Below are Shiny Media’s user agreement.
You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other “hidden text” using the “SHINY MEDIA” name or any other of Shiny Media’s names or trade marks.Shiny Media reserves the right to edit or delete any content on the Website. However, Shiny Media assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by emailing[email protected] or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.Member Specific TermsYour Account. On registering as a Member of a particular site, Shiny Media will allow you to select a username and password which will enable you to access your membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Website that occurs using your account or password.Wherever you contribute to the Website, you will be identified by your username. If you do not want to be identified in this way, pleaseadjust the settings on your user profile accordingly.Services. By registering as a Member on the Website, you may benefit from a number of services not available to the Website’s visitors.These services include:Members’ Content. Shiny Media does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members (“Member Content”). By posting any content on the Website, you grant Shiny Media a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in Shiny Media’s publicity or marketing materials and on any other Shiny Media branded websites and Shiny Media branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to Shiny Media and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person (because it has been taken from another site or otherwise). You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where you have permission to do so.Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you make are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis.You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or servicesShiny Media’s Control. Shiny Media reserves the right to refuse access to the Website and to suspend or terminate Members’ accounts in its sole and arbitrary discretion. While Shiny Media prohibits persons under the age of 14, Shiny Media cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Shiny Media is not responsible for the acts and omissions of Members or users of the Website.Information Control. Shiny Media cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that Shiny Media is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a directcontract with the relevant Third Party Provider unless stated otherwise. Shiny Media does not review content provided by Third PartyProviders, never owns the Third Party Providers’ products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.Changes to this Agreement. Shiny Media reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website iserror-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionallysuspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limitthe frequency and duration of any such suspension or restriction.Shiny Media reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users orgenerally. Shiny Media shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may becontained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect yourcomputer software and hardware.Exclusion of Warranties. Shiny Media gives no warranties whatsoever in relation to the Websites or any Shiny Media Content, Member Content, third party content, products or services posted, displayed or made available on the Website. Shiny Media excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. Shiny Media expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any ofthe above mentioned warranties, the above disclaimers will not apply to you.Limitations of Liability.Shiny Media excludes liability and responsibility for any loss that might result to you or a third party arising from or in connectionwith: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on theWebsite; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.Shiny Media excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.In no circumstances shall Shiny Media be liable to you for any amount exceeding £100 (one hundred pounds sterling).Nothing in this User Agreement excludes or limits Shiny Media’s liability for death or personal injury or fraud by Shiny Media.Indemnity. You agree to indemnify and hold harmless Shiny Media, its licensors and suppliers, all of their affiliates, and all of theirrespective 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 court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.Entire Agreement / Waiver. This Agreement represents the entire agreement between you and Shiny Media in relation to your use of the Website(s) (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral orelectronic) between you and Shiny Media with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by Shiny Media of any right or remedy under this Agreement will prevent Shiny Media from enforcing any of its rights or remedies in any other situation you breach this Agreement.Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Shiny Media as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to theContent of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided,however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified insection 17 below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation andArbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.Governing Law. This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicitedcommunications of any kind through the Website, you acknowledge that you will have caused substantial harm to Shiny Media, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay Shiny Media £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages Shiny Media would suffer as a result of your transmitting unsolicited communications via the Website.