Welcome to Outshinery! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of Outshinery.com, Outshinery mobile apps, Outshinery desktop applications, and in other forms provided or made available by Outshinery (collectively, the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and Outshinery Creative Inc. (“Outshinery”).
Outshinery offers photorealistic 3D renderings and other visual content of your company’s products and goods, as well as other ready-to-use videos, animations and Visual Assets (each, an “Visual Asset” and together, “Visual Assets”).
To order and purchase Visual Assets, you will need to create an account. To create multiple accounts for multiple users within the same organization, the owner or authorized administrator of the organization must first create an administrative account for the applicable organization, and then invite/designate additional members to create their own accounts. A separate account must be created by each member of your organization who uses the Services. The owner of an admin account can designate permissions for the other organizational accounts.
When you create an account, you are representing and warranting that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder. If you sign up for an account using an email address associated with your employer or another organization (i) you represent and warrant that you have the authority to bind the organization to these Terms; (ii) your use of the Service will bind your employer or the organization to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and the organization.
At all times, you are responsible for each and every use of your account. You agree to protect your log-in credentials such as your password and control any access to your account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your account.
For the purposes of these Terms of Use, the term “intellectual property” means intellectual property anywhere in the world as defined in the broadest sense and includes, without limitation, copyright, trademarks, know-how, and design rights.
Our Service contains graphics, photographs, Visual Assets, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock Visual Assets and footage from stock providers and other information (“Content”). Our Service and all its Content are the intellectual property of Outshinery or the intellectual property of parties from whom Outshinery has licensed such property. All rights in the Service and its Content are reserved worldwide. Outshinery reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Outshinery, remain the property of Outshinery and its licensors.
You are granted permission to access and use the Service and its Content for the sole purpose of preparing, evaluating and ordering Visual Assets. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Visual Assets from Outshinery does not entitle you to use any portion of our Content apart from the finished Visual Assets as they are supplied to you by Outshinery.
It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Terms.
To extent that you provide intellectual property or other materials, information or other content to Outshinery in connection with the use of our Service (such materials, the “User Content”), you hereby grant Outshinery a worldwide, non-exclusive, irrevocable, perpetual right and licence to use the Customer Content for the purposes of providing the Service. You acknowledge that you are responsible for the User Content that you submit, upload, post or otherwise make available on or through the Service, and that you, and not Outshinery, have full responsibility for all User Content you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before submitting User Content, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Outshinery. Unless otherwise explicitly stated herein, in the Outshinery Privacy Policy, or as agreed by Outshinery in writing, you agree that any User Content provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis. You agree that Outshinery is free to use User Content for the purpose of providing you the Service and you grant Outshinery a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the User Content. In addition, to the extent any User Content contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Outshinery a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Outshinery products and services (in any media, whether now known or not currently known or invented) and for other purposes as determined by Outshinery. User Content shall be considered non-confidential and Outshinery is under no obligation to treat such User Content as proprietary information except pursuant to Outshinery’s Privacy Policy applicable to personally identifiable information.
You further agree that you will not upload, post or otherwise make available through the Service any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any User Content that you make.
You represent and warrant that (i) you own all User Content posted by you on or through the Service or otherwise have the right to grant the Licenses to Outshinery set forth in this section, and (ii) your User Content is accurate and not misleading, and (iii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any User Content posted by you to or through the Service.
Except for the User Content, all intellectual property rights in the Visual Assets shall remain the intellectual property of Outshinery. Plans, sketches, models, drawings, graphic representations and specifications, including computer-generated designs, are instruments of service and shall remain the property of Outshinery whether the purpose for which they are made is executed or not.
Outshinery grants to you, subject to the terms, conditions and limitations hereof, a worldwide, non-exclusive, irrevocable, perpetual right and licence to use the Visual Assets provided to you. Outshinery provides no warranty of any kind that your use of a Visual Asset will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with your intended use of your Design and for obtaining such additional rights.
The Visual Assets available for you to order employ various design elements, including product templates, Visual Assets, fonts, color schemes, graphics, illustrations, logos, photos and design effects. Except with respect to your User Content, Outshinery reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. Other Outshinery customers may order Visual Assets that have similar or identical combinations of design elements to the Visual Assets you have ordered and Outshinery does not guarantee that your Visual Assets will not have similarities to Visual Assets created and used by other parties. Except with respect to the Customer Content, you do not obtain any right or claim to any of the individual design elements of any Visual Asset. Subject to availability, you may purchase a temporary “market freeze” within a certain territory on certain Visual Assets; during such “market freeze” period, Outshinery will not offer such Visual Assets for sale to other customers in the applicable territory; however, such Visual Assets may be or may have been purchased by other customers before or after the “market freeze” period, and Outshinery cannot control and has no liability to you for any use or publication of any Visual Asset by a customer at any time, including during the “market freeze” period that you have purchased.
Outshinery’s Visual Assets are available solely through our “Shine Credit” system. To purchase Visual Assets, you must first purchase Shine Credits. Payment is due at the time of Shine Credit purchase, whether you are purchasing an annual or monthly subscription (“Subscription Shine Credits”) or standard Shine Credits (“Standard Shine Credits”). At the time of purchasing your subscription, you may also purchase additional Standard Shine Credits to complement your subscription. Subscription Shine Credits are purchased on an annual or monthly basis, depending on the subscription frequency you choose. Any downgrade of your subscription plan becomes effective at the expiry of your then-current subscription. Any upgrade of your subscription plan becomes effective immediately. Subscriptions automatically renew until you cancel and your payment method is charged automatically at the beginning of each subscription period. There are no refunds on Shine Credits.
Each Visual Asset is worth a certain number of Shine Credits, which you will see at the time of placing your order. When you place an order for a Visual Asset, the applicable number of Shine Credits will be considered “in use” towards that order and unavailable for use against other orders. If you do not have sufficient Shine Credits, you will have an opportunity to top-up at the time of an order. You will not be able to place an order without the sufficient number of Shine Credits. By placing an order for Shine Credits or a Visual Asset, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize Outshinery to produce the Visual Assets on your behalf. You grant Outshinery the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit Outshinery to copy, distribute, use, modify, create derivative works of and vectorize any User Content for the purpose of fulfilling your order and/or marketing products or services to you.
You have two weeks from the date of placing an order for a Visual Asset to provide Outshinery with the necessary User Content to complete the order; if Outshinery does not receive the necessary User Content from you within the two-week timeframe, the order is automatically cancelled and your “in use” Shine Credits will be returned to your account and available for use for another order.
After Outshinery receives the User Content for your Visual Asset order, Outshinery will provide a proof of the Visual Asset to you for approval. Proofs will be deemed to have been accepted by you if we do not receive a response to our approval request within two (2) weeks of sending you the proof for approval. Upon delivery of the Visual Asset, any “in-use” credits used for that order will be considered redeemed. Any lead time or delivery date given by Outshinery is estimated. Outshinery is not liable to you for any delay or failure to deliver a Visual Asset before a certain date.
Unused Standard Shine Credits remain active for a period of one (1) year from the date of purchase. As long as you continue your subscription, all Subscription Shine Credits associated with your account will not expire. If you do not renew your subscription, you will have a one (1) year grace period to use up any remaining Shine Credits. If you do not use your remaining Shine Credits within the grace period, the Shine Credits will expire. You can view your outstanding Subscription Shine Credit and expiry date in your account. Shine Credits will expire if not used before their expiry date. Subscription Shine Credits cannot be converted to Standard Shine Credits. From time to time, Outshinery may offer promotional Shine Credits; such promotional Shine Credits will expire in the time-frame set out in the promotional offer.
With the consent of Outshinery, Shine Credits purchased by an organization may be used by any affiliate of that organization. Shine Credits are otherwise non-transferable and may only be used by the original purchaser for its own product needs. Outshinery reserves the right to refuse service that Outshinery deems to be in violation of this term.
All references to currency on Outshinery’s Service are to US Dollars and your credit card will be charged in US Dollars, regardless of your location. Applicable sales taxes will be applied to all transactions.
Outshinery will review its pricing and value schedule for Shine Credits periodically and reserves the right to change, from time to time: (i) the pricing of Standard and Subscription Shine Credits, and (ii) Outshinery’s value schedule (i.e. the number of Shine Credits per service). You will be notified of any changes to Shine Credit value or service pricing at least thirty (30) days prior to such changes taking effect.
Payment is processed by third-party payment processors and are subject to the terms of use of such third-party payment processor.
You agree to use the Service in a responsible manner that is in full compliance with these Outshinery Terms and with your local laws and regulations, including export and import regulations.
When submitting User Content to or otherwise using Service, Visual Assets or Content, you agree not to, without limitation:
a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b) Use racially, ethnically, or otherwise offensive language.
c) Discuss or incite illegal activity.
d) Use explicit/obscene language or solicit/post sexually explicit Visual Assets (actual or simulated).
e) Post anything that exploits children or minors or that depicts cruelty to animals.
f) Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
g) Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
h) Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
i) Use any robot, spider, scraper or other automated means to access the Service.
j) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
k) Alter the opinions, profiles, comments, or other content posted by others on the Service.
The above list of prohibitions provides examples and is not complete or exclusive. Outshinery reserves the right in its sole discretion to (a) terminate your access to your account; and (b) refuse, delete, modify, edit or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Outshinery determines is inappropriate or disruptive to the Service or to any other user of the Service. Outshinery may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Outshinery’s discretion, Outshinery will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Outshinery takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
These prohibitions do not require Outshinery to monitor, police or remove any User Content or other information submitted by you or any other use.
All our offers and promotions are without any obligation and subject to confirmation of the order. Outshinery reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Outshinery is subject to our acceptance of the order for a Shine Credit or a Visual Asset, as applicable, and will be formed when you receive the order confirmation by email.
Outshinery reserves the right, in its sole discretion, to refuse to accept any User Content provided by you to Outshinery or to refuse to process or fulfill any order at any time and for any reason. Outshinery further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Outshinery Terms and/or Additional Terms, your use of the Service for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Outshinery in its sole discretion. This action is entirely at Outshinery´s discretion and no correspondence will be entered into. You agree that Outshinery shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
We may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. If you wish to terminate your account, you may close your account. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of your account, Outshinery is under no obligation to delete or destroy your User Content.
We may decide to discontinue our Service, but if we do, we will give you advance notice and a refund for any prepaid, unused Service.
You agree that you shall indemnify Outshinery and all parties from whom Outshinery has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Outshinery Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, Visual Asset, graphic or other material that was not part of the Content and that you uploaded or otherwise provided to Outshinery or incorporated into a Visual Asset; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer through our Service whether or not used for or in connection with an order for Service that you have placed. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SERVICE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Terms alter those consumer guarantees if it is illegal for Outshinery to do so. If those consumer guarantees apply to you, and Outshinery cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Outshinery: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Outshinery to the supply of the services again or a refund of the amounts paid for the services.
IN NO EVENT SHALL OUTSHINERY, ITS AFFILIATES OR ANY OF ITS/THEIR LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OUTSHINERY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, OR OF FAILURE TO PROVIDE SERVICES (INCLUDING VISUAL ASSETS) THAT YOU ORDERED FROM OUTSHINERY, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH OUTSHINERY´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL OUTSHINERY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SERVICES OR CONTENT, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Outshinery in connection with the Service including its Content shall be provided by the submitter and received by Outshinery on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Outshinery. By submitting any such information to Outshinery, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Outshinery shall be free to use such information on an unrestricted basis.
Outshinery has set out in its Privacy Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of the Service. This Privacy Policy applies to every visit to our website, every use of our Service, and every transaction and agreement that is concluded through the Service.
Outshinery may, without notice to you, revise these Terms and any other information contained in the Service at any time by changing, adding to, deleting from or otherwise updating this posting. You should visit Outshinery.com from time to time to review the then-current Terms because they are binding on you. You agree that your accessing and using the Service is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement.
If any provision of these Terms shall be unlawful or any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
You must be at least 18 years old or otherwise have parent or guardian permission to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms
These Terms contain the entire agreement between you and Outshinery regarding the Service and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Outshinery.
You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Service.
The party you are contracting with and the seller of the Service is Outshinery Creative Inc., a limited company organized under the laws of British Columbia, Canada.
Any legal action or proceeding relating to or arising from your access to or use of the Service shall be instituted in the Province of British Columbia, Canada. You agree to submit to the jurisdiction of the courts sitting in the Province of British Columbia and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving Outshinery, that a court sitting in the Province of British Columbia, Canada, is an inconvenient forum for such legal action or proceeding.