Square updates TOS to forbid use of APGL in content

Last updated: May 30, 2019

Effective Date: July 10, 2019

To view terms effective through July 9, 2019, clickhere.

By using Square Point of Sale, Customer Engagement, Appointments or Employee Management, Square Online Store, and any associated products and services (the “Services”), you agree to be bound by theGeneral Terms, these additional terms and conditions (“Additional Product Terms”), and all other terms, policies, and guidelines applicable to the Services used including, but not limited to, thePayment Terms if you accept payments through Square. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.

1. Marketing and Customer Programs

You may be able to use the Services to create, send and manage marketing and other messages to your customers (“Buyers”) who have elected to receive offers and updates from Square merchants they frequent or who provided their contact information to you directly. Square is not involved in or responsible for your marketing messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers. You are responsible for marketing messages that you send using the Services, the Content of those messages, and honoring any customer privacy choices and terms included in such messages, even if your Square Account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses, and you may not use the Services to send unsolicited bulk messages. If you offer a loyalty program to your Buyers through the Services, you agree to make available to your Buyers any terms and conditions applicable to your loyalty program. You are responsible for ensuring that your marketing messages, loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.

Buyers may be able to use the Services, including digital receipts, to submit feedback to you about their recent customer experience. When Buyers submit feedback using the Services, we share that feedback with you and allow you to send responses to Buyers who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to Buyers who have not enabled replies to their feedback, (b) to request Buyer Card Information, (c) to send Buyers marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from a Buyer, you should contactSquare Support.

2. Gift Cards

If you purchase and offer gift cards, including e-gift cards, to your Buyers through Square, you (and not Square) are the issuer and administrator of your gift cards. If you have multiple business locations and do not manage your locations through a single Square account, you must separately order gift cards for each business location where you wish to issue and redeem gift cards and print that business location on your gift cards.

Gift cards sold by you are “closed loop” gift cards that are only redeemable from you for your goods and services. You agree to pay ourFees on each issue of a gift card as well as all order, printing, and shipping fees for each order of gift cards. Square does not assess a fee on the redemption of a gift card to purchase goods or services from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not issue a gift card with a value in excess of $1,000 or add value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceed $1,000. Further, you may not issue more than $10,000 in gift cards to any single person in any one day. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your Square Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.

You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for Buyers and holders of gift cards.

3. Online Store

I. eCommerce Terms

A. eCommerce Activities. The Services include Online Store and other eCommerce features that enable you to sell goods and services through websites hosted and/or designed by Square (such goods and services, “Commercial Products”), and otherwise enables you to collect payments from your customers and end users (such activities, collectively, “Your eCommerce Activities”). You agree that we are not liable or responsible for any of Your eCommerce Activities, or any compliance with any laws or regulations related to it, which includes the following:

  • Taxes . You are solely responsible for: (a) all taxes and fees associated with Your eCommerce Activities, including taxes related to the purchase or sale of products and/or services in connection with Your eCommerce Activities; (b) all reporting, collection and remitting obligations to applicable governmental authorities in connection with Your eCommerce Activities; (c) notifying your customers or end users of required taxes, and providing them with tax invoices as required by applicable law; (d) monitoring and complying with any distance sale thresholds in the EU or other indirect taxes (such as value added taxes or goods and services taxes) in the countries where your customers or end users may receive your products or services; and (e) any registration obligations for indirect taxes in countries where you are required to register. You also acknowledge that we may provide you with certain tax estimates, reports, invoices, or other tax-related materials in connection with the Services (“Tax Materials”). You may not rely on such Tax Materials to comply with your tax related obligations. We do not give tax advice, and nothing we say or provide should be interpreted as such. For any tax-related inquiries, we strongly encourage you to engage legal counsel or assistance from a tax and accounting expert.

  • Fulfillment, Delivery and Refunds . You are solely responsible for fulfilling and delivering all orders made by your customers or end users in connection with Your eCommerce Activities. You also agree to make available to your customers a refund policy applicable to their online purchases.

  • Product and Service Claims and Warranties . You are solely responsible for all product or service related claims and warranties you make in connection with Your eCommerce Activities. Square will not be liable or responsible for any product or service-related claims made against you by your customers or end users.

  • Customer Service . You are solely responsible for any complaints, inquiries or comments related to Your eCommerce Activities, including without limitation any issues related to payments, promotions, refunds, chargebacks or product and service satisfaction. You agree to provide complete and accurate contact information on your eCommerce websites so that your customers or end users may submit comments, complaints or inquiries to you.

  • Site Terms, Policies, and Legal Compliance . You agree to clearly post, on your eCommerce websites, a privacy and cookie policy, and any other terms or policies that may be required by applicable law. You warrant that your eCommerce websites and Your eCommerce Activities will comply with all applicable laws and regulations, including consumer, eCommerce and related laws. You acknowledge that we will not be liable for your omission of such policies and terms or non-compliance, and we will not provide any legal advice regarding such terms, policies, or compliance.

B. eCommerce Restrictions. In addition to the restrictions set forth in these Additional Product Terms, the General Terms and Payment Terms, YOU WILL NOT offer or sell any Commercial Products that:

  • are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws or regulations, including with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection laws, product safety or trade regulations or export controls, regulations or sanctions;

  • infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;

  • we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent;

  • or use images, names, or likeness of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without the third party’s prior consent.

C. Third Party Payment Processors. In addition to the use of Square as the payment processor, the Services may use third party payment processors to assist us in securely processing your eCommerce payments in connection with Your eCommerce Activity. Your relationship with a third party payment processor is governed by the third party payment processor’s terms and policies. We do not control and are not liable for any third party payment processor or for any transaction you may enter into with or through any third party payment processors. All third party payment processors constitute “Third Party Services” as defined in Section 25 of the General Terms.

II. Your Content and Content Restrictions

In addition to the provisions governing your “Content” in Section 6 of the General Terms you agree to the following:

A. Content Ownership. You are responsible for all Content that you upload, post, transmit or otherwise make available through the Services. Your Content does not include non-personally identifiable e-Commerce transaction or behavioral data derived from your use of our Services (collectively, “Platform Data”). Square owns all Platform Data and uses it to operate and improve the Services. Regarding your Content, you are solely responsible for backing up your Content. We may also preserve your Content and disclose it to the applicable governmental authority if required by law.

B. Content Restrictions. In addition to the restrictions set forth in these Additional Product Terms, the General Terms and Payment Terms, you will not:

  1. upload, post, transmit or otherwise make available any Content that: (i) is hateful and dehumanizing of a protected class (for more information regarding our Hate Prohibition Guidelines, clickhere;(ii)is unsolicited commercial email or “spam”, including unethical marketing, advertising, or any other practice that is in any way connected with “spam”; (iii) is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing (MLM), or other dubious schemes; or (iii) is pornographic or reveals exposed genitalia.

  2. harm minors in any way;

  3. “stalk,” “bully,” or otherwise harass another;

  4. impersonate any person or entity, including, but not limited to, a Square employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

  6. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

  7. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Services outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;

  8. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

  9. use the Services as a forwarding service to another website, or to fraudulently manipulate Google or other SEO rankings or Facebook or other social networking or website “likes” and similar voting mechanisms;

  10. solicit a third party’s passwords, personally identifiable information or sensitive user credentials for unlawful or phishing purposes;

  11. exceed the scope of the Services that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);

  12. engage in excessive advertising on your website, which includes adding more than three ad units per page, or any advertising that greatly reduces the usability of your website;

  13. upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Services;

  14. create a website that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or Content that could provoke seizures in unsuspecting visitors;

  15. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;

  16. abuse our customer support email, chat, or telephone services or agents;

  17. ortake any other action while using the Services which is detrimental to the Services or Square’s reputation, as determined by Square in its sole discretion.

We retain the right to terminate any account or user who has violated any of the prohibitions above.

C. Professional Photos. As part of the Services, we may provide you with professional photos (for a Fee or otherwise) to be used on your websites (“Professional Photos”). By purchasing and/or using any Professional Photos available through the Services, you agree that:

  1. you will use such Professional Photos on your Square website only;

  2. you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such Professional Photos;

  3. if a Professional Photo features an individual in an unflattering or controversial way, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model.

  4. You will not use any Professional Photo: (a) on a standalone basis with no other Content; (b) for pornographic, defamatory, or other unlawful purposes; (c) to create or enable the creation of printed products; (d) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (e) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the Professional Photo; (f) for the purpose of enabling file-sharing of the image file; or (g) in logos, trademarks, service marks or any other branding or identifiers (except for icons provided in the Logo Creator).

III. Fees for Online Store Services

Payment of Fees and Fee Taxes. All Fees are in USD and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Fee Taxes”). It is your responsibility to determine what, if any, Fee Taxes apply to the payments you make, and it is solely your responsibility to assess, collect, report and remit the correct Fee Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you provide your consent to us, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for the Services you may purchase, and (b) any applicable Fee Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees and associated Fee Taxes.

IV. Subscription Auto-Renewals; Cancellation; Service Changes

A. Subscription Auto-Renewals. AT THE END OF YOUR SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUBSCRIPTION TERM OF THE SAME LENGTH UNTIL YOU ACTIVELY CANCEL THE SUBSCRIPTiON, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT SUBSCRIPTION AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH HTTP://HC.WEEBLY.COM OR BY CALLING OUR HELP CENTER AT ANY TIME.

B. Online Store Cancellation. If you cancel your Services, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or Content. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend, disable, or discontinue the Service, partially or entirely, in our sole discretion. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).

V. Themes

If you choose, you may contribute customized website themes (“Custom Themes”) to the Service for use by other sellers. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.

VI. Domain Name Registration, Cancellation, and Change of Registrar

A. Domain Name Services. Some of the paid subscription plans offered by us include domain services. When you choose to register or renew an existing domain name through the domain services, we will only act as the agent between you and the registrar. The domain services are considered Third Party Services, and your use of the domain services are subject to the registrar’s terms and conditions. The current registrar for the domain services is Register.com, and when you use the domain services you will be subject to the Register.com terms and conditions located here . We reserve the right to use another registrar at any time.

B. Free Domain. Square may provide one (1) free domain name for up to one year, with a new purchase of a one year or two year paid subscription plan (“Free Domain Name”). The Free Domain Name will be included for the lifetime of your Square account, and the Free Domain Name will be registered in your name and is yours to keep, as long as you cover any applicable domain name registration and renewal fees following the first year. The Free Domain Name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new paid subscription plan.

C. Domain Name Registration and Activation. For any domain name registrations, you are responsible for providing complete and accurate information regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. We may defer activation of a domain name until payment of the agreed Fees for the registration services has been received. We are in no position to influence the allocation of the domain name by the Registrar.

D. Domain Name Registration Fees. The initial registration term for purchased domains may vary; however, the initial registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal of your domain name forty-five (45) calendar days before your registration term expires (even if that date differs from your website subscription renewal date). You can opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. If you purchase a new domain, or renew an existing domain, and cancel your domain name purchase within the first thirty (30) days by contacting http://hc.weebly.com, you may receive a full refund. Your right and title to your domain name allows you to transfer a purchased domain to another domain name service provider; however, you will not be eligible for a refund of registration fees paid to Square for transferred domains.

You must maintain accurate and current billing information to use the domain services. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.

E. Domain Name Transfers, Renewal and Recovery. Subject to these Terms and those of the registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by Square. If we are unable to transfer your domain name to your new domain name service provider due to an error, failure, or omissions on the part of you, the account holder, or the new domain name service provider, we are entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain name transfers only if you have settled all undisputed pending claims with us.

It may not always be possible to recover a domain name after it has expired, and we have sole discretion in determining when a domain name can be renewed post-expiry and what fees we can charge you. If you forfeit a domain name for non-payment, we will have the right, in our sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name, and allow any new registrant anywhere in the world to register the domain name. You also agree that we may charge the credit card you have on file with us to recover any amounts outstanding on your account.

F. Domain Name Disputes. On certain occasions, domain name registrations may become the subject of a legal challenge. If we are made a party to any legal action related to one of your domain names, you agree to be responsible for all of our costs and legal fees and to indemnify and hold us harmless from any action. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion: (a) suspend, restrict or disable your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

You must notify us immediately if you lose the rights to a domain name registered by us on your behalf.

VII. Email Marketing Service

For the email marketing services provided directly to you by us as part of the Online Store Services (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. Square may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms.

A. Email Marketing Service Responsibilities. Your use of the Email Marketing Service must comply with all applicable domestic and international laws and regulations. This includes the laws applicable to you and also laws applicable to Square and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, consumer protection and other applicable laws. It is your responsibility to know, understand, and comply with the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records.

B. Email Marketing Guidelines. Your use of the Email Marketing Service must follow all applicable guidelines and restrictions established by Square, which are presented as follows (“Email Marketing Guidelines”):

YOU WILL NOT:

  1. Use the Email Marketing Service in violation of these Terms or of any law applicable to you or your Recipients;

  2. Use the Email Marketing Service to send Spam. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails (Please refer to our Email Marketing FAQ located in the Help Center for further guidance on how to become a responsible mailer, as well as the additional ways that Square helps protect against sending unwanted or unsolicited email).

  3. Use the Email Marketing Service to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute;

  4. Use the Email Marketing Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that Square deems inappropriate in its sole discretion;

  5. Transmit any message, information, data, text, software or image, or other Content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity;

  6. Send through the Email Marketing Service any unethical, false or misleading advertising, promotions, or sales efforts and practices;

  7. Post or transmit any Content that contains a virus or corrupted data;

  8. Use purchased or rented email contact lists;

  9. Use third party email addresses, domain names, or mail servers without proper permission;

  10. Send emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com) or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;

  11. Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE);

  12. Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list. Each such link must remain operational for at least 60 days after the date on which you send the message, and you agree that you will not remove, disable or attempt to remove or disable the link;

  13. Disable or fail to comply with any request from a Recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the Recipient to give you any personally identifiable information beyond an email address, or make the Recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the U.S. CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account, for any;

  14. Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email. For any email or message sent by you using the Email Marketing Service, (a) the “from” line must accurately and in a non-deceptive manner identify your identity or your organization’s identity; and (b) the “subject” line of your email must relate to the email’s actual content and must not contain any deceptive or misleading content regarding the overall subject matter of the email message. You agree that you are the sole or designated sender of any email you send through the Email Marketing Service, pursuant to any law or act applicable to your use of the Email Marketing Service (e.g., U.S. CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 and Directive 2003/58/EC of the European Parliament and of the Council of 12 July 2002), and as such you are required to comply with such laws and any other laws in other jurisdictions that apply to your use of the Email Marketing Service, and be responsible for any violation of any such applicable laws.

  15. Fail to include in each email your valid physical mailing address (which if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service) or a link to that information. For Recipients based in the EU, each email must additionally include the sender’s business registration number and VAT ID or a link to that information;

  16. Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a Recipient to forward the email to another recipient; or

  17. Fail to comply with export and import regulations for the U.S. and other countries.

Some industries yield higher than normal abuse rates for Spam. Thus, you may not use the Email Marketing Service, if you intend to use such service for the following:

  • Pharmaceutical products;
  • Work from home, make money online, “get rich schemes”, and lead generation opportunities;
  • Online trading, day trading tips, or stock market-related content;
  • Mortgage and loan content;
  • Nutritional, herbal and vitamin supplements;
  • Gambling services, products, or tips;
  • Multi-level marketing;
  • Affiliate marketing or any type of performance marketing, in which a business rewards or otherwise incentivizes one or more affiliates for each visitor or customer brought by the affiliate’s own marketing efforts;
  • Credit repair and get out of debt opportunities; and
  • Counterfeit or “knock-off” products.

It is your responsibility to ensure that the Content you put in your emails does not violate these Email Marketing Guidelines. Although Square has no obligation to do so, we may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Email Marketing Service that may be in violation of the foregoing or of these Terms (including SendGrid Terms, as defined below). You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your emails and Content also has the right to reformat, edit, monitor, reject, block or remove any of your emails and Content and suspend or terminate the Email Marketing Service, in whole or in part, permanently or temporarily. In no case will the foregoing make us responsible or liable to you for compliance with any such laws or obligations, for which you remain solely responsible and liable.

If you know of or suspect any violations of these Terms, please notify ushere.

C. Use of Sendgrid. In order to provide the Email Marketing Service, we currently useSendGrid’s API as a Third Party Service. Your use of the Email Marketing Service is governed by SendGrid’s terms and policies, including, without limitation, SendGrid’s Terms of Use and SendGrid’s Privacy Policy (“SendGrid Terms”). SendGrid Terms are in addition to these Terms, and you will comply with both as applicable to the Email Marketing Service.

You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all customer information (such as contact lists) (“Customer Information”) . You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights in the material in your emails and the Customer Information required for us to use the Customer Information as contemplated by these Terms.

When using the Email Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has granted to us (or sub-licensed to us through you) a non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.

To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Email Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information.

4. Employee Management

You are responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you, your employees or independent contractors provide or directly input via the Services or any other method. We are entitled to rely upon, and are not obligated to independently verify, all such information. Employee and independent contractor access to such Services does not create any contract, customer or employment relationship between us and your employees or your independent contractors. You understand and agree that we merely make such Employee Management services available to your employees or independent contractors on your behalf as a convenience.

We will not be liable for any penalty, interest or other liability that results from information you or your employees supply. You are ultimately responsible for your compliance with all federal, state, and local laws, and any citations, fines, penalties or costs associated with noncompliance. You acknowledge and agree that Employee Management may not include all features and functionality necessary to run your business and to meet all federal, state, and local reporting obligations applicable to your business. You are responsible for determining whether Employee Management meets your reporting needs and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services.

5. Online Community

Square provides an Online Community help forum for Sellers to share information and best practices relating to their use of Square Services. All Seller questions, answers, opinions, or information, whether text, image, or video, contributed to the Online Community constitute “Content” and are governed by Section 6 of the General Terms, including that you grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services and Square’s business. By participating in the Online Community you acknowledge that you are participating in a public forum and have no expectation of privacy in your Content, which will be available to the public. Only Sellers may contribute to the Online Community. Square does not endorse and is not responsible for the accuracy, usefulness or applicability of Content posted in the Online Community. You may encounter content that is inaccurate, inapplicable, or offensive. If the possibility of encountering such content will be offensive or harmful to you, you should not participate in the Online Community.

If you provide suggestions, comments, proposals, feature requests, or other feedback with respect to our current or future products or Services, you agree that such content is not confidential or proprietary and shall not create any confidentiality obligations on us, you acknowledge that we may independently have similar ideas under consideration or development, and you are not entitled to compensation, payment or reimbursement of any kind for such content from us under any circumstances unless you are otherwise notified in writing by us.

Square may remove posts that are offensive, that violate the Community Guidelines, or for any other reason we deem appropriate. Square may also limit or terminate your use of Online Community or our Services if, in our sole judgment, you abuse or inappropriately use the Online Community. Examples of the types of violations that may result in immediate post removal, suspension, or termination from the Online Community or our Services include:

  • Violating any laws, the General Terms or Additional Terms, or infringing any third party rights;
  • Posting any material that is false, misleading, defamatory or invasive of another person’s right of privacy or right of publicity;
  • Posting any material that is harmful, obscene, harassing, offensive, or threatening;
  • Collecting information about others without their consent;
  • Copying, modifying or distributing Content or the Online Community content or otherwise infringing on copyrights and trademark rights;
  • Solicitations of other Online Community members or SPAM of any kind;
  • Using any material obtained through the Online Community for commercial purposes;
  • Continuous violations of Community Guidelines.

We have no obligation to monitor the Online Community but may do so at our sole discretion and as we deem appropriate. Please report inappropriate or offensive content, policy violations or other problems to community@squareup.com or flag it within the community.

6. Survival

Sections 2 (Gift Cards) and 5 (Online Community) will survive termination of these Additional Point of Sale Terms, in addition to those that survive under Section 12 of the General Terms.

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