Terms & Conditions
- Please read these Terms before using the Site. By using the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a purchaser on the Site ("Users").
For the avoidance of doubt, the "Site" shall mean www.shiningunicorn.com and any other shiningunicorn’s branded websites, web pages, mobile applications and mobile websites in operation in the United States, and the "Products" shall mean any of the various Products that Company provides through the Site or any other channels, including over the telephone. However, the terms "Site" and "Products" do not include the sites or products offered by any other shiningunicorn’s affiliates and subsidiaries, including without limitation, our international subsidiaries. The products and sites offered by such other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the www.shiningunicorn.com Site or Products. Such entities' use of the www.shiningunicorn.com Site and Products are subject to separate terms that they agreed when they registered with www.shiningunicorn.com.
- Acceptance of Terms
By accessing or using this Site you agree to be legally bound by the Terms and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.
- Modification of Terms
These Terms may be amended by shiningunicorn at any time. Such amended Terms shall be effective upon posting. By continuing to access or use the Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Company reserves the right to discontinue or make changes or updates with respect to the Site or the contents of the Site at any time without notice. Company reserves the right to restrict, refuse or terminate access of any person to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is" and "as available." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY; (3) WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF OUR SITE TO PROVIDE THE PRODUCTS.
You assume all risk when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses.
- Customer Registration
- Termination of User
shiningunicorn reserves the right in its sole discretion to terminate your access to all or part of the Site, to close your account and/or remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration, for any reason or no reason, with or without notice. If we terminate your registration, Company has no obligation to notify you of the reason, if any, for your termination.
- Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE CONTENT OR THE USER CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL COMPANY AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
- Third Party Content
Company is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether or not such hyperlink is provided by the Site or by a third party in accordance with the Terms. Any link on our Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.
- Copyright and Trademarks
Copyright, trademarks, and all other proprietary rights provided by shiningunicorn, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of this Site, all belong to Company and/or its brand licensees, other partners or licensors. All rights in the content not expressly granted herein are reserved. The content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws and may not be reproduced, republished, transmitted, distributed, or used on any other website.
- shiningunicorn is a registered trademark.
- shiningunicorn and all other registered trademarks of shiningunicorn and its affiliates are important assets of the Company.
The use and registration of the shiningunicorn name is exclusively reserved to the Company. You may not register, nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the shiningunicorn name or any name similar thereto or any name which consists of a part of Company name forms part nor shall it include any other registered trademark owned by shiningunicorn.
- S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send us a notice immediately at firstname.lastname@example.org.
- Indemnification and Release
You agree to indemnify and hold harmless Company, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User content you submit on the Site or any violation of these Terms by you. In the event of any complaint or legal action arising from any message, or any other User content posted by you, Company reserves the right to reveal your identity and any other information Company may have about you.
- Shut-Down of Site
We have the sole right to shut down the Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and/or User content submitted to the Site.
- Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree to the exclusive jurisdiction of the courts in Orange County, California, USA for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms or your use of this Site, including any disputes relating to the existence or validity of these Terms, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Orange County, California, USA.
If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- No Waiver
No failure on the part of Company to enforce any part of these Terms shall constitute a waiver of any of Company' rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by Company nor the reliance of any person on Company' actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Company shall have any legal effect whatsoever.