Terms of Service

1. Acceptance of Terms

By accessing or using eCommercePlayer ("the Service"), operated by Imagesoft Northwest, LLC ("we," "us," "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new effective date. For significant changes, we may also notify you by email or through a notice within the Service. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years of age to use eCommercePlayer. If you are between 13 and 18 years old, you must have the consent of a parent or legal guardian. By creating an account, you represent and warrant that you meet these eligibility requirements. If we learn that a user does not meet these requirements, we will terminate their account.

3. Account Registration and Security

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at support@ecommerceplayer.com if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of Service

eCommercePlayer is a media hosting and embedding service that allows you to upload audio and video files, create configurable media players, and embed those players on third-party websites such as eBay listings. The Service includes media encoding (transcoding uploaded files to web-compatible formats), cloud storage and delivery, playback analytics, and optional eBay integration.

Features, storage limits, bandwidth allowances, and supported formats may vary by subscription plan and may change over time. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable notice when practicable.

5. Subscription Plans, Payments, and Billing

5.1 Plans

The Service offers free (Basic) and paid (Premium) subscription plans. Features and limits for each plan are described on our website and may be updated from time to time.

5.2 Payment Processing

All payments are processed through PayPal. By subscribing to a paid plan, you agree to PayPal's User Agreement in addition to these Terms. We do not directly process or store credit card or bank account information.

5.3 Recurring Billing

Paid plans are billed on a recurring basis (monthly or annually, as selected). Your PayPal account will be charged automatically at the beginning of each billing cycle. You authorize these recurring charges when you subscribe.

5.4 Cancellation

You may cancel your paid subscription at any time by canceling the recurring payment through your PayPal account or by contacting our support team. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for. We do not provide prorated refunds for partial billing periods.

5.5 Refunds

Subscription fees are generally non-refundable. In cases of billing errors, duplicate charges, or other exceptional circumstances, we may issue a refund at our discretion. Refund requests should be directed to support@ecommerceplayer.com.

5.6 Price Changes

We may change subscription prices at any time. We will provide at least 30 days' notice before any price increase takes effect. If you do not agree to the new price, you may cancel your subscription before the increase takes effect.

6. User Content

6.1 Ownership

You retain all ownership rights to the media content you upload to eCommercePlayer. We claim no ownership interest in your content.

6.2 License to Us

By uploading content, you grant Imagesoft Northwest, LLC a limited, non-exclusive, royalty-free, worldwide license to store, process, encode, transcode, cache, and serve your content solely for the purpose of providing and improving the Service. This license ends when you delete your content or your account.

6.3 Your Responsibility

You are solely responsible for your content and represent that you have all necessary rights, licenses, and permissions to upload and distribute it through the Service. You agree that your content does not violate any third party's intellectual property rights, privacy rights, or any applicable law.

7. Prohibited Uses

You agree not to use the Service to:

• Upload, distribute, or embed content that is illegal, infringing on intellectual property rights, obscene, pornographic, threatening, defamatory, harassing, invasive of privacy, or otherwise objectionable
• Upload content that contains malware, viruses, or any harmful code
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to the Service, other accounts, or our servers and infrastructure
• Interfere with or disrupt the Service or servers, including through denial-of-service attacks, excessive automated requests, or scraping
• Use the Service to send spam, unsolicited messages, or phishing attempts
• Resell, redistribute, or sublicense access to the Service without written permission
• Use the Service in violation of any applicable law or regulation, including export control and sanctions laws
• Circumvent any storage limits, bandwidth restrictions, or other technical limitations of the Service

We reserve the right to remove any content and suspend or terminate any account that violates these Terms, at our sole discretion and without prior notice.

8. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that content hosted on eCommercePlayer infringes your copyright, please send a written notice to support@ecommerceplayer.com containing:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material you claim is infringing, with enough detail for us to locate it (e.g., URL of the player)
• Your contact information (name, address, email, phone)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Upon receiving a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content and notify the account holder. Repeat infringers will have their accounts terminated.

9. Third-Party Services

The Service integrates with third-party platforms including eBay and PayPal. Your use of these integrations is subject to the respective third party's terms and policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

Our website or embedded players may contain links to third-party websites. We do not endorse and are not responsible for the content, privacy practices, or terms of any third-party websites.

10. License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or commercial media hosting and embedding needs. This license does not include the right to: (a) resell or redistribute the Service; (b) modify, reverse-engineer, or create derivative works of the Service; or (c) use the Service for any purpose other than media hosting and embedding as intended.

11. Intellectual Property

The eCommercePlayer platform — including its software, design, logos, trademarks, and branding — is the property of Imagesoft Northwest, LLC and is protected by intellectual property laws. You may not use our trademarks, logos, or branding without our prior written consent.

12. Warranty Disclaimer

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant any specific results from use of the Service, including media encoding quality, delivery speed, or uptime.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Imagesoft Northwest, LLC, its officers, members, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or relating to your use of or inability to use the Service, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) fifty U.S. dollars ($50.00) or (b) the total amounts you have paid to us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Imagesoft Northwest, LLC, its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your content; (c) your violation of these Terms; or (d) your violation of any third party's rights, including intellectual property rights.

15. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, including for violation of these Terms. Where practicable, we will provide notice and an opportunity to retrieve your content before termination, except in cases of serious violations (such as illegal content or fraud).

Upon termination: (a) your license to use the Service ceases immediately; (b) you must cease all use of the Service; (c) we may delete your account data, including uploaded media, after 30 days. Sections 6.2, 12, 13, 14, 16, and 17 survive termination.

You may terminate your account at any time by contacting support or through your account settings. Account termination does not automatically cancel your PayPal subscription — you must cancel your PayPal recurring payment separately.

16. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Before filing any formal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at support@ecommerceplayer.com. We will attempt to resolve the dispute within 30 days.

If informal resolution is unsuccessful, any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts. You agree to waive any right to a jury trial and any right to participate in a class action.

17. General Provisions

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Imagesoft Northwest, LLC regarding the Service and supersede any prior agreements.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, cyberattacks, or third-party service provider failures.

18. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: support@ecommerceplayer.com
• Live chat: Available on our website via the chat widget
• Operator: Imagesoft Northwest, LLC