Store Owner's Agreement

Introduction

PLEASE READ THIS STORE OWNER’S AGREEMENT (COLLECTIVELY WITH THE TERMS OF USE, PRIVACY POLICY, COPYRIGHT & INTELLECTUAL PROPERTY POLICY, BUYER’S AGREEMENT, CREATIVE RIGHTS & PRODUCT POLICY, MARKETPLACE AGREEMENT, TERMS OF SUBSCRIPTION POLICY AND RESPONSIBLE DISCLOSURE PROGRAM, THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES, FEATURES AND CONTENT OFFERED BY STORENVY, INC. (“STORENVY”, “US” OR “OUR”).  THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN THE MERCHANT IDENTIFIED IN THE SIGN-UP FORMS (“STORE OWNER”, “YOU” OR “YOUR”) AND STORENVY IN RELATION TO YOUR USE OF STORENVY.COM IN CONNECTION WITH SELLING YOUR PRODUCTS. IN ORDER TO PROMOTE, MARKET, SELL OR OFFER TO SELL PRODUCTS ON THE STORENVY PLATFORM, YOU MUST FIRST AGREE TO THIS AGREEMENT BY CLICKING “ACCEPT” WHERE THIS OPTION IS MADE AVAILABLE TO YOU.  IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH AN ORGANIZATION OR ENTITY TO THIS AGREEMENT

Storenvy Inc, a Delaware limited liability company, offers services through the domain www.storenvy.com (sometimes herein the “Site”). By registering an online store with Storenvy, You agree to abide by the Terms of Service (”Terms") outlined below. Storenvy reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You.

Storenvy provides a web application (“Software”) that allows Store Owners to create online stores through which they can sell goods and services online. Storenvy also provides merchant services, including hosting of the online store, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”).

General

When a Store Owner lists an item or product for sale on Storenvy and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.

Account Terms for All Store Owners

Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through a Storenvy online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your store to be suspended by Storenvy.

Under no circumstances are You to make any attempt to avoid Storenvy's Marketplace (the "Marketplace") fee or other fees. This includes writing information in Your description, FAQ, or any other public facing element on Storenvy's platform which contributes to any action related to the avoidance of any applicable Storenvy fees. 

You are responsible for any customization of Your Storenvy online storefront, including graphics and information.

You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your Storenvy online store. Our product policies can be found here.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your Storenvy account.

Storenvy’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.

You authorize Storenvy to process any and all of Your Storenvy account transactions initiated through the use of the password and/or passphrase that You establish through registration on the Site and You are solely responsible for maintaining the confidentiality of such password and/or passphrase. Storenvy 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 Storenvy online stores 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).

You will generally be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your Storenvy account.

We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You expressly understand and agree that Storenvy 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.
You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to post links to outside websites intended to sell items - particularly those with non-Storenvy ordering tools or information. Posting of promotional logos to credit outside services is also prohibited.

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 of Storenvy.

Storenvy does not claim any intellectual property rights over the material You provide to the Storenvy service. All material You upload remains Yours.

You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.

Technical support is only available via email, due to the small size of Our team, which allows Us to keep costs down as We provide Our basic Services to You for free.

Storenvy works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support@storenvy.com. Storenvy does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition.

A breach or violation of these Terms, at the sole discretion of Storenvy, may result in immediate termination of Your Services.

As a store owner, all of the products You sell in Storefront may also be marketed or sold through the Storenvy online Marketplace should You choose to open a Marketplace store. In the event that Storenvy markets or sells Your products in the Marketplace, Storenvy may charge You a commission on all sales facilitated directly through the Marketplace.

The determination of whether a transaction is subject to the Fees shall be made in Storenvy’s sole discretion. Information regarding the currently applicable Fees can be found here. You shall pay all Fees in accordance with Storenvy’s then current payment policies which can be found here. If You believe there has been an error in calculating the Fees, You can contact Storenvy at support@storenvy.com .

Inclusion in the Storenvy Marketplace is not guaranteed and Your store may be removed from the Marketplace at Our discretion. Reasons for removal include, but are not limited to:

Storenvy receiving more than 3 customer complaints regarding Your store;

Your store averaging a rating of less than 0;

An incomplete store FAQ section;

Missing brand assets, such as logo, banner, or poor quality photographs.

You agree not to post 3rd party advertisements of any kind in Your store-front. This includes banner ads, Google Adwords or affiliate programs of any kind.

We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

Prohibited Listings and Products

We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in Your Storenvy online store are in strict conformity with all applicable laws. In the event Storenvy concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. Storenvy reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

The following products, services, materials and activities are not permitted on the Site:

• Alcohol: Beer, liquor, wine and other alcoholic beverages and related age-restricted products.
• Animals and certain animal products:  Animals, live animals, animal and wildlife products, mounted specimens, illegal animal products, ivory, and taxidermy.   Faux taxidermy and faux furs are allowed.
• Child exploitation:  Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
• Harassment, bullying, defamation and threats: Products, services or materials which harass, bully, defame or threaten a specific individual or group.
• Hateful content: Products, services or materials which promote violence or bias towards others based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
• High-risk products: Products, services or materials which are deemed high-risk, at the sole discretion of Storenvy, including but not limited to those which may be considered legally dubious or products whose use is regulated by law in any jurisdiction.
• Illegal activities: Products, services or materials which contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which You operate or do business.
• Intellectual property: Products, services or materials which infringe on the copyright or trademarks of others.
• Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Storenvy or others, including Storenvy’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
• Offensive material: Products, services or materials which are deemed offensive by Storenvy in its sole discretion, including items such as crime-scene photos and human organs and body parts.
• Personal, confidential, and protected health information: Products, services or materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.
• Pornography and certain adult novelties:  Products, services or materials which are pornographic or depict a human being engaged in actual sexual conduct, gratuitous nudity or suggestive gratuitous nudity, or adult novelties, toys, and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States.
• Self-harm: Products, services or materials which promote self-harm.
• Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
• Terrorist organizations: Products, services or materials which imply or promote support or funding of, or membership in, a terrorist organization.
• Tobacco products and smoking accessories: Tobacco products or smoking accessories of any kind, including but not limited to tobacco, cigarettes, cigars, electronic cigarettes, vaporizers, electronic smoking products and other smokable products.
• Weapons and weapon accessories:  Most weapons and weapon accessories of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, firearm accessories, fireworks, crossbows, hunting bows, most knives, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.  Exceptions may be made for hunting knives, pocket knives, replica knives and swords, and knives used for work related purposes provided they are offered in accordance with all applicable laws.
• Plants, seeds, and related items: Selling these products requires permission/certification in some localities. You must have all required permissions/certifications to sell these products and be able to provide proof when requested.

Custom Domain Registration

Storenvy may offer Store Owners who are subscribed to Our paid subscription plans the option to register custom domains for their Storefronts.

If You register a domain through Storenvy, Your custom domain will remain active and point to Your Storefront as long as Your Storenvy subscription plan remains active.

Your Storenvy purchased domain name will be managed solely by Storenvy and can only be pointed to Your Storenvy Storefront.  Only one custom domain can be registered for each Storefront.

You may buy the domain name from Storenvy outright at any time for a transfer fee of $75. If You would like to do this, You must file a support request through Our Site or send an email to support@storenvy.com.

Spam Products & Comments

Storenvy does allow Store Owners to setup more than one store using the same PayPal or Stripe account, However as a Store Owner You are not allowed to list identical products in more than one store attached to a single PayPal or Stripe account. Any Store Owners found listing identical products in more than one store that they operate may be suspended and reviewed by Storenvy at Our sole discretion.

As a Store Owner You agree not to "spam" other products in the Storenvy Marketplace by leaving comments including links or text asking users to view Your store or product. This not only makes You look bad as a Store Owner it also reflects poorly on the entire Storenvy Marketplace. Any stores found spamming the Storenvy Marketplace will have their store and account immediately disabled.

Any Store Owners found "gaming" the system by creating fake user accounts to generate Envies for their products may be immediately disabled and banned from Storenvy.com at Our sole discretion.

Disclaimer and Dispute Resolution

STORENVY ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. STORENVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. STORENVY DOES NOT WARRANT : THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT WILL STORENVY OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, (II) INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT THEREON, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT THEREON, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF STORENVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES STORENVY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

If a dispute arises between You and Storenvy, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against Storenvy in accordance with one of the options provided below or as We and You otherwise agree in writing.

This Store Owner’s Agreement shall be governed in all respects by the laws of the State of Missouri as they apply to agreements entered into and to be performed entirely within Missouri between Missouri residents, without regard to conflict of law provisions.

Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Kansas City, Missouri area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Kansas City, Missouri.

Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Kansas City, Missouri office of the American Arbitration Association. Such arbitration proceedings will be conducted in Kansas City, Missouri and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.

Attorneys’ Fees – In the event Storenvy is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Store Owner’s Agreement with respect to a Claim relating to Your use of the Site, You shall reimburse Storenvy for such reasonable attorneys’ fees and expenses.

These Terms are effective September 1, 2021, for current Store Owners, and upon use of the Site by a new Store Owner. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Store Owner’s Agreement. This Store Owner’s Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.