Terms​

Website Terms of Use

Acceptance of the Terms of Use

You agree to and are bound by these terms and conditions, together with any documents they expressly incorporate by reference and any modified or additional terms that Shine Creative LLC (“Company”, “we” or “us”) may publish from time to time (collectively, these “Terms of Use”), which govern your access to and use of www.shinestock.com (the “Website”).

Please read the Terms of Use carefully before accessing or using this Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to these Terms of Use. If you do not want to agree to these Terms of Use, do not access or use this Website. If you breach any of the Terms of Use, your permission to access or use this Website shall automatically terminate.

The Terms of Use are not intended to alter the terms or conditions of any content license agreement you may have with Company and to the extent of any conflict, the terms of your content license agreement will prevail.

Changes to the Terms of Use

We may, from time to time and in our sole discretion, change these Terms of Use. All changes are effective immediately when we post them, and your access and use of the Website will be subject to the current version of the Terms of Use posted on the Website at the time of such use. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Use of the Website

You must be 18 years of age or older, lawfully able to accept these Terms of Use, and reside in the United States or any of its territories or possessions to use this Website. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to indemnify Company for violations of these Terms of Use. If you do not meet all of these requirements, you must not access or use the Website. You also represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, email, and privacy.

For each Company account, and in consideration of your use of the Website, you agree to (i) provide accurate, current, and complete information about you, promptly updating as needed, (ii) securely maintain all passwords and usernames, (iii) notify Company immediately of any

unauthorized use or breach of security, (iv) accept responsibility for all activity under your Company account, and (v) accept all risks of unauthorized access to the information you provide to Company.

Intellectual Property Rights

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video, audio, and related metadata (collectively the “Content”), and the selection and arrangement of the Content, are owned by or licensed to the Company, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of any Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and the Company, the Company does not grant any express or implied permission to use the Website or any Content. Except as expressly provided herein or in a separate license agreement between you and the Company, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Website or any Content. For the avoidance of doubt, unless you enter into a license agreement with the Company you may not download, distribute, display and/or copy any Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or Content. You agree not to upload, post, email, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files, or programs. You may not remove any watermarks or copyright notices contained in the Content.

Subject to your compliance with these Terms of Use, any applicable license agreement with the Company, and the law, you may access and use this Website. By using the Website you agree that we may modify or discontinue the Website or any part thereof at any time, for any reason, with or without notice, in our sole discretion. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. We provide this Website on an “as is” and “as available” basis. You are responsible for all internet access charges.

No right, title or interest in or to the Website or the Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. We appreciate any feedback or suggestions about our Website that you may submit to us, but you acknowledge and agree that we may use such feedback or suggestions worldwide and in perpetuity for any purpose without any obligation to compensate you or acknowledge you for them.

Trademarks

For the purposes of these Terms of Use, the term “Trademark” means all common law or registered trademarks, logos, service marks, trade names, internet domain names, or other indications of origin now or in the future used by Company. You must not use Company’s Trademarks without the prior written permission of the Company. Nothing contained herein grants or shall be construed to grant you any rights to use any Company Trademark, unless expressly conferred by these Terms of Use. You agree that you will not at any time adopt or use, without Company’s prior written consent, any word or mark which is similar to or likely to be confused with Company’s Trademarks. You agree that you will not use any Company Trademark or variant thereof as a domain name or as a metatag, keyword, or any other type of programming code or data. The look and feel of the Website is the trade dress and/or Trademark of the Company and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Website are the property of their respective owners.

Privacy and Restriction of Use

We may restrict, suspend or terminate your account and/or access or use to all or part of the Website at any time in our sole discretion without compensation, prior notice, or liability to you.

We will use and protect your personal information in accordance with our Privacy Policy, the contents of which are incorporated by reference into these Terms of Use. We and/or third parties acting on our behalf, may collect information related to your use of the Website. Third party platforms through which you access the Website may collect information related to your use of such third party platform and make such information available to us subject to your agreement with the applicable third party platform. Our collection and use of all such information shall at all times conform to this Terms of Use and the Privacy Policy.

Limitations of Website Uses

You agree that you shall use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable laws or regulations or these Terms of Use.

  • To violate the rights of Company or any third party, including intellectual property rights, rights of privacy and publicity, or abuse, defame, harass, stalk or threaten another, or expose the Company to liability.

  • To send, knowingly receive, upload, download, use or re-use any material is not authorized by these Terms of Use.

  • To disable or otherwise interfere with the proper working of the Website. You agree not to circumvent or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

    Monitoring, Enforcement and Termination

You agree that we have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate, suspend, block, disable, or restrict your access to all or part of the Website for any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders.

    Copyright Infringement Claims

    If you believe that any image or other material made available by the Company violates any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

    Attention: Data Protection Officer, email to Company at [email protected], with a hard copy to Shine Creative LLC, 1333 Green Ct. NW, Washington, DC 20005, Phone: (202) 408-7575.

    Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Privacy Policy www.shinestock.com/privacy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    Online Licenses and Other Terms and Conditions

    All license transactions through this Website or as a result of visits made by you are governed by our License Agreement https://www.shinestock.com/license/, the contents of which are incorporated by reference into these Terms of Use.

    Links from the Website

    If the Website provides links from the Website to other sites and resources provided by third parties, these links are provided for your convenience only. This may include payment processor links, or links contained in advertisements, including banner advertisements and sponsored links, if any. We do not endorse or control the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Website, you expressly release Company from any and all liability arising from your use of any third-party website.

    Geographic Restrictions

    We provide this Website for use only by persons located in the United States or any of its territories or possessions. We make no claims that the Website or any of its content is accessible

or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

COMPANY, ANY COMPANY AFFILIATES, LICENSORS, SUCCESSORS,
ASSIGNS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, CONTRACTORS, REPRESENTATIVES OR DIRECTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY COMPANY AFFILIATES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY, ANY COMPANY AFFILIATES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ANY PERSON ASSOCIATED WITH THE COMPANY HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT SHALL THE COMPANY, ANY COMPANY AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, CONTRACTORS, REPRESENTATIVES OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ANY COMPANY AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, CONTRACTORS, REPRESENTATIVES OR DIRECTORS OWED TO YOU EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, FOR ACCESS TO OR USE OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, managers, members, directors, employees, shareholders, contractors, representatives, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of any third party right, including without limitation, any copyright, property, or privacy right, your breach or alleged breach of these Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Content, or your use or inability to use the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by the laws of the District of Columbia, without reference to its laws relating to conflict of laws, and the applicable federal laws of the United States. You agree that the services provided via the Website shall be deemed solely based in the District of Columbia, and does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the District of Columbia. YOU CONSENT AND AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND COMPANY SHALL BE DECIDED EXCLUSIVELY BY THE COURTS LOCATED IN THE DISTRICT OF COLUMBIA. To the fullest extent permitted under applicable law, you irrevocably waive and agree not to assert, by way of motion, as a defense or otherwise, any claim that you are not subject to the jurisdiction of the above-referenced courts and any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding brought in any such court has been brought in an inconvenient forum. You also hereby unconditionally waive your right to a jury trial of any and all claims or causes of action arising from or relating to these Terms of Use.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Consent to Electronic Communications

By inputting any information on the Website, you are consenting to receive communications from us electronically and you agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement

The Terms of Use, Privacy Policy, License Agreement, and any other terms contained in the applicable Invoice (defined in the License Agreement), Content specific order confirmation and Content specific Company Website (which are all incorporated by reference into these Terms of Use) constitute the sole and entire agreement between you and the Company with respect to the Website. In the event of any inconsistency between these Terms of Use and any License you enter with Company, the terms of such License shall govern.

Assignment

Company may assign these Terms of Use without notice to you or your consent so long as such party agrees to be bound by its terms.

Contact

If you need assistance with your account or have any questions or comments about the Website or Terms of Use, please contact [email protected]