AGREEMENT BETWEEN USER AND Shine-A-Light, Corp.
The Shine-A-Light Corp. Web Sites (shinealightcorp.com, shinealightpress.com and shinealightentertainment.com) are comprised of various Web pages operated by Shine-A-Light Corp.
The Shine-A-Light Corp. Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any of the Shine-A-Light Corp. Web Sites constitutes your agreement to all such terms, conditions, and notices.
Shine-A-Light Corp. offers a wide range of services, and sometimes additional terms may apply. When you use a Shine-A-Light Corp service you also will be subject to the guidelines, terms and agreements applicable to that service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Shine-A-Light Corp. reserves the right to change the terms, conditions, and notices under which Shine-A-Light Corp. Web Sites are offered, including but not limited to the charges associated with the use of the Shine-A-Light Corp. Web Sites.
LINKS TO THIRD PARTY SITES
Shine-A-Light Corp. Web Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Shine-A-Light, Corp. and Shine-A-Light, Corp. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Shine-A-Light, Corp. is not responsible for webcasting or any other form of transmission received from any Linked Site. Shine-A-Light, Corp. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shine-A-Light, Corp. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Shine-A-Light Corp. Web Sites, you warrant to Shine-A-Light Corp. that you will not use Shine-A-Light Corp. Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Shine-A-Light Corp. Web Sites in any manner which could damage, disable, overburden, or impair Shine-A-Light Corp. Web Sites or interfere with any other party’s use and enjoyment of Shine-A-Light Corp. Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Shine-A-Light Corp. Web Sites.
USE OF COMMUNICATION SERVICES
Shine-A-Light Corp. Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, product reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Shine-A-Light Corp. has no obligation to monitor the Communication Services. However, Shine-A-Light Corp. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Shine-A-Light Corp. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Shine-A-Light Corp. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Shine-A-Light Corp.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Shine-A-Light Corp. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Shine-A-Light Corp. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Shine-A-Light, Corp. spokespersons, and their views do not necessarily reflect those of Shine-A-Light Corp.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
When you use Shine-A-Light Corp. Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on Shine-A-Light Corp Web Sites or through the other Shine-A-Light Corp. Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may post reviews, comments, photos, videos, and other content; and send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Shine-A-Light Corp. reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Shine-A-Light Corp. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shine-A-Light Corp. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shine-A-Light Corp. for all claims resulting from content you supply. Shine-A-Light Corp. has the right but not the obligation to monitor and edit or remove any activity or content. Shine-A-Light Corp. takes no responsibility and assumes no liability for any content posted by you or any third party.
MATERIALS PROVIDED TO SHINE-A-LIGHT CORP. OR POSTED AT ANY SHINE-A-LIGHT CORP. WEB SITE
Shine-A-Light Corp. does not claim ownership of the materials you provide to Shine-A-Light Corp. (including feedback and suggestions) or post, upload, input or submit to any Shine-A-Light Corp. Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Shine-A-Light Corp., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Shine-A-Light Corp. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Shine-A-Light Corp.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SHINE-A-LIGHT CORP. WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHINE-A-LIGHT CORP. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SHINE-A-LIGHT CORP. WEB SITES AT ANY TIME. ADVICE RECEIVED VIA SHINE-A-LIGHT CORP. WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SHINE-A-LIGHT CORP. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SHINE-A-LIGHT CORP. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHINE-A-LIGHT CORP. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: email@example.com
Shine-A-Light Corp. reserves the right, in its sole discretion, to terminate your access to Shine-A-Light Corp. Web Sites and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Yavapai County, Arizona, U.S.A. in all disputes arising out of or relating to the use of Shine-A-Light Corp. Web Sites. Use of Shine-A-Light Corp. Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shine-A-Light Corp. as a result of this agreement or use of Shine-A-Light Corp. Web Sites. Shine-A-Light Corp.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shine-A-Light Corp.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Shine-A-Light Corp. Web Sites or information provided to or gathered by Shine-A-Light Corp. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Shine-A-Light Corp. with respect to Shine-A-Light Corp. Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shine-A-Light Corp. with respect to Shine-A-Light Corp. Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All content included in or made available through any Shine-A-Light Corp. Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Shine-A-Light Corp. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Shine-A-Light Corp. Service is the exclusive property of Shine-A-Light Corp. and protected by U.S. and international copyright laws. All contents of Shine-A-Light Corp. Web Sites are: Copyright 2020 by Shine-A-Light Corp. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Shine-A-Light Corp. Service are trademarks or trade dress of Shine-A-Light Corp. in the U.S. and other countries. Shine-A-Light Corp.’s trademarks and trade dress may not be used in connection with any product or service that is not Shine-A-Light Corp.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Shine-A-Light Corp. All other trademarks not owned by Shine-A-Light Corp. that appear in any Shine-A-Light Corp. Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shine-A-Light Corp.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Shine-A-Light Corp. or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Shine-A-Light Corp. Services. This license does not include any resale or commercial use of any Shine-A-Light Corp. Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Shine-A-Light Corp. Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Shine-A-Light Corp. or its licensors, suppliers, publishers, rightsholders, or other content providers. No Shine-A-Light Corp. Service, nor any part of any Shine-A-Light Corp. Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shine-A-Light Corp. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shine-A-Light Corp. without express written consent. You may not use any meta tags or any other “hidden text” utilizing Shine-A-Light Corp.’s name or trademarks without the express written consent of Shine-A-Light Corp. You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Shine-A-Light Corp. account to use certain Shine-A-Light Corp. Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Shine-A-Light Corp. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Shine-A-Light Corp. Services only with involvement of a parent, teacher or guardian. Parents, teachers and guardians may create profiles for teenagers in their Shine-A-Light Corp. Household or Educational Institution. Shine-A-Light Corp. reserves the right to refuse service, terminate accounts, terminate your rights to use Shine-A-Light Corp. Services, remove or edit content, or cancel orders in its sole discretion.
INTELLECTUAL PROPERTY COMPLAINTS
Shine-A-Light Corp. respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at: firstname.lastname@example.org.
RISK OF LOSS
All purchases of physical items from Shine-A-Light Corp. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Shine-A-Light Corp. does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Shine-A-Light Corp. does not take title to the refunded item.
Shine-A-Light Corp. attempts to be as accurate as possible. However, Shine-A-Light Corp. does not warrant that product descriptions or other content of any Shine-A-Light Corp. Service is accurate, complete, reliable, current, or error-free. If a product offered by Shine-A-Light Corp. itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Shine-A-Light Corp. and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Shine-A-Light Corp.
With respect to items sold by Shine-A-Light Corp., we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Shine-A-Light Corp. is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Shine-A-Light Corp. you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Shine-A-Light Corp. Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Shine-A-Light Corp. Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Shine-A-Light Corp. Software), technology, and services.
Parties other than Shine-A-Light Corp. operate stores, provide services or software, or sell product lines through the Shine-A-Light Corp. Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Shine-A-Light Corp. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Shine-A-Light Corp. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.