Shiny Orb Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SERVICES PROVIDED ON THIS WORLD WIDE WEB SITE LOCATED AT WWW.SHINYORB.COM (THE "SITE") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Shiny Orb reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Your continued use of the Site shall constitute your consent to such changes.

General Use Restrictions

Shiny Orb and its licensors retain all rights in the information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials").

Shiny Orb grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site on such computer, provided that: (1) both the Shiny Orb copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party, or otherwise used or distributed for any commercial purpose). You acknowledge and agree that you have no right to, and will not, modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of Shiny Orb or the owner of such Material, respectively.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of Shiny Orb.

Third Party Content

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Shiny Orb (the "Third Party Content"). Shiny Orb does not endorse or approve and is not responsible for monitoring, reviewing or the accuracy, completeness or reliability of any opinion, advice, information or statement made on this Site by the Third Party Content and you agree that you shall have no right of recourse against Shiny Orb for any liability arising out of your use (or lack thereof) of such Third Party Content.

Availability

Shiny Orb will not be responsible for any downtime or unavailability of the Site. Shiny Orb reserves the right to alter, modify or discontinue the Site or any content or services therein at any time without notice.

Links To Third Party Sites

This Site includes links to other World Wide Web sites or resources ("External Web Sites"). Shiny Orb does not control, endorse or approve such External Web Sites or any services, resources, products or content available therein. Because Shiny Orb has no control over External Web Sites, you acknowledge and agree that Shiny Orb is not responsible for anything relating to, or any results of, your use of or access to such External Web Sites or any services, resources, products or content therein. You further acknowledge and agree that Shiny Orb shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any External Web Sites or any services, resources, products or content therein. Finally, such External Web Sites usually have their own terms and conditions, including privacy policies, over which Shiny Orb has no control and which will govern your rights and obligations with respect to the use of those External Web Sites. You use such External Web Sites at your own risk, so Shiny Orb encourages you to read and consider all such terms, conditions and policies before providing any information or using any services, resources, products or content available on any External Web Sites.

Dressing Rooms and Blogs

You agree that you will use the Dressing Room function provided by Shiny Orb for only lawful purpose. You agree not to post or publish any scandalous, libelous, defamatory or otherwise inappropriate material in the Dressing Room or on our Blog page or anywhere else on our Site. Shiny Orb has the right in its sole discretion to remove any such material, without notice to you.

Privacy Policy

Any information, including but not limited to email and other information, you may supply to us is governed by the Shiny Orb Privacy Policy.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not Shiny Orb, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. By making any Submission, you represent and warrant that such Submission will not infringe, misappropriate or otherwise violates the rights of any other party, and shall comply with all laws and regulations; you agree to indemnify and hold Shiny Orb harmless from any breach of the foregoing. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Shiny Orb shall be free to use, incorporate or disseminate a Submission on an unrestricted basis for any purpose without payment to any party. If you submit information to the Site, you grant Shiny Orb a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, use, copy, exploit, publish and prepare derivative works of the Submission with the right to use, copy, exploit and publish the derivative works. YOU RETAIN ALL OTHER OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO SHINY ORB.

Trademarks

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Shiny Orb or others used on this Site are the property of Shiny Orb or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of Shiny Orb or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, the look and feel of the Site, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Shiny Orb or its licensors unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.

Copyrights and Other Intellectual Property Rights

Shiny Orb respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the claim of infringement in writing to Shiny Orb at info[at]shinyorb[dot]com.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Shiny Orb, and agree that Shiny Orb does not warrant the accuracy, completeness or timeliness of the Materials and further agree that Shiny Orb has no liability for any errors or omissions in the Materials, whether provided by Shiny Orb or its licensors.

SHINY ORB, FOR ITSELF AND EACH OF ITS LICENSORS AND SUPPLIERS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. SHINY ORB DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

NEITHER SHINY ORB NOR ANY OF ITS PRINCIPALS, PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED OR LOSS OF USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THIS LIMITATION OF LIABILITY AND SOLE AND EXCLUSIVE REMEDY YOUR ONLY RECOURSE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF SHINY ORB WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Shiny Orb, its principals, affiliates, officers, directors, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Site and/or; your connection to the Site; (2) your violation of the rights of others, these Terms, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.

General

Shiny Orb controls and operates this Site from its headquarters in Berkeley, CA and makes no representation that the Materials or any Third Party Content on the Site are appropriate or will be available for use in locations other than the United States. If you use this Site you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Alameda County, California. These Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of Shiny Orb. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of Shiny Orb shall be null and void. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Shiny Orb to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shiny Orb in writing. These Terms comprise the entire agreement between you and Shiny Orb and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.