The creators of shinywhitebox.com (shinywhitebox ltd), also known as, “Us”, or “We”, provide various digital products (also known as “shinywhitebox products”) including all related content on shinywhitebox.com and forums.shinywhitebox.com (the “Site”) subject to the compliance with the terms and conditions below by any user who accesses the Site (“You”). PLEASE READ THIS BEFORE ACCESSING THE SHINYWHITEBOX SITE. BY ACCESSING THE SHINYWHITEBOX SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SHINYWHITEBOX SITE.
1. Rules. While visiting the Site, You may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner contrary to law or that would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services or software offered on or through the Site, by hacking, password mining or any other illegitimate or legitimate means. You may be exposed to content that You find offensive, indecent, or objectionable or that is inaccurate, and You bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms and conditions or that is otherwise objectionable. Our Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over other sites, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
2. Monitoring. We have no obligation to monitor the Site. However, You agree that We have the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect any person or entity. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of these terms and conditions.
3. Privacy. We cannot ensure or guarantee privacy for Site users. Any use of this Website shall be at the sole risk of the user, and there shall be no liability in connection with your use.
4. Buying over the Internet. When making purchases via PayPal, Kagi or other service through the Site or the Internet, You may be asked to supply certain personal information, including credit card or other payment mechanisms. You agree that all information You provide will be accurate and complete. You agree to pay all charges incurred by You or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases of shinywhitebox products. We are in no way responsible for any charges You or any user of your account incurs when making purchases or other transactions.
5. Limitation of Liability. We take no responsibility for the accuracy or validity of any claims or statements contained in the information, documents and related graphics on the Site. Further, We make no representations about the suitability of any of the information contained in software programs, information, documents and related graphics on the Site for any purpose. All such software programs, information, documents and related graphics are provided without warranty of any kind. In no event shall We be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use of information or software available from the Site.
6. Recourse. If You are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in relation to the Site, your sole and exclusive remedy is to discontinue using the Site.
7. Confidential Information. You authorize shinywhitebox ltd to collect from any party and to retain all relevant information relating to your use of the Site, and You hereby authorize any party to provide Us with such information. You understand and agree that unless You provide notice to the contrary by e-mailing Us, You further authorize shinywhitebox ltd to disclose, on a confidential basis, to any party with whom We have business relations all relevant information relating to your dealings with Us and the Site.
8. Indemnity. You agree to defend, indemnify and hold shinywhitebox ltd and its affiliates (including affiliates and family members of shinywhitebox ltd) and related persons and/or entities harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms and conditions by You or others, or arising in connection with the use of the Site or iShowU, Stomp, iShowU (or any other products that may be on the shinywhitebox ltd website from time to time) or the Internet, including but not limited to the placement or transmission of any message, information, software or other materials on the Site or on the Internet by You or others.
9. Intellectual Property. We do not claim any ownership in the intellectual property rights of others. All product, brand, or company names not belonging to Us are the intellectual property of their respective owners.
10. DISCLAIMER. THE SOFTWARE AND INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE AND INFORMATION CONTAINED ON THIS WEBSITE IS ASSUMED BY THE USER, AND IN NO EVENT WILL WE (INCLUDING AFFILIATES AND FAMILY MEMBERS OF shinywhitebox ltd) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE AND INFORMATION CONTAINED ON THIS WEBSITE.
11. Miscellaneous. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between shinywhitebox ltd and You pertaining to the subject matter hereof. A failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provisions or rights. If any of the provisions contained in these terms and conditions are determined to be void, invalid or otherwise unenforceable, such determination shall not affect the remaining provisions contained herein. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. Unless otherwise agreed in writing, any disputes shall be resolved through good faith negotiation; if disputes remain unresolved after negotiation, the Parties agree to utilize a simple and mutually acceptable form of alternative dispute resolution that may be conducted through telephonic or electronic means. This Agreement shall be binding upon and shall inure to the benefit of shinywhitebox ltd (including affiliates and family members of the shinywhitebox ltd), their heirs, successors, and assigns. We may change these terms and conditions from time to time. By continuing to use the Site after such change has been provided on a website relating to shinywhitebox.com, you signify your consent to the revised terms.