Store Owner Agreement

This Store Owner Agreement (the "Agreement") explains the terms and conditions governing your use of the Pipler.com service, software, and any other content available on the Pipler.com (sometimes herein “Pipler.com,” “We”, “Us” or “Our”) service. By registering an online store with us, you accept these terms and conditions and acknowledge that the Pipler.com service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering as a Store Owner at Pipler.com, you agree to use the Pipler.com service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.

These conditions and any other information on this site may be changed or updated without notice. You are required to keep you informed and updated on these conditions. We therefore recommend that you visit and read through these terms each time you visit the site.

1. Services

• Generally. Store Ownership to the Pipler.com service provides registered Store Owners (each a "Store Owner") with the package of content, tools, and services described below ("Pipler.com service(s)"). Store Owners may use the software available throughout the Pipler.com service ("software") to build their eCommerce presence (each a "Store Owner Site").  You understand and agree that Pipler.com may, at its discretion, add or delete any features included as a part of the Pipler.com service or software at any time.
•  Pipler.com services and software: You will be able to use the software incorporated in the Pipler.com service to build and maintain your Store Owner Site. Pipler.com provides the following services, and reserves the right to alter such services, at its sole discretion. Specifically, Pipler.com services allows your use of certain functionalities: building a hosted web site via our browser-based application, integrating certain communication tools into your Store Owner Site, creating an online catalog of products using Pipler.com browser-based catalog-building services, building commerce capabilities into your Store Owner Site, utilizing certain marketing and promotion features, and gathering information regarding your Store Owner Site using reporting tools.

2. Restrictions and Description of Prohibited Acts

(a) You may not use the Pipler.com service, the selection of a web address for your Store Owner Site, the software, or the Store Owner Site to, including, but not limited to: 

• Display material containing pornographic material of any kind;
• Provide material that is grossly offensive to the Pipler.com Network online community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
• Sell or promote any products or services that are unlawful in the location at which the content is posted or received; 
• Introduce viruses, worms, harmful code, and/or Trojan horses on the Internet; 
• Display material that exploits, or otherwise exploit, children under 18 years of age; 
• Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
•  Promote, solicit, or participate in pyramid schemes; 
• Post any content that holds Pipler.com up to public scorn or ridicule; 
• Engage in any libelous, defamatory, scandalous, threatening, harassing activity; 
• Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents' consent in case of a   minor); and/or 
• Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction,     information, or assistance in causing or carrying out such violence.

(b) You agree that without the express consent of Pipler.com (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on the Store Owner Site you create: pharmaceutical or any other controlled substances, illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.

(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the Pipler.com service, software, or Store Owner Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

(d) Unless Pipler.com offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Store Owner Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).

(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the software; individual passwording of Store Owner Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the Pipler.com service or software to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws.

3. Payment and Fees Terms

(a) Pipler.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4. Pipler.com will never ask that you provide us with your credit card information for payment.

Pipler requires the use of PayPal as the Payment Solution for Your online store. Using PayPal as a “Payment Solution” means that You use PayPal exclusively to process online payments from Your store customers. In order to use PayPal with Your store, You are required to sign up for a PayPal account and comply with the PayPal User Agreement and Privacy Policy. All charges you incur for use of the Pipler.com will be charged through your PayPal account , If Pipler.com does not receive payment from PayPal account holder (Store Owner) , you agree to pay Pipler.com all amounts due upon demand. You understand that if Pipler.com does not receive timely payment of all amounts due for any   services you purchase, your use of the Pipler.com services may be severely restricted or terminated, at Pipler.com's sole discretion. 

Pipler.com Fees Policy, which is subject to change, is incorporated into this Agreement by reference (Fees Policy). Changes to the Fees Policy will be communicated to the Store owner 15 days, before it takes into effect.

(b) You agree to notify Pipler.com immediately if you suspect unauthorized use of the Pipler.com services, or your password. In the event of an unauthorized use of your PayPal account, you must notify your PayPal in accordance with its reporting rules and procedures.

(c) You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Pipler.com services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.

4. Changes to the Terms and Conditions

Pipler.com may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Pipler.com will also give reasonable notice before any modification of the then current Pipler.com service that could change your Store Owner Site. Pipler.com may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the Pipler.com service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the Pipler.com service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the Pipler.com service, and its fee schedule.

5. Advertising

Pipler.com relies on the ongoing support of its sponsors and advertisers to help fund the services it offers its Store Owners. Accordingly, Pipler.com reserves the right to serve ads as it deems appropriate on and alongside the Pipler.com service where Store Owners will administer their Store Owner Site, but Pipler.com shall not place third-party advertising on Store Owner Sites.

6. Information About You and Your Business

(a) Pipler.com is committed to protecting your privacy. Pipler.com will never willfully sell personally identifiable information about you or your business to any third party other than as specified in section 6(c) without first receiving your permission, and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy, available at http://www.pipler.com/static/privacy.html

Only under suspicion of crimal activity and proper request by the Public Authorities , your personal informasion will can be passed on to the relevent Public Authority under Personal Data Act  Personopplysningslovens § 8. http://www.lovdata.no/all/hl-20000414-031.html

(b) In order to protect you, Pipler.com uses state-of-the-art software to protect your data from unauthorized third parties. Currently Pipler.com uses Secure Sockets Layer (SSL) software to protect your data and secure your transactions. SSL encrypts all your personal information, name, and address, as it is transmitted over the Internet.

(c) Important note: Notwithstanding the foregoing, by clicking on the CREATE button on the Create Store page, you hereby expressly agree that Pipler.com may distribute Store Owner product and service information and personally identifiable information publicly available on the Store Owner Site to our search engine and various other comparative Storeping and search services partners, and create a database of  publicly available information about you or your business to our partners with the express purpose of driving Internet user traffic to Store Owner Sites, provided that such information is useful to the end users of the Store Owner Sites. Public information means information available to the public on your Store Owner Site, and may include the following: information about the products or services you offer through your Store Owner Site, your operating hours, your business address, your URL, your business contact information, and other similar information. In no event, however, will Pipler.com disclose certain information such as your PayPal ID.

7. Pipler.com Rights

Store Owner Site Content Changes. Pipler.com reserves the right to make changes to Store Owner Site upon written request to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Pipler.com at its sole discretion, to rectify infringing content. If after such time has expired the Store Owner Site does not conform to Pipler.com's satisfaction, Pipler.com may make changes to the content of Store Owner Site to bring it to compliance with this Agreement. Store Owner agrees not to hold Pipler.com liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Store Owner Site in response to Store Owner request to do so or in response to a Store Owner Site that breaches this Agreement. Pipler.com's decisions are final and binding. Notwithstanding the above, Pipler.com also reserves the right to discontinue the provision of any or all aspects of the Pipler.com service to any Store Owner for any breach of this Agreement.

8. Term/Termination

(a) Term. This agreement shall be effective upon when you open the Store and shall continue unless and until terminated under this Section 8.

(b) Termination by Pipler.com. 

(i) Pipler.com may at any time without notice to you discontinue any or all aspects of the Pipler.com service or restrict your use of the Pipler.com service in whole or in part for any breach of this Agreement by you; or if Pipler.com determines in its sole and exclusive judgment that terminating your use of the Pipler.com service is necessary for security reasons or for proper continued operation of the Pipler.com service; or your use of the Pipler.com service or software is not for legitimate business purposes, or your use of the Pipler.com service violates any laws or regulation; or if Pipler.com receives information that the Pipler.com service or your use of the Pipler.com service (or any part thereof) may violate any third-party right. 

(ii) Pipler.com may at any time with thirty (30) days notice to you, modify or discontinue any or all aspects of the Pipler.com service or restrict your use of the Pipler.com service in whole or in part for Pipler.com's convenience.

(iii) Pipler.com may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the Pipler.com service, including the Pipler.com services, if Pipler.com is unable to charge valid charges to your PayPal account or if you otherwise fail to make payments due to Pipler.com hereunder.

(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Pipler.com terminates this Agreement or suspends your     access to the Pipler.com service, you will remain liable for the full charge for the period during which we terminate or suspend your Pipler.com service. Following such termination or suspension, you agree not to reregister for or otherwise access the Pipler.com services without Pipler.com's prior written approval. Pipler.com reserves the right to delete any data files associated with your use of the Pipler.com service upon termination of this Agreement.

(c) Termination by You.

You may terminate this Agreement immediately for any reason at any time by sending email to support@pipler.com. You will remain liable for the full charge for the period during which you terminated this Agreement and for all usage-based fees through the effective date for termination of this Agreement.

9. Indemnification

You agree to indemnify Pipler.com and hold Pipler.com harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Pipler.com service in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Store Owner Site; (iii) any breach by you of this agreement; and/or (iv) any indecent, obscene, or libelous material posted on your Store Owner Site.

10. Reporting Violations

Pipler.com does not actively monitor the content of Store Owner Sites but will investigate complaints of a violation of a third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Pipler.com Policy. Please report violations to support@pipler.com.

11. Proprietary Rights

As between the parties, Pipler.com acknowledges that it claims no proprietary rights in Store Owner's content or any intellectual property right contained therein. Your content can include but is not limited to text, software, music, sound, photographs, video, and graphics supplied by you to Pipler.com for use on your Store Owner Site. As between the parties, you acknowledge and agree that Pipler.com and its licensors own all right, title, and interest in: (a) the Pipler.com service; (b) the software available on the Pipler.com service; (c) and, except for content supplied by you for use on your Store Owner Site, all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the Pipler.com service (collectively "Content"). In addition, you agree that the Content and software available on the Pipler.com service is protected by Norwegian and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are only permitted to use this Content and software as expressly authorized by Pipler.com or its Licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the Pipler.com service is the exclusive property of Pipler.com and its licensors and protected by Norwegian and international copyright laws. You agree that, except as expressly authorized by Pipler.com, all the Content and software available on the Pipler.com service may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Content; otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Content or software without expressly being authorized to do so by Pipler.com.

12. Trademarks and Service Marks

Pipler.com registered trademarks and service marks, and other graphics, logos, and service names used by Pipler.com on the Pipler.com service to identify the products or services of Pipler.com (collectively the "Pipler.com Trademarks") are the trademarks of Pipler.com. You agree not to use the Pipler.com Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits Pipler.com. All other brands and names (including third-party product names) used on the Pipler.com service are the property of their respective owners.

13. Limitation on Liability

(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Pipler.com, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Pipler.com SERVICE, software, OR CONTENT AVAILABLE ON THE Pipler.com SERVICE ("Pipler.com AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Pipler.com SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR SOFTWARE; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Pipler.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE AGGREGATE LIABILITY OF Pipler.com AND THE Pipler.com AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Pipler.com DURING THE TERM OF THIS AGREEMENT FOR ANY Pipler.com SERVICE OR SOFTWARE.

(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(d) IN NO EVENT IS Pipler.com OR ANY Pipler.com AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND Pipler.com'S CONTROL.

(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.

14. Warranties/Disclaimers

(a) Pipler.com warrants that, if a Store Owner is dissatisfied in any way with the Pipler.com service, software, or Content provided on or through the Pipler.com service, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.

(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY Store Owner SITE DO NOT REFLECT THOSE OF Pipler.com, AND Pipler.com DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY Store Owner SITES. Pipler.com IS NOT RESPONSIBLE FOR THE CONTENT OF ANY Store Owner PAGE. Store OwnerS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN Store Owner SITE. Store OwnerS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR Store Owner SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR Store Owner SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.

(c) Pipler.com IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE Pipler.com NETWORK OR THROUGH ANY Pipler.com AFFILIATE PROGRAM OR THROUGH THE Store Owner SITES.

(d) EXCEPT FOR 14(a), ALL Pipler.com SERVICE, CONTENT, AND software PROVIDED IN ASSOCIATION WITH THE Pipler.com SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER Pipler.com NOR Pipler.com'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE Pipler.com SERVICE, CONTENT, software, OR PRODUCTS THAT Pipler.com OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND Pipler.com AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE Pipler.com SERVICE OR software IS ERROR-FREE. Pipler.com AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).

(e) Pipler.com DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Pipler.com AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.

(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE Pipler.com SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Pipler.com SERVICE.

(g) Pipler.com MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Pipler.com IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT Pipler.com SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.

15. Miscellaneous 

(a) Pipler.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pipler.com in writing.

(b) Except in the event that you purchase any Pipler.com plan, this Agreement comprises the entire agreement between you and Pipler.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. Should you choose to purchase any Pipler.com plan, you will be bound by all terms and conditions relating to the provision of such Pipler.com services.

(c) Your Store Ownership in the Pipler.com service and any of your rights hereunder may not be assigned or transferred to any third party. Pipler.com reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.

(d) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

(e) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.