you are required to provide Shop Hacker with 10 access codes (or other means of accessing the Digital Product that is acceptable to Shop Hacker) for each such Digital Product. Shop Hacker will only use these access codes as described in this paragraph.
You are responsible for all taxes arising from the sale or license of any of your Digital Products via the Services and otherwise complying with applicable tax laws. You hereby indemnify Shop Hacker from any claims by any tax authority related to the foregoing.
In order to minimize the hassle related to the sale or license of Digital Products, Merchants are required to offer a 7-day, “no questions asked” return policy on all Digital Products sold or licensed through their ecommerce stores. At the end of that 7-day return period, all transactions are final. In the event a Merchant’s customer initiates a return for any reason during the 7-day period, the return process works as follows:
Users may submit Content through and onto the Services. User Content includes, but is not limited to, Digital Products. All Content is the sole responsibility of the person or entity that originated that Content. Shop Hacker does not take responsibility for user-provided Content, nor does it guarantee its accuracy.
By submitting Content, you represent that your Content and its submission: (i) does not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (ii) does not contain viruses, adware, spyware, worms, or other malicious code. You also represent that you have all the rights, power, and authority necessary to grant the rights granted in the Terms regarding Content originating with you. You agree to accept full liability for all Content submitted by you or on your behalf.
You retain your rights in Content that you submit to the Services. But you grant Shop Hacker a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) solely for the following purposes: (i) to provide the Services; and (ii) to improve the Services. Notwithstanding anything herein, any feedback, comments, or suggestions you provide to Shop Hacker through the Services are entirely voluntary and Shop Hacker is free to use them as it sees fit and without any obligation or compensation to you.
Your use of, or reliance on, any Content, whether user-provided or not, is at your own risk. Shop Hacker does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. Shop Hacker is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.
Shop Hacker has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.
All right, title, and interest in and to the Services and the Content (excluding user-provided Content) are Shop Hacker’s exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 10.
Shop Hacker gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use any software, patented or proprietary protocol, or other intellectual property that Shop Hacker provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Shop Hacker in the manner permitted by these Terms. You agree not to use the Services or related intellectual property for any other purpose.
The trademarks, service marks, logos, and other distinctive brand features used as part of or displayed through the Services (the “Trademarks”) are registered or unregistered trademarks of Shop Hacker or third parties. You may not use any of these Trademarks without the prior, written approval from the trademark owner. Nothing related to the Services grants, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean Shop Hacker has the authority to grant any right or license on behalf of any third-party trademark owner.
Much of the Content throughout the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to Shop Hacker or used consistent with the owner’s permission or applicable law or regulation. Shop Hacker retains all rights it may hold, including copyright, in its Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, Shop Hacker. Shop Hacker expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.
All rights not expressly granted by Shop Hacker herein are specifically reserved. Nothing on the Services or in these Terms grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that Shop Hacker has the authority to grant any right or license on behalf of any third party.
Shop Hacker reserves the right to remove Content alleged to be infringing without prior notice, at its discretion, and without liability to you. Shop Hacker will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. Shop Hacker’s designated copyright agent for notice of alleged copyright infringement is:
Copyright AgentShop Hacker LLC13488 Maxella Ave. Unit #323Marina Dely Rey, CA firstname.lastname@example.org
These Terms apply until you or Shop Hacker terminate this agreement. You may end this legal agreement with Shop Hacker by discontinuing your use of the Services and by deactivating your account, if applicable. You do not need to specifically inform Shop Hacker when you stop using the Services. Shop Hacker may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. This section doesn’t affect Shop Hacker’s rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 6 (User-Provided Content), 7 (All Content), 8 (Shop Hacker’s Rights), 10 (Intellectual Property), 11 (Privacy), 13 (Non-Circumvention), 14 (Disclaimers and Limitations of Liability), and 15 (Miscellaneous).
During the term of these Terms and for a period of 12 months after that:
If you are a Merchant, you shall not (on your own behalf or on behalf of a third party): (i) contract or negotiate with, receive direct payment from, make any deal with, or otherwise become involved in a transaction with any Vendor (or Vendor affiliate) for the sale, license, or distribution of Digital Products or products similar to Digital Products, except through the Services; or (ii) seek to bypass, avoid, or circumvent Shop Hacker from a business opportunity with a Vendor (or Vendor affiliate) that relates to the Services or the sale, license, or distribution of the Digital Products or products similar to the Digital Products.
If you are a Vendor, you shall not (on your own behalf or on behalf of a third party): (i) contract or negotiate with, receive direct payment from, make any deal with, or otherwise become involved in a transaction with any Merchant (or Merchant affiliate) for the sale, license, or distribution of Digital Products or products similar to Digital Products, except through the Services; or (ii) seek to bypass, avoid, or circumvent Shop Hacker from a business opportunity with a Merchant (or Merchant affiliate) that relates to the Services or the sale, license, or distribution of the Digital Products or products similar to the Digital Products.
Please read this section carefully since it limits the liability of Shop Hacker and its parents, subsidiaries, affiliates, related companies, managers, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Shop Hacker Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
Your use of the Services and the Content is at your own risk. You agree that the Services (including its related services and features) are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SHOP HACKER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The Shop Hacker Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Content, whether user-supplied or not; (ii) the conduct, whether online or offline, of any user; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (iv) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Shop Hacker Entities; and (v) whether the Services will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Shop Hacker Entities or through the Services will create any warranty not expressly made herein.
The Services may contain links to third-party websites and resources. The Shop Hacker Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Shop Hacker Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SHOP HACKER ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE SERVICES; (II) THE CONTENT; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (IV) ANY ERRORS OR OMISSIONS IN THE SERVICES OR THE CONTENT; (V) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY THROUGH THE SERVICES; OR (VI) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY CONTENT PROVIDED BY YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHOP HACKER ENTITIES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID SHOP HACKER IF ANY.
THE LIMITATIONS OF THIS SUBSECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE SHOP HACKER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF SHOP HACKER'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SHOP HACKER ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SHOP HACKER ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby indemnify the Shop Hacker Entities from any demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, relating to any third-party claim, suit, action, or proceeding related to or arising out of (i) your use or misuse of the Services, the Content, or any information or materials that you obtain from the foregoing; (ii) any Content provided or submitted by you; (iii) any breach by you of these Terms; and (iv) any misrepresentation made by you in connection with this agreement. Shop Hacker reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
The Services (including related services and features) are always evolving and may change from time to time without notice. Shop Hacker may stop (permanently or temporarily) providing the Services (or any Services feature) to you or to users generally and may not be able to provide you with notice. Further, Shop Hacker may modify the Services (or any Services feature) at its discretion. New Services features will also be subject to these Terms.
Shop Hacker’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in effect.
Shop Hacker may revise these Terms from time to time. The most current version will always be located here. If the revision, in Shop Hacker’s discretion, is material Shop Hacker will notify you via email to the email address associated with your account or by posting notice to the website. In consideration for using the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Terms and any related actions are governed by California law, without regard to or application of California’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE CONTENT BETWEEN SHOP HACKER AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN LOS ANGELES, CALIFORNIA. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Shop Hacker are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:
(i) Either you or Shop Hacker may assert claims, if they qualify, in small claims court in Los Angeles, California without first engaging in arbitration.
(ii) Shop Hacker may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration.
(iii) Shop Hacker may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
(iv) If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of those courts.
The Services is not intended to be distributed or used by any person or entity in any jurisdiction or country where the distribution or use would be illegal. Shop Hacker reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its discretion.
Software and Content related to the Services may be subject to United States export controls. No software or Content from the Services may be downloaded or exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or Content related to the Services, you represent that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The Terms here are the entire and exclusive agreement between Shop Hacker and you regarding the Services and Content (excluding any separate agreement with Shop Hacker that is in addition to these Terms), and these Terms supersede and replace any prior agreements between Shop Hacker and you regarding the Services and Content.
You may use the Services only if you can form a binding contract with Shop Hacker. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
If you are accessing or using the Services on behalf of a company, you represent that you have authority to bind that company to this agreement, and in such case, “you” and “your” refer to that company throughout this agreement.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words "include" and "including," and variations, are considered to be followed by the words "without limitation."
The Services are operated and provided by:
Shop Hacker LLC
13488 Maxella Ave. Unit #323
Marina Dely Rey, CA 90292