Incorporated Terms – Store Terms
Date of Last Revision: June 14, 2019
The terms below are incorporated into, and form an integral part of, the BigCommerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.Communications.
- Generally. The entity or person who creates the BigCommerce Account, Store, or website will generally be deemed the owner. BigCommerce may allow only the owner or the point of contact designated by the owner to make changes, cancellations, or designate a new point of contact.
- Disclaimer. BigCommerce will have no obligation or liability whatsoever to you or any third party (i) to resolve any ownership dispute, or (ii) for any act taken to resolve any ownership dispute.
- Remedies. If a dispute arises between you and one or more third parties concerning your ownership of your Account or your Store, BigCommerce may, in its discretion:
- suspend the Store;
- take no further action until you and such third parties promptly, conclusively, and finally resolve the dispute judicially;
- prevent a party from operating the Store without proof of intellectual property rights in applicable store assets, such as domain names, trademarks, images, product listings (“Underlying Store IP”); and/or
- make Underlying Store IP available to the holder of the applicable intellectual property rights.
- Suspension/Termination. If you fail to resolve the dispute in a reasonable time, as determined by BigCommerce in its discretion, then BigCommerce may suspend or terminate your Account and/or your Stores until such dispute is conclusively resolved.
- Judicial Determination. If a third party is identified by court order, binding arbitration, or settlement agreement as the rightful owner, then BigCommerce may, without any liability to you, transfer ownership of your Account and/or your Stores to the identified owner.
- License. BigCommerce grants to you, for so long as you continue to subscribe and pay for the Services, a non-exclusive, revocable, license to modify, make derivative works of, and use, each licensed design theme solely in conjunction with your creation of Stores/websites on the BigCommerce platform using the Services. Design themes are the exclusive property of BigCommerce or our design licensors, and all right, title and interest in each design theme will remain exclusively with BigCommerce or the applicable design licensor. Design themes include any styles associated with the licensed design themes.
- Multiple Stores. This license only allows you to use each licensed design theme for a single Store/website per license purchased. If you desire to use a design theme for more than one Store/website, a new design theme license must be purchased for each such Store using the design theme.
- Non-Exclusivity. All design themes are licensed on a non-exclusive basis and can be reproduced and redistributed an unlimited number of times by BigCommerce.
- Transfer. Design themes may only be used by you and may not be transferred by you to any unaffiliated third party without the prior written consent of BigCommerce in each instance. For clarity, you may not license, sublicense, assign, transfer, redistribute or sell any design themes or derivative works thereof to any third party.
- Support. If you license a design theme for your website, BigCommerce may provide your personal information to our design licensor to facilitate the provision and/or offer of support/services and/or products to you. Technical support for a design theme is the responsibility of the designer licensor, and BigCommerce does not accept any responsibility to provide such support. If you customise a design theme via any tool other than Theme Editor or Style Editor, the design licensor may refuse to offer support for that design theme.
- Installation. It is your responsibility, and not BigCommerce’s, to ensure that the installation of a new design theme does not overwrite or damage your current or preexisting theme, or UI.
- No Refund. Except as otherwise expressly provided at checkout when licensing a design theme, refunds will not be issued to you for design themes once they are purchased.
- Migration Services. BigCommerce offers migration services to customers purchasing select Service plans (as described on our Website) or for an additional fee. BigCommerce supports most standard shopping cart database schemes by default. Our migration Services do not guarantee proper migration of the custom data, fields or information handled by third-party modules and/or contributions. We recommend that data is migrated into a Store that is not live (visible to the public and/or transacting). If for any reason you require migration Services to transfer data into a live Store, we recommend that your Store is placed in ‘maintenance mode’ during the data transfer, as importing large amounts of data can disrupt business flow within a live Store site.
- Onboarding Services. Our onboarding services include configuration of basic BigCommerce store settings and is available to customers purchasing select Service plans (as described on our Website) or for an additional fee.
- No Refund. Unless included in a select Service plan, migration Services and onboarding Services are Services for which we charge a one-time, upfront, non-refundable fee.