Shainin Web Site Legal Notice (Terms and Conditions) & Privacy Policy

Welcome to the Shainin web site. Please review the terms and conditions and privacy policy described below regarding use of this web site. By using this site, including the downloading of software and articles, and use of the forums and blogs contained herein, you agree to these terms and conditions. From time to time Shainin reserves the right to modify and change these terms and conditions.

Terms and Conditions of the Use of this Web Site

Please note that these terms and conditions relate to the use of this web site and are governed in accordance with the laws of the United States the location from which Shainin operates this site. Disputes arising herein are exclusively subject to the jurisdiction of the federal or state courts, as applicable, of the State of New York in the United States.

User shall not: i) distribute, use or make copies of, or otherwise duplicate any materials contained on this web site, except as expressly authorized under these terms or by Shainin; (ii) make this web site, or any materials contained on this web site, available to any unauthorized third party; (iii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare this web site, or create any Internet “link” to this web site without the prior and express written authorization from Shainin, or “frame” or “mirror” the materials or services contained on or accessible from this web site onto any server or Internet-based device; (iv) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising, or available through this web site, except to the extent permitted by law; or (v) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyrights, intellectual property, restricted rights notices, or other proprietary rights legend, or any license agreement included or provided on this web site.

Additionally and without limitation, you agree not to use this web site: (a) to collect, gather or assemble any materials other than for internal and/or noncommercial use; (b) to collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, invasive of another's privacy, vulgar, obscene or otherwise objectionable; (d) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code; (e) to interfere with or disrupt servers or networks connected to this web site, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to this web site, other accounts, computer systems or networks connected to this web site, through password mining or any other means; or (g) to harass or interfere with another user's use and enjoyment of this web site.

It is possible that Shainin may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement officials. Shainin will disclose such information where there is a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Shainin brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, Shainin cannot warrant and does not guarantee the absolute safety and security of confidential data on the internet.

Intellectual Property

To the extent that Shainin provides for the download of its proprietary Red X Tracker® software from this web site, such software is protected by registered copyright and other proprietary rights of Shainin in the United States and/or foreign jurisdictions. All use of this software is subject to the terms of the “click through” license agreement agreed to by the user on this web site.

All rights to include those in the United States and/or foreign jurisdictions including copyrights, trademarks, service marks, and Intellectual and Proprietary Property of this web site and of its contents are owned by or licensed to Shainin. You may use the web site content for your own use and noncommercial use. You may save content from the web site onto any medium and make printed copies of articles on the web site for your own use as long as you acknowledge the source of the information by referencing, “Shainin LLC, Title of Article, www.shainin.com”, but you may not distribute or publish any part of this site without Shainin’s prior written permission.

Copyrights of personal photographs are owned by or licensed to Shainin. Shainin has been granted the rights to use the production process photographs appearing on its web site. We would like to extend a thank you to the companies who have granted us the use of their photographs.

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 of material posted to this website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shainin with 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

Postings by Users

There may be areas on this website such as forums, blogs, chat rooms where postings can be made, and information exchanged (“Postings”) by users of this web site. Be aware that Shainin may have editorial control over the information posted by users in these areas of the web site. Such Postings do not necessarily reflect the views of Shainin. Shainin cannot guarantee that other users will not use the ideas and information that is shared in these Postings. Shainin reserves the right to monitor all Postings and to remove any which it considers to be offensive or otherwise in breach of Shainin’s web site terms and conditions. You hereby authorize Shainin to use all or part of your Postings in any manner, format, or medium for advertising purposes or for other purposes as Shainin deems appropriate. You will have no claim or any other recourse against Shainin for infringement of any proprietary right in the Postings.

Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of any online blog or forum on this website using any “robot”, “spider”, “deep link”, scraper”, or other automated means, methodology, algorithm or device or any manual process for any purpose.

NEITHER SHAININ, ITS AFFILIATES NOR ITS LICENSORS OR THIRD PARTY PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS ONLINE FORUM OR BLOG, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS ONLINE FORUM OR BLOG. SHAININ, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SHAININ, ITS AFFILIATES OR ITS LICENSORS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF ORINABILITY TO USE THIS ONLINE FORUM OR BLOG 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.

Refer to the “Terms and Conditions of On-Line Forum Use” Agreement on this site for further Shainin Policy Information in this area of use.

Disclaimer

All materials, information and services included in or available through this web site are provided “as is” and “as available” for your use. While attempts are made to provide accurate, current, complete and reliable information, Shainin recognizes the possibility of human and/or mechanical error. Shainin disclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, and fitness for a particular purpose.

Privacy Policy

During your visit to this website you may initiate a transaction such as a survey, registration or order form. The information, including personal information, volunteered by you in initiating the transaction is used by Shainin for the express purpose for which it is provided, unless you are informed otherwise at the time of providing Shainin with the information.

Shainin does not collect any personal information about you during your visit to this website, unless you provide that information voluntarily by sending an e-mail or initiating an online transaction such as a survey, registration or order form. You may choose not to send us an e-mail, respond to a survey or complete a registration or an order form. While your choice not to participate in these activities may limit your ability to receive specific services or products through this website, it will not prevent you from requesting services or products from Shainin by other means, and will not normally have an impact on your ability to take advantage of other features of the website, including browsing or downloading most publicly available information.

Due to the communications standards on the Internet, when you visit the Shainin web site we automatically receive the URL of the site from which you came and the site to which you are going when you leave Shainin. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns as well as the name of your ISP.

Linking

Links to third party web sites may be provided solely for your information and convenience, or to provide you with additional information. If you use these links, you will leave Shainin’s web site. Shainin accepts no responsibility or liability for any third party practices, privacy policies, or material contained on third party web sites. We suggest that you carefully review the privacy policies of each site you visit. Shainin reserves the right to terminate any links or linking program at any time.

Applicable U.S. Laws and Export Control.

Shainin controls and operates this web site from its location in the United States. All content and materials of this web site are protected by copyrights, trademarks or other intellectual property and proprietary rights of Shainin or its respective owners as well as under any applicable federal laws and United States Government export control regulations. These terms of use shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this web site, including the On-Line Forums shall be filed only in the courts located in the County of Clark, City of Nevada, State of Nevada, U.S.A. and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Because those accessing this website are doing so from different parts of the world, the following may not be applicable to each person in every location. Shainin makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any material within this web site in violation of the U.S. Department of Commerce Export Administration Regulations or other requirements of the U.S. Government regulating the export of such information. You agree that: (i) you are not listed on the U.S. Commerce Department’s Table of Denial Orders, or otherwise denied the privilege of participating in transactions involving the export of U.S. origin products and services; (ii) you are not located in a country that is subject to embargo by the United States; (iii) You are not engaged, directly or indirectly, in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles: and (iv) you shall not knowingly export or re-export, (as defined in Part 779 of the Export Administration Regulations) directly or indirectly, to any country any of the information contained herein (or any product, technical data, or service resulting directly there from) without first having obtained all necessary approvals thereof.