Terms and Conditions of Online Forum Use
General
Thank you for visiting our Online Forum. This Agreement (the "Terms of Use" or "Usage Agreement") sets forth the terms and conditions that apply to your access to and use of the Online Forum. By using our Online Forum, you agree to comply with all of the terms and conditions hereof. Notwithstanding anything in this Agreement, Your use of this Online Forum is subject to the terms and conditions or all other agreements between You and Shainin and Shainin reserves the right to terminate Your use of this Online Forum for any violation of any agreement between You and Shainin. You shall be responsible for protecting the confidentiality of your password(s). Please see our Privacy Policy for terms applicable to our data collection and use practices.
Shainin reserves the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Online Forum that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Usage Agreement so that you always know what terms and conditions apply to your access to and use of this Online Forum. Your continued use of our Online Forum after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. We may change, restrict access to, suspend, or discontinue this Online Forum, or any portion of this Online Forum, at any time.
Ownership; License
Shainin's Online Forum and all content displayed on this Online Forum and all software, data and information used to provide this Online Forum, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Red X Holdings, LLC ("Red X Holdings"), its affiliates or licensors, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Online Forum as necessary in connection with the use of any services available through the Online Forum. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Online Forum or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Shainin and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Online Forum as authorized hereunder.
Certain Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without express written permission of Shainin. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Online Forum, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Online Forum, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Red X Holdings or any of its affiliates without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Online Forum using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose.
Links
This Online Forum may provide links or references to third party sites that Shainin does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Shainin has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Online Forum, and such links do not imply endorsement of such other third party sites or the content contained therein by Shainin. Shainin disclaims all liability with regard to your access to such linked Online Forum, and access to any other Internet web site linked to this Online Forum is at your own risk. You should consult the terms of use and privacy policy of any other Internet web site. You release and discharge Shainin, its affiliates, and licensors from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Your Account
If you use this Online Forum, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, yu may be held liable for losses incurred by us or any other user of or visitor to our Online Forum due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
This Online Forum does not sell products or services for children, but it sells products and services to adults, who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Disclaimer of Warranties; Limitation of Liability
There may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Online Forum, including information, goods and services referred to, advertised or promoted on or sold through the Online Forum. This Online Forum and all information, products or services available through it are provided by Shainin on an "as is" basis without warranties of any kind, either express or implied. Neither Shainin, its affiliates nor any of theirr espective employees, agents, third party content providers or licensors warrant that this Online Forum will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Online Forum, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Online Forum. B efore purchasing goods or services you have read about on this Online Forum, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Shainin is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaim any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in this Online Forum or any related publication.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SHAININ, ITS AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS ONLINE FORUM, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS ONLINE FORUM. SHAININ, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OF OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL RED X HOLDINGS, ITS AFFILIATES OR ITS LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS ONLINE FORUM OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF SHAININ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability, if any, of Shainin, its affiliates and licensors arising out of any kind of legal claim arising out of or otherwise related to this Online Forum will not exceed the amount you paid, if any, for the use of this Online Forum or any products or services purchased hereon. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Use at Your Own Risk.
We provide the material available through this Online Forum for informational purposes only. Before you act on any information you've found on our site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS ONLINE FORUM, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE, MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS ONLINE FORUM.
Materials Submitted by Other Users.
We cannot and do not review every posting made in our Online Forum, chat rooms, blogs, and other areas available for public postings. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.
Data Security
We have put in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
Any personally identifiable information provided by you in electronic communications to the Online Forum is governed by this Online Forum's Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Usage Agreement by this reference.
Use of Communications Services
We may provide a variety of services on this Online Forum through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, additional forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"), but we assume no responsibility for the views and opinions expressed. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Online Forum (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Online Forum, our customers, the public or Shainin, and its employees, agents, partners and affiliates. We reserve the right (but assume no obligation) to review the content of this Online Forum, including blogs, message boards, chat rooms, listings, and other information posted to the Online Forum to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Online Forum, you agree not to post, submit or transmit through this Online Forum any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Online Forum or otherwise to the owners of this Online Forum shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Online Forum and agree that you will indemnify and hold Shainin, its affiliates and licensors harmless from and against any claims, damages or losses related to such content or other materials.
We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy our Online Forum or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Posted Materials
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us via this Online Forum, whether by submission to a public area of the Online Forum or by other communication to us through email or other means of electronic communication facilitated by the Online Forum. By submitting communications, materials or Ideas to any public area of this Online Forum, you grant Shainin and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed on a worldwide basis. You also permit any other user of this Online Forum to access, view, store or reproduce the material or Ideas for that user's own purposes. Such purposes may include developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas or materials, or disclosure to third parties, provided that the purpose(s) are authorized under existing Shainin licenses or other agreements already in effect between you and Shainin. By posting or disclosing such information, you hereby waive any claim that Shainin misappropriated any such Ideas, materials or any portions of your communication in any activities in which Shainin may engage in the future.
Copyrights
Shainin respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Online Forum under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shainin's Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- 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 a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; 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.
For copyright inquiries, including notification of claims of infringement, please email webmaster@shainin.com.
Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Online Forum, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Online Forum, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the Online Forum or any service offered on or through the Online Forum, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Shainin, its employees, users of or visitors to the Online Forum, and the public.
Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Online Forum and/or block your future access to the Online Forum if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Online Forum. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Shainin may have at law or in equity.
Miscellaneous
Use of this Online Forum by you for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. Without limiting the generality of the foregoing, by listing any item for sale on this Online Forum, as applicable, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this Online Forum, you agree not to use information concerning other users of this Online Forum, or any items such users have listed or searched for on this Online Forum (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.
These Terms of Use are governed by the laws of the Nevada, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in the County of Clark, City of Nevada, U.S.A., in all disputes arising out of or relating to the use of this Online Forum. Use of this Online Forum is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shainin as a result of this agreement or use of this Online Forum.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Online Forum for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Online Forum will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Online Forum, which includes any discontinuance or material modification of the Online Forum or any service offered on or through the Site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Shainin. You agree that Shainin will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. These Terms and Conditions of Online Forum Use is a part of the Shainin Web Site Legal Notice (Terms and Conditions) & Privacy Policy.
Questions
If you have further questions that were not addressed in the above policy, please email webmaster@shainin.com.
