Terms and Conditions of Use
The following terms and conditions (the “Terms and Conditions”) governs your use of the shiney.com and theshineystudios.com (“THE SHINEY”), and any content made available from or through THE SHINEY, including any subdomains thereof. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on THE SHINEY. By using THE SHINEY, you accept and agree to these terms and conditions as applied to your use of the web site. If you do not agree to these Terms and Conditions, you may not access or otherwise use THE SHINEY.
THE SHINEY owns, solely and exclusively, all rights, title and interest in and to THE SHINEY, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of THE SHINEY, including but not limited to any copyrights, trademark, rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of THE SHINEY does not grant to you ownership of any content, code, data or materials you may access on or through THE SHINEY.
You may access and view the content on THE SHINEY on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on THE SHINEY, make single copies or prints of the content on THE SHINEY for your personal, internal use only. Use of THE SHINEY and the services offered on or through THE SHINEY are only for your personal, non-commercial use.
RSS (really simple syndication) service is a means by which THE SHINEY offers feeds of story headlines in XML format (“RSS Content”) to visitors to THE SHINEY who use RSS aggregators. These Terms and Conditions govern your use of the RSS Service.
Use of RSS Feeds
RSS is a free service offered by THE SHINEY for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by THE SHINEY, and you may not edit or modify the text, content or links supplied by THE SHINEY. For web posting, reprint, transcript or licensing requests for THE SHINEY material, please sent your request to firstname.lastname@example.org.
Link to Content Pages
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on THE SHINEY. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable THE SHINEY web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable THE SHINEY web page.
THE SHINEY retains all ownership and other rights in the RSS Content, and any and all THE SHINEY logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate THE SHINEY website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate THE SHINEY’s logo that we have incorporated into the RSS feed.
Right to Discontinue Feeds
THE SHINEY reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms and Conditions. THE SHINEY assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
Any commercial or promotional distribution, publishing or exploitation of THE SHINEY, or any content, code, data or materials on THE SHINEY, is strictly prohibited unless you have received the express prior written permission from authorized personnel of THE SHINEY or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through THE SHINEY. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through THE SHINEY, including without limitation, the alteration or removal of any trademarks, trade names, logos, services marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through THE SHINEY. If you make other use of THE SHINEY, or the content, code, data or materials thereon or available through THE SHINEY, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on THE SHINEY, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, person/job search and other classified ads, and elsewhere. Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:
No strong, vulgar, obscene, or otherwise harmful language
No racially, ethnically or otherwise, objectionable language
No harassing, intimidating, stalking, or threatening other community members
No libelous, defamatory, or otherwise tortuous language
No online vandalism. This includes using abusive language or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges
No impersonating any person.
No posting, distributing, transmitting, or promoting illegal content
No invasion of another’s privacy
No actions that are harmful to minors
No manipulation or forging of identifiers in order to disguise the origin of any information posted on THE SHINEY or otherwise provided to THE SHINEY.
No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law
No posting, providing, transmitting, or otherwise making available any junk mail or spam
No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.)
No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange
No collecting, storing, or posting of personal data about or of other community members
No soliciting of any kind on the message boards
If for any reason you are suspected of engaging in any of the abovementioned actions, there will be consequences that may eventually, if not automatically, lead to banning from THE SHINEY.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on THE SHINEY or on content available through THE SHINEY are registered and unregistered Trademarks of THE SHINEY and others may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any many that disparages or discredits their rights holder. All Trademarks not owned by THE SHINEY that appear on THE SHINEY or on or through THE SHINEY’s services, if any, are the property of their respective owners. Nothing contained on THE SHINEY should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on THE SHINEY without the written permission of THE SHINEY or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on THE SHINEY or on or through any of THE SHINEY’s services is strictly prohibited.
Prohibited User Conduct
You warrant and agree that, while using THE SHINEY and its services, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of THE SHINEY’s content, materials or services (for example, without limitation, in an RSS feed or a podcast), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through THE SHINEY. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through THE SHINEY or its services, including without limitation any information residing on any server or database connected to THE SHINEY or its services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use THE SHINEY or the services made available on or through THE SHINEY in any manner with the intent to interrupt, damage, disable, overburden, or impair THE SHINEY or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use THE SHINEY or its services or features in violation of THE SHINEY’s intellectual property or other proprietary or legal rights; or (v) use THE SHINEY or its services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with THE SHINEY or its services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use THE SHINEY in any manner that could damage, disable, overburden, or impair THE SHINEY or interfere with any other party’s use and enjoyment of THE SHINEY or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through THE SHINEY.
THE SHINEY may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through THE SHINEY. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through THE SHINEY or any service or feature made available on or through THE SHINEY, any materials which (i) restrict or inhibit any other user from using and enjoying THE SHINEY or its services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from THE SHINEY. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor Editorial Control
THE SHINEY reserves the right, but does not have an obligation, to monitor and/or review all materials posted to THE SHINEY or through its services or features by users, and THE SHINEY is not responsible for any such materials posted by users. However, THE SHINEY reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in THE SHINEY’s sole discretion are objectionable or in violation of this Terms and Conditions, THE SHINEY’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms and Conditions or applicable law, or for any other reason without notice or liability.
Private or Sensitive Information on Public Forums
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on THE SHINEY and elsewhere on the internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to THE SHINEY
You agree that if you include a link from any other web site to THE SHINEY, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of THE SHINEY. You are not permitted to link directly to any image hosted on THE SHINEY or its services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on THE SHINEY on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to THE SHINEY in any manner such that THE SHINEY, or any page of THE SHINEY, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to THE SHINEY be discontinued, and to revoke your right to link to THE SHINEY from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold THE SHINEY and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of THE SHINEY, your placement or transmission of any message, content, information, software or other materials through THE SHINEY, or your breach or violation of the law or of these Terms and Conditions. THE SHINEY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with THE SHINEY’s defense of such claim.
Orders for Products and Services
We may make certain products available to visitors and registrants of THE SHINEY. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to THE SHINEY. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through THE SHINEY may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Third Party Web Sites
You may be able to link from THE SHINEY to third party web sites and third party web sites may link to THE SHINEY (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on THE SHINEY does not imply our endorsement, sponsorship, or recommendation of that site. THE SHINEY disclaims any liability for links (1) from another web site to THE SHINEY and (2) to another web site from THE SHINEY. THE SHINEY cannot guarantee the standards of any web site to which links are provided nor shall THE SHINEY be held responsible for the contents of such sites, or any subsequent links. THE SHINEY does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, THE SHINEY is not responsible for any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Advertisements and Promotions
THE SHINEY may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than THE SHINEY, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. THE SHINEY is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on THE SHINEY.
We respect the intellectual property rights of others, and require that the people who use THE SHINEY, or the services or features made available on or through THE SHINEY, do the same. If you have reason to believe that your intellectual property has been copied and/or is accessible on THE SHINEY in a way that constitutes copyright infringement, or that THE SHINEY contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) set forth below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at THE SHINEY are covered by a single notification, a representative list of such works at THE SHINEY;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted works;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
THE SHINEY, including without limitation, all services, content, functions and materials provided through THE SHINEY, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that THE SHINEY or the services, content, functions or materials provided through THE SHINEY will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that THE SHINEY or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through THE SHINEY shall create any warranty not expressly made herein. THE SHINEY also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing of THE SHINEY or your downloading of any materials, data, text, images, video content, or audio content from THE SHINEY. If you are dissatisfied with THE SHINEY, your sole remedy is to discontinue using THE SHINEY. We try to ensure that the information posed is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on THE SHINEY at any time and without any prior warning. THE SHINEY neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on THE SHINEY, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorized THE SHINEY employee spokespersons while acting in their official capacities (including, without limitation, other users of THE SHINEY). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through THE SHINEY. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained on THE SHINEY shall be construed as investment advice. THE SHINEY is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another. Without limitation of the above in this section, THE SHINEY and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via THE SHINEY, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or service literature, frequently asked questions, documents and otherwise on THE SHINEY or in correspondence with THE SHINEY or its agents. Any products and services ordered or provided via THE SHINEY are provided by THE SHINEY “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and THE SHINEY or its licensor or supplier.
Limitation of Liability
In no event, including but not limited to negligence, shall THE SHINEY, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, THE SHINEY or the content, materials and functions related thereto, your provision of information via THE SHINEY, lost business or lost sales, even if such Protected Entities have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchange or received by or on behalf of any user or other person on or through THE SHINEY. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of THE SHINEY exceed, in the aggregate, the amount, if any, paid by you to THE SHINEY for your use of THE SHINEY or purchase of products via THE SHINEY.
A very small percentage of people may experience a seizure when exposed to certain visual image, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a myriad of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using THE SHINEY and consult a doctor.
We control and operate THE SHINEY from our offices in the United States of America. We do not represent that materials on THE SHINEY are appropriate or available for use in other locations. Persons who choose to access THE SHINEY from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are appropriate. All parties to these terms and conditions waive their respective rights to a trial by jury.
THE SHINEY may terminate, change, suspend or discontinue any aspect of THE SHINEY or its services at any time. THE SHINEY may restrict, suspend or terminate your access to THE SHINEY or its services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. THE SHINEY maintains a policy that provides for the termination in appropriate circumstances of THE SHINEY use privileges of users who are repeat infringers of intellectual property rights.
THE SHINEY reserves the rights, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of THE SHINEY and/or the services made available on or through THE SHINEY after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Kansas, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Kansas, Bourbon County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bourbon County in the State of Kansas. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.