Personal store Terms

Custom Stores Service Terms and Conditions

These Custom Stores Service Terms and Conditions (the “CSS Terms”) describe the expectations and obligations of a seller (“Creator” or “you”) that uses Bigollo’s Custom Stores Service offering to market custom products. These CSS Terms are additional terms under, and supplement, the Bigollo Terms of Service; if there is a conflict between the CSS Terms and the Bigollo Terms of Service, the provisions of these CSS Terms control to the extent the conflict relates to the Custom Stores Services. For clarity, the Custom Stores Service is considered a Bigollo Service under the Terms of Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE Custom Stores Service, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE Custom Stores Service, YOU AGREE TO BE BOUND BY: (1) THE FOLLOWING CUSTOM STORES TERMS AND CONDITIONS; (2) Bigollo’S TERMS OF SERVICE; AND (3) Bigollo’S PRIVACY POLICY (TOGETHER, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE Custom Stores Service AS A CREATOR. YOUR USE OF THE Custom Stores Service AS A CREATOR, AND Bigollo’S PROVISION OF THE Custom Stores Service TO YOU, CONSTITUTES AN AGREEMENT BY Bigollo AND BY YOU TO BE BOUND BY THIS AGREEMENT.

Custom Stores Service

Through the Bigollo Custom Stores Service, a Creator has the opportunity to create their own store (“Custom Store”) for use and at Bigollo’s discretion, either: (1) Creator’s own web domain (“Creator Domain”); or (2) a custom Bigollo domain. In order to use the Custom Store Service, you must already have a registered account and listing with Bigollo. Bigollo will enable you to design and customize store graphics and layout to comport with your branding. Bigollo will have sole discretion and control over the work performed under this Agreement and the manner in which such work is performed. Bigollo may utilize independent contractors to perform all or part of the Custom Store Services.

Fees

Bigollo does not charge any additional fees for use of Custom Stores Services. Bigollo may initiate or change fees for any feature of the Custom Store Service if Bigollo gives you advance notice of changes before they apply. Bigollo, at its sole discretion, may make promotional offers with different features and different pricing to any Creators. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

Licenses and Ownership

Custom Stores Services. Subject to your complete and ongoing compliance with this Agreement, Bigollo grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Custom Stores Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) make modifications to the Store without Bigollo’s consent; or (ii) interfere with or circumvent any feature of the Custom Stores Service, including any security or access control mechanism.

Creator Content. In order to enable Bigollo to perform the Custom Stores Services, Bigollo needs the rights to use your name, logo, branding, and other marks, works, or content owned or controlled by you, including all intellectual property and publicity rights contained therein (“Creator Content”). You grant Bigollo (including any third party providers acting on our behalf) a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, distribute, and otherwise exploit Creator Content for the limited purposes of allowing Bigollo to provide, improve, and promote Custom Stores Services. You represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and maintain the Store.

Creator Obligations

Creator Custom Domains and Accounts. If the Store is used on a Creator Custom Domain, you are solely responsible for registering and maintaining the domain name, including all applicable fees. Bigollo will have no obligation to make your Store available or accessible due to your failure to maintain the Creator Domain. Bigollo, at its sole discretion, may refuse to provide the Store Services for use with a specific domain name for any reason. Please also review Bigollo’s Acceptable Use Policy. In addition, Bigollo is not responsible for the registration and maintenance of any platforms that are used to display, promote, or link to the Store.

Creator Information. You agree to make available information and resources requested by Bigollo in a timely manner. You agree to notify Bigollo if any information you have provided to us, or any relevant information about you, has changed.

Affiliations. We may allow you to display your affiliation with certain organizations and associations relevant to your business. You agree that you will only choose those organizations and associations with which: (i) you are actually affiliated; and (ii) you have permission to display on your Store. You must promptly remove any affiliations if no longer current.

Complaints. You agree to notify Bigollo if: (i) a visitor has notified you that they have a complaint with you or any products or services offered by you; or (ii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental or regulatory authority with respect to your products.

Indemnity. To the fullest extent permitted by law, you will defend and indemnify Bigollo and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use the Custom Stores Service and Store; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Release. If you have a dispute with one or more visitors to your Store or a dispute regarding Creator Content, or products, you hereby release Bigollo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General Terms. These Storefront Terms and Conditions, together with the Terms of Service and Privacy Policy and any other agreements or policies expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and Bigollo regarding your use of the Custom Stores Service as a Creator. Bigollo may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Bigollo Service or Custom Stores Service.

Termination. Either party may terminate this Agreement upon 5 days’ notice to the other party. If you violate any provision of this Agreement, your authorization to access the Custom Stores Service and this Agreement will automatically terminate. Upon the termination of this Agreement:

(a) your license rights will terminate and you must immediately cease all use of the Custom Stores Service;

(b) you will no longer be authorized to access your account or the Custom Stores Service

(c) After termination, you will remain liable for any disputes arising from any breach of this Agreement and the User Agreement during your operation of your Personal Store, and the terms and conditions of this Agreement will remain in effect.

You acknowledge that there is no agency, partnership, joint venture or employee-employer relationship with Bigollo is intended or created by this Agreement or any relationship between us, that you have no power or authority to make any commitments on behalf of Bigollo, and that Bigollo has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.

Legal Compliance. You represent and warrant that: You and Your Business Entity are not listed on any Local Government list of prohibited or restricted parties.

Please make sure Your business is in compliance with local laws and regulations

Please ensure that you are not listed on any local government banned or restricted list.

Contact Information. If you have questions about this Agreement, please contact us by email atservice@bigollo.com.

Updated on May 11, 2022