Terms of Service

[Manager-Erin]

Last Version Posted: December 14, 2020

These are the Terms of Service for the ShipStation Community (“Community”). The Community is owned and operated by Auctane LLC d/b/a ShipStation and its affiliates (collectively, “ShipStation”, “we”, “us” or “our”). By using the Community, you agree to these Community Terms of Service, our Community Guidelines and our Privacy Policy (collectively, “Terms”). The Terms constitute a legally binding agreement between you and ShipStation. Use of the Community indicates your acceptance of the Terms. If you do not accept the Terms, do not use the Community.

Purpose

The Community is a peer-to-peer communication channel for ShipStation users. The purpose of the Community is to allow users to share information about ShipStation products and services, including best practices and tips, so all users can benefit from this collective knowledge and experience.

The Community is designed for participation by ShipStation merchants, partners, employees, and other users. Contributions to the Community are currently restricted to users with active ShipStation accounts. However, all posts are viewable by the general public.

Conduct

In addition to the rules of engagement described in our Community Guidelines, you are not permitted to:

• Violate any applicable law or regulation while accessing and using the Community;

• Interfere in any way with Community operations or with a member’s message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;

• Evade bans or suspensions or otherwise disregard directions from ShipStation moderators or administrators. ShipStation moderators may at any time and without prior notice modify or remove any posted message or thread, delete words that violate the Terms from posted messages, or ban your Community Account for violating the Terms.

• Please remember that you are responsible for all statements made and acts that occur through the use of your username and password.

If you recognize any violation of the Terms, please notify us by using the "Report Inappropriate Content" feature, or by contacting us directly at community@shipstation.com.

Your use of the ShipStation Community is subject to ShipStation’s privacy policy, which you can view in its entirety at https://www.shipstation.com/privacy-policy/.

User Generated Content

Content posted in the Community comes primarily from members. ShipStation makes no claims or representations as to the accuracy or completeness, or truth of any material submitted or found in the Community. ShipStation is not liable for any website links posted by members; website links posted in the discussion areas may link to sites not administered or under the control of ShipStation. Users open such links at their own risk. ShipStation is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information posted in the Community. ShipStation makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the site, or any website linked to the site, or otherwise in connection with the services and ShipStation will not be liable for the privacy of email addresses, registration and identification information, confidential or trade secret information.

You warrant that your submissions and their contents are your own and do not, in any manner, infringe or otherwise violate confidentiality obligations, a third party's intellectual property or other rights, and all so-called moral rights in your submission have been waived to the full extent allowed by law. You grant ShipStation a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, make available to the public, publish, exploit, translate, create derivative works from and distribute any content or feedback that you post on or otherwise provide through the Community and to exercise all copyright and publicity rights with respect to such content or feedback, without any attribution or compensation to you.

Copyright Infringement

If you believe that work belonging to you has been posted in the Community without your permission, please notify us by sending a written notification of claimed infringement to community@shipstation.com.

In accordance with the Digital Millennium Copyright Act, your notification must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Account Registration

In order to contribute to the Community, you must (1) have an existing ShipStation account; and (2) create a “Community Account” by following the instructions on the Community registration page.

If you are not a ShipStation employee or moderator, you are strictly prohibited from including any information in your profile that suggests you are a ShipStation employee or moderator, or from otherwise posing as such an employee or moderator when using the Community.

User Profile Information

We may refuse to grant you, and you may not use, a username or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. ShipStation may reclaim or amend your username at any time. In consideration of your use of the Community you agree that all information provided in your profile is accurate, true, current, and complete. ShipStation may terminate your Community Account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Unauthorized Use

If your username or password is compromised, or if you become aware of any unauthorized use of your Community Account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to community@shipstation.com.

Intellectual Property

ShipStation respects intellectual property rights and expects you to do the same. The Community is the property of ShipStation or its licensors and is protected by intellectual property rights (including but not limited to copyright). You do not have a right to use the Community, or ShipStation’s marks and logos, in any manner not covered by the Terms.

 

Rewards

The Community may feature a reward system whereby ShipStation, in its sole discretion, rewards users based on their contributions to the Community. You acknowledge that ShipStation’s decision in respect of any reward shall be final and binding. ShipStation may change or remove the reward system at its discretion from time to time.

 

Term and Termination

The Terms will become effective in relation to you when you create a Community Account and will remain in effect until you terminate your Community Account or the earlier termination by ShipStation thereof.

You may terminate your Community Account at any time by contacting community@shipstation.com. Without limiting its other rights to terminate access to the Community, ShipStation reserves the right to terminate or suspend your Community Account at any time if, in ShipStation’s sole discretion, you are in contravention of any of the Terms. If ShipStation terminates or suspends your Community Account for any reason whatsoever, ShipStation shall have no liability or responsibility to you.

 

Indemnification

You agree to indemnify, hold harmless and defend ShipStation, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) the Terms; (b) your use of and activity in the Community; and (c) any content you submit to or post in the Community.

Limitation of Liability

Under no circumstances shall ShipStation be liable to you or any other person for:

•   any damages, including without limitation, direct, indirect, incidental, consequential or punitive damages arising out of or relating to the Terms, or the use of the Community, OR
•   any loss of use, data, business, or profits, regardless of legal theory.

Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Community and to terminate the Terms.

Modifications

ShipStation reserves the right to modify the Terms at any time, effective upon posting of the modified Terms to the Community.

ShipStation cannot guarantee the continued existence of the Community. ShipStation reserves the right to terminate the Community at any time, for any reason. 

ShipStation has no responsibility to store or maintain content posted in the Community, including, but not limited to, original thoughts, contact information, status, or uploaded media.

Governing Law and Venue

The Terms govern your use of the Community and supersede any prior agreements between you and ShipStation relating to your use of the Community. The laws of the State of Texas, U.S.A., shall govern the Terms and the relationship between you and ShipStation, without regard to conflict of law provisions. You and ShipStation agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas, U.S.A.

 

Language

In the event that the Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.