Outshinery.com (the “Site”) is owned by Outshinery Creative Inc. (“Outshinery”). Use of the Site is subject to these Terms of Use. By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use or access the Site. By making a purchase on the Site, you agree to be bound by these Terms of Use as they relate to your purchase.
This Site and all content on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Outshinery’s prior written consent (which may be granted, withheld or conditioned in Outshinery’s sole discretion), except that Outshinery hereby grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this Site, solely on your computer or device and for your personal, non-commercial use of this Site. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site.
Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Outshinery. Nothing contained these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Outshinery or any third party. Any rights not expressly granted herein are reserved.
Outshinery Creative Inc., Outshinery, the Outshinery logo, and all other names and logos of Outshinery and Outshinery products referenced in this Site are registered trademarks or other trademarks, service marks or trade names of Outshinery or its affiliates. No license to use any of these trademarks is given or implied. Outshinery’s trademarks may be used only with prior written permission from Outshinery, which may be granted, withheld or conditioned in Outshinery’s sole discretion. All other trademarks or trade names referenced on this Site are the property of their respective owners.
In order to purchase products or services through the use of this Site, you must register with Outshinery to create an account. You are responsible for maintaining the security and confidentiality of your account, including your password. In order to ensure continued access, you must keep your account information, including e-mail address, current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You acknowledge and agree that Outshinery may access, preserve, and disclose your account information, all User Content (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Outshinery is required to do so by law or legal process or if Outshinery determines, in its sole discretion, that such action is necessary to protect the rights of Outshinery, third parties, and other users of the Site or for purposes of responding to your request for customer service. Outshinery’s right to disclose any such information shall govern over any terms of our Privacy Policy.
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (all of which are “User Content”) and through the services available in connection with the Site, 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 Site 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 and others with use of the Site and their functionality and providing you with the associated products and services, 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 on the Site 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 Site 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 Site 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 Site. When submitting User Content to or otherwise using the Site and/or the services, you agree not to, without limitation:
This 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; (b) terminate your ability to post to the Site (or the services) and (c) 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 this Site or to any other user of the Site and/or services. 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 Site 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.
Outshinery’s products and services are available solely through our Shine Credit system. In order to purchase products and services, 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.
All references to currency on Outshinery’s site are to US Dollars and your credit card will be charged in US Dollars, regardless of your location. Goods and Services Tax (GST) of 5% will be applied to all transactions for Canadian clients.
Subscription Shine Credits are purchased on an annual or monthly basis, depending on the subscription frequency you choose. Unused Subscription Shine Credits remain active for a period of one (1) year from the date of purchase. As long as you continue your subscription, all 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. A reminder notification will be sent to all Subscription Shine Credit clients one (1) month prior to the expiry of the Shine Credits, with details of their remaining Shine Credit balance and the expiry date. Shine Credits will expire if not used before their expiry date. Subscription Shine Credits cannot be converted to Standard Shine Credits.
Standard Shine Credits purchased as a package without a subscription expire after one (1) year and are available for use at any time following your purchase.
In the event that you purchase a subscription and later require a greater number of Shine Credits than anticipated for that year, you have the option to adjust your Subscription Shine Credit package to better reflect your business needs. You may also purchase Standard Shine Credits to supplement your subscription on an as-needed basis. To do so, please contact us and we would be pleased to assist you.
Refunds are not available for monthly subscription packages. Refunds on annual subscriptions are available upon written request, on a prorated basis, within three (3) months of purchase. Refunds for unused Standard Shine Credits are available upon written request, on a prorated basis, within three (3) months of purchase. In the event that you have approved a final proof for a product or service, the corresponding Shine Credits for that product will be redeemed and no refund will be available. 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.
Outshinery will maintain a record of all Shine Credits purchased on your account. Shine Credits are accessed initially by contacting Outshinery with the details of the project to be completed. Outshinery will respond with the service pricing for the proposed project, as well as the number of Shine Credits you have remaining on your account. In the event that you require additional Shine Credits to complete the project, you may choose to purchase a specific number of Standard Shine Credits, or may wish to adjust your Subscription Shine Credit amount. Outshinery operates solely on the Shine Credit system for completion of projects and will not accept any alternative forms of payment.
With the consent of Outshinery, Shine Credits purchased by a parent company may be used by any subsidiaries of that company, or Shine Credits purchased by a subsidiary company may be used by any associated subsidiary companies. 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.
If you are an organization, Outshinery is permitted to deal with any contacts at your organization with respect to orders, purchases, proof approvals, project requests, and any other matters.
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.
All intellectual property rights arising from products produced or services provided by Outshinery (“Deliverables”) in connection with these Terms of Use or the use of the Site shall remain the intellectual property of Outshinery. 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, know-how, and design rights.
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 Deliverables provided to you.
To the extent that the Deliverables and any other intellectual property of Outshinery incorporates your intellectual property, you hereby grant Outshinery a worldwide, non-exclusive, irrevocable, perpetual right and licence to use such intellectual property.
You may not use any hardware or software intended to damage or interfere with the proper working of this Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted above with respect to use of this Site, Outshinery does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another Site or in any other media.
Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Site may be out of date and may contain technical inaccuracies or typographical errors. Any reliance on the material on this Site is at your own risk. Outshinery assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.
This Site may provide links or references to non-Outshinery websites and resources. Outshinery makes no representations, warranties, or other commitments whatsoever about any non-Outshinery websites or third-party resources that may be referenced, accessible from, or linked to any Outshinery website. A link to a non-Outshinery website does not mean that Outshinery endorses the content or use of such website or its owner. In addition, Outshinery is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Outshinery website. Accordingly, you acknowledge and agree that Outshinery is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-Outshinery website, you acknowledge that it is independent from Outshinery, and that Outshinery does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
All links to this Site must be approved in writing by Outshinery, which approval may be granted, withheld or conditioned in Outshinery’s sole discretion. As a further condition to being permitted to link to this Site, you agree that Outshinery may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Outshinery trademark.
DISCLAIMER OF LIABILITY
USE OF THE SITE AND OUTSHINERY’S SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OUTSHINERY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OUTSHINERY MAKES NO WARRANTY OR GUARANTEE THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR SYSTEM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OUTSHINERY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, OUTSHINERY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OUTSHINERY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH OUTSHINERY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND OUTSHINERY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
You agree to indemnify, defend and hold harmless Outshinery and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Outshinery reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Outshinery in the defense of such matter.
We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. If you wish to terminate your account, you may discontinue using the Site.
All provisions of the Terms of Use shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Site is controlled and operated by Outshinery from its offices within the Province of British Columbia in Canada. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the city of Vancouver, British Columbia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Outshinery may, without notice to you, revise these Terms of Use and any other information contained in this Site at any time by changing, adding to, deleting from or otherwise updating this posting. You should visit this Site from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. You agree that your accessing and using this Site 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 of Use 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.
If you have any questions regarding these Terms of Use, please contact us.