Terms of Service
PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF SERVICE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SITE AS THEY FORM A BINDING AGREEMENT BETWEEN YOU AND SHINEON REGARDING THE USE OF OUR SERVICES AND WEBSITE.
The following terms and conditions constitute a legally binding contract (this “Agreement” or “Terms”) between you (“you,” “your,” or the “User”) and That’s No Moon Inc. d/b/a ShineOn, that governs all use by you of the www.shineon.com, including any sub-domains thereof, and ShineOn Profits On-Demand Shopify App (collectively, the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We refer to That’s No Moon Inc. and all of its subsidiaries and affiliated companies collectively as “ShineOn,” “we,” “our,” “us,” etc. ShineOn is a print-on-demand company for businesses. ShineOn white-label prints and dropships products (“Products”) directly to you and your customers (“Customers”).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. There are also other policies and procedures, including, without limitation, our Shipping, Return, and Privacy Policies (the “Policies”). The Policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. BY ACCESSING, USING, OR PLACING AN ORDER OVER THE SITE, YOU AGREE TO THE TERMS SET FORTH HEREIN AND ARE BOUND BY THIS AGREEMENT. If you do not agree to these Terms in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. SECTION 17 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 17.
1. Access & Membership
To access ShineOn’s Services, you must register and create an account. To complete registration, you shall provide a name, email address, VAT registration number (if applicable), and password. You may never use another User’s ShineOn account without that User’s permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShineOn immediately of any breach of security or unauthorized use of your account. ShineOn will not be liable for your or any third-party’s losses caused by any unauthorized use of your account. You may be liable to ShineOn and others for their losses due to such unauthorized use.
ShineOn’s Site and Services are intended for adults only. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized to bind such organization or entity to this Agreement and use the Services. By using our Site, you agree to take full responsibility for your selection and use of the Services.
1. Other Opportunities with ShineOn
In addition to the print-on-demand services described above, there may be other partnership opportunities with ShineOn, which are described below (collectively, “Partnership Opportunities”). You may be compensated for these partnership opportunities through the use of ShineCash, a credit program for wholesale product invoices, which is described more fully below. ShineOn makes no guarantee that any or all of these partnership opportunities will be available to you and makes no guarantee regarding the profitability of these opportunities.
- ShineCash: ShineCash will be held in your ShineOn account, for up to sixty (60) days, and shall be used for future ShineOn wholesale purchases. ShineCash will expire after sixty (60) days. ShineOn will charge invoices against your ShineCash balance before charging the payment method associated with your account. In no event will ShineCash be paid out as cash. If your ShineOn account is terminated with a ShineCash balance remaining, then you forfeit the entire remaining ShineCash balance.
- Affiliate or Referral Marketing: There may be various affiliate or referral marketing offers available to you. Each of these offers will be detailed in an addendum to these Terms, which must be fully executed before it will come into effect.
- JTV: If you choose, and we make the opportunity available to you, you may participate in our co-marketing arrangement with America’s Collectibles Network, Inc. d/b/a Jewelry Television (“JTV”). To participate in this co-marketing arrangement (the “Co-Marketing Program”) and earn a commission, you must provide Customers with marketing materials from JTV as set forth below. You must also authorize the transfer of personal information such as name and email address to JTV to be used for marketing purposes in the Co-Marketing Program.
- Co-Marketing Program Requirements – By participating in the Co-Marketing Program, you agree to the following:
- You direct ShineOn to include JTV marketing materials (as determined by JTV and subject to ShineOn’s approval) to be included in all packages mailed to your customers within the United States and Canada.
- You direct ShineOn to share Personal Data of your customers with JTV for purposes of program and revenue attribution, as well as for marketing purposes. You confirm that you have obtained the appropriate consents to allow your customers’ Personal Data to be shared with JTV. –. Your collection of Customer information shall, at all times, comply with applicable law, including without limitation the CCPA/CPRA. ShineOn strongly encourages you to seek the advice of independent legal counsel with regard to your compliance with applicable law. Additionally, please carefully note Section 19 of this Agreement, which contains further information about your privacy obligations.
- You are also highly encouraged, but not required, to send marketing emails approved by JTV to your existing customer database introducing your Customers to JTV.
- Commission Agreement – You will earn 12.5% of the Revenue your Customers generate from their first purchase from JTV (growing to 25% for subsequent purchases), up to an amount of $200 per customer (the “Commission”). As used in this section, “Revenue” shall mean the total JTV purchase amount after taxes, shipping and handling, refunds, and chargebacks and shall be determined in JTV and ShineOn’s sole discretion. If a Customer’s information is submitted by multiple ShineOn accounts, the Commission shall be paid only to the account that has submitted Customer’s information most recently.
- Commission Payment – 100% of your Commission will be paid in the form of ShineCash.
ShineOn reserves the right, at its sole discretion, to update, modify, change, or replace any part of this Agreement and its Terms, as well as the fees and other charges for our Services, at any time. All modifications will become effective immediately after ShineOn posts them on the Site. You can review the most current version of these Terms at any time by visiting https://www.shineon.com/terms-of-service. You are responsible for reviewing any and all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Your continued use of, or access to, the Site and/or any Services following the posting of any changes constitutes your binding acceptance of those changes and this Agreement. If you do not agree to the modifications made to this Agreement in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
3. Use of ShineOn Services
ShineOn grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions:
- Don’t Use Our Services to Violate the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply. It is your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against ShineOn, another ShineOn user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, re-export, or otherwise transfer ShineOn’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate ShineOn, any other ShineOn Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as a “ShineOn Party” or collectively the “ShineOn Parties”: (a) ShineOn, (b) ShineOn’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of ShineOn and its subsidiaries, affiliated companies, and joint ventures.
- Do Not Harm Our Systems. You agree not to interfere with or disrupt ShineOn Services, such as by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any ShineOn Party or expose any of them to liability. You agree that ShineOn reserves the right to audit our platforms/systems to ensure integrity and compliance with this Agreement, at the sole discretion of ShineOn.
- Follow ShineOn Guidelines. The name “ShineOn,” our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of ShineOn in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, ShineOn does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by ShineOn that ShineOn provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). ShineOn reserves the right to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
- Suggestions and Ideas. Any unsolicited ideas or other materials you submit to ShineOn are considered non-confidential and nonproprietary. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
- Communication Methods. ShineOn will provide you with certain legal information in writing. By using our Services, you agree to our communication methods which describe how we provide that information to you. This means that we reserve the right to send you information electronically (by email, etc.) instead of mailing paper copies. ShineOn may use SMS (Short Message Service) to communicate with you regarding your account, marketing products, or to provide updates about our services. By providing your mobile phone number to us, you agree to receive SMS messages from ShineOn. If you wish to opt-out of receiving SMS messages from ShineOn, you can reply to any message with "STOP" or contact us at email@example.com.
- Digital Items. Digital items (mockups, templates, images, and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to ShineOn. Digital items may only be used in connection with the advertising, promoting, offering, and sale of ShineOn’s Products and may not be used for other purposes or in conjunction with products from other manufacturers. If ShineOn provides the possibility for Users to modify or customize any digital items, you must ensure that the Content (as defined below) used to modify such digital items will comply with all intellectual property laws and our Acceptable Content Guidelines.
Any and all content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post,” (such as images, text, your shop name, your customer reviews, comments, videos, usernames, etc.) using our Services is your Content.
- Responsibility for the Content. You are solely responsible for the Content that you post on or through the Services. You represent and warrant that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by ShineOn. You also represent and warrant that you are not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by ShineOn.
- Use of Your Content. Any Content that you post using our Services will remain yours. ShineOn will not use your Content except as provided in this Agreement.
- Rights You Grant ShineOn. By posting your Content or using ShineOn’s Services, you grant ShineOn a non-exclusive, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free, worldwide, perpetual license to use, edit, perform, display, transmit, modify, reproduce, store, distribute, and prepare derivative works of your Content in any and all media or format and by any and all technologies and means of delivery for any purpose. You agree and represent that you have the right to grant this license to us.
- Intellectual Property. You must either own the Content you post to the Site (e.g., ShineOn.com or the ShineOn Profits On-Demand Shopify App) or have the express authority to post it. Content must also comply with rights of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws. By posting the Content to the Site and using ShineOn’s Services, you represent and warrant that you have authority to post the Content and that your posting and use of such Content comply with all applicable laws.
- Infringement of Intellectual Property. ShineOn will attempt to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you have submitted, we may remove the allegedly infringing content or suspend your access to the ShineOn website. ShineOn reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via the form available here), ShineOn strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When ShineOn removes, blocks, or disables access in response to such a notice, ShineOn makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
- DMCA Cooperation: ShineOn’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than those set forth herein, ShineOn’s Policies and procedures may likewise change in accordance with the DMCA requirements and obligations of service providers. More information about DMCA procedure is available here.
- Counter DMCA Notifications: If ShineOn receives a DMCA counter-notification, ShineOn will send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs ShineOn of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter-notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked, or disabled at the sole discretion of ShineOn.
- Repeat Infringement: ShineOn may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by ShineOn at its sole discretion.
- Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permission to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
- Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
- ShineOn Intellectual Property. Subject to the terms and conditions of this Agreement, ShineOn hereby grants to You, and You hereby accepts from ShineOn, a non-exclusive, limited, non-transferable, revocable, royalty-free right and license to use any materials such as generated image assets, source files or other content provided by ShineOn, or any derivatives created thereof whether by ShineOn, You or any third party, (collectively, “Licensed Materials”) to You to promote any product within the Platform. You shall not use the Licensed Materials for any other purpose described herein and shall immediately cease using the License Materials upon the termination of this Agreement or on the instruction of ShineOn.
All uses of the Licensed Materials, and all goodwill associated therewith, shall inure solely to the benefit of ShineOn. You shall not at any time (i) challenge, or cause, induce, authorize, or assist any person to challenge, the validity of the Licensed Materials or ShineOn’s ownership, use or registration of or rights in any of the Licensed Materials or (ii) take any action in derogation of ShineOn’s rights in the Licensed Materials, including by using, licensing or applying to register any marks that is identical or substantially/confusingly similar to any of the Licensed Materials. If You acquire any rights in any mark that is identical or substantially/confusingly similar to any of the Licensed Materials, by operation of law or otherwise, You shall and do hereby assign, at no additional cost, all such rights to ShineOn and its successors, together with all associated goodwill in and applications and registrations for such mark.
You acknowledge that a breach or threatened breach of this provision may give rise to irreparable harm to ShineOn, for which monetary damages may not be an adequate remedy, and You hereby agree that in the event of a breach or a threatened breach by You or your subsidiaries or affiliates of any such obligations, ShineOn shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and other relief that may be available from a court of competent jurisdiction without any requirement to post bond.
5. Content and Services
- Items Your Customers Purchase Through Our Sites. ShineOn cannot and does not make any warranties about your Content or the Products you sell to your Customers. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release ShineOn from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers, claims for physical injury, or property damage by any of your Products that are warehoused for you by ShineOn.
- Content You Access. Your Customers may encounter materials that they find inappropriate or offensive while using our Services. We make no representations concerning any content posted by others through the Services. ShineOn is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release ShineOn from all liability relating to that content.
- Disclaimer of Warranties for Services. Except where otherwise inapplicable or prohibited by law, the Site and our Services are provided on an “as is” basis with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. We do not guarantee that:
- The Services will be secure or available at any particular time or location – as such, ShineOn shall not be liable for any delays, interruptions, or loss of data in connection with the use of our Site and Services. In the event that it is not possible to carry out the Services at the location the Services were initially intended to be performed, ShineOn shall strive to ensure that the Services are carried out in other locations.
- Any errors for which ShineOn is responsible will be corrected.
- The Services will always be free of viruses or other harmful materials.
- Using the Services will meet your expectations. You use the Services at your own risk.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SHINEON NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE SHINEON PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Please read this section carefully—it covers our responsibilities for ShineOn’s Services and Products.
- Limited Warranty. At the time of delivery of a Product to you or your Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
- Who Is This Limited Warranty For? ShineOn extends the Limited Warranty only to you or your Customer. All Limited Warranty coverage terminates if you or your Customer sells or otherwise transfers a Product.
- What Does This Limited Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (i) you, your Customers or third parties; (ii) any improper handling (including during shipping), use, or storage of the Product; (iii) any failure to follow Product instructions; (iv) any modifications to the Product; (v) any unauthorized repair to the Product; (vi) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (vii) costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties.
- How Long Does This Limited Warranty Last? This Limited Warranty starts on the date of the delivery of the Product to you or your Customer and lasts for thirty (30) days (“Warranty Period”). ShineOn acknowledges that you or your Customer may be entitled to a longer Warranty Period under certain jurisdictions.
- What Are Your Remedies Under This Limited Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (i) replace such Product (or the defective or damaged part of the Product) free of charge; or (ii) refund the purchase price you paid to us along with the shipping fees corresponding to the defective or damaged Products.
- How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer must inspect the Product. If a Product is materially defective (including any error by ShineOn) or damaged upon receipt, or if you or your Customer received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. Your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
- LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Payments, Fees, and Taxes,
You need a valid payment method that you are authorized to use in order to pay for ShineOn Services and Products. All fees will be charged to your payment method. You may choose to save your billing information for use in all future orders and charges associated with ShineOn Products and/or Services. As such, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS-compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree that the fees in effect will be paid either (i) at the time you place the order, or (ii) at the time the order is delivered to the Customer (“COD”) or you as the case may be.
We reserve the right to change our fees (including holiday sales, discounts, etc.). The fees for the Products and the Services (as applicable), as well as any associated delivery costs, will be indicated on the Site when you place an order or pay for the Service. We may temporarily change the fees for our Services for promotional events or new Services, and such changes are effective at the time when we post the promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged following your confirmation. You may then receive an email from ShineOn.
By placing an order through our Site, you represent that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for and shall reimburse ShineOn for damages resulting from such unauthorized use.
You represent to ShineOn that (i) the billing information you supply to us is true, correct, and complete, and (ii) to the best of your knowledge, charges (including but not limited to taxes) incurred by you will be honored by your financial institution (including but not limited to, credit card company) or payment service provider.
We reserve the right to refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. ShineOn is not liable to you, your Customers or any third party by reason of refusing or suspending any transaction before or after processing.
Unless stated otherwise, you may choose the currency from the options available on the Site in which all fees and payments will be quoted. ShineOn may charge tax amounts if any in local currency due to local legislation. You are responsible for paying all fees, payments, and applicable taxes associated with our Site and Services. The fees for ShineOn Services and Products are exclusive of any taxes (including but not limited to GST, VAT and consumption taxes). For orders delivered to addresses within the European Union, VAT will apply to orders as follows: (1) ShineOn will charge you the destination country’s VAT rate if you are not registered as a VAT payer (or your VAT registration number is not available or not validated); (2) For orders fulfilled and delivered in the Netherlands ShineOn will apply the Netherlands reverse-charge mechanism if you are established in the Netherlands with a valid Netherlands VAT registration number (and you provide us with your VAT number) as a result of the application of the reverse-charge mechanism you are responsible for the account and report of any VAT, and (3) Except for orders fulfilled and delivered in the Netherlands, ShineOn will charge zero percent VAT if you are a registered VAT payer in any European Union Member State that is not the Netherlands, and you provide us your valid VAT registration number. For additional VAT-related information, please visit our FAQ. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full either (i) before the dispatch of your Products, or (ii) upon delivery of the Products to the Customer (“COD”) or you as the case may be.
ShineOn may request, at any time, that you provide a seller certificate issued by the applicable state(s). Upon ShineOn’s request, you shall provide such certificate immediately. You may be responsible for sales tax where applicable.
ShineOn may, at its sole discretion, offer various discounts, as well as change, suspend or discontinue them at any time. More information about the available discounts can be found on the Site, in marketing and promotional emails, or via other channels or events ShineOn may use or participate in.
8. Description of Products
All Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
ShineOn reserves the right to amend the description of the Products, including specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
Despite our commitment in making our Product development process the best we can, we cannot guarantee that the Product representations (colors and image details) on our Site will be 100% accurate or that the manufacturing stage won’t result in damages.
Products can sometimes be damaged during the manufacturing process. We will not knowingly ship damaged items to you (or your Customers), but these damaged items can still be used for charitable purposes. ShineOn reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
9. Your Claims Concerning the Origins of Products Fulfilled by ShineOn (Made in USA Claims)
By using the Site and making Products available to Customers, you agree to comply with all ShineOn instructions concerning the origins of the Products.
Unless expressly identified below, you are not permitted to make unqualified claims that ShineOn’s Products are made or manufactured in the United States. Prohibited claims include, but are not limited to, statements that a product is “Made in the United States, “American Made,” or substantially similar language. Similarly, you are prohibited from using symbols, imagery, or iconography (e.g., flags, patriotic symbols, Americana themes, etc.) that would suggest or imply to reasonable consumers that ShineOn’s Products are made or manufactured in the United States.
You are only permitted to make unqualified Made in the United States claims for the following products:
- Graphical Dog Tag necklace
- Graphical Circle necklace
- Graphical Heart Necklace
All other ShineOn Products may be promoted using the following qualified Made in the United States claim:
- “Personalized and/or assembled in the USA with foreign and/or domestic components.”
No other qualified claims are permitted.
10. Purchase of Products
Orders are placed and received exclusively via the Site. It is your responsibility to check and determine your ability to receive the Products before ordering. The correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are necessary to ensure the successful delivery of Products.
All information on the checkout page must be filled in precisely and accurately. ShineOn will not be responsible for missed deliveries because of typos, such as a wrong or misspelled recipient name, delivery address, or an inappropriate phone number. Please contact ShineOn in the event you would like to ask for a change in the delivery address, phone number, or any other special requirements.
We reserve the right to place your order on hold due to print file issues, security concerns, address confirmation, or other issues. In the event your order is placed on hold, ShineOn will give you 30 days to resolve the issue. If you do not resolve the issue or cancel your order within 30 days, we will cancel the order. If your order is canceled, we will only make a refund if work on your order has not begun.
It may not be possible to edit or cancel an order once you or your Customer have confirmed it. If you want to change certain details, Customer addresses, etc., please check whether such an option is available in your account. ShineOn is not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, and damage to, Products pass to you upon our delivery to the carrier. It is your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In those cases, ShineOn will not make any refunds nor resend the Product.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of or credit to your account for the lost Product in compliance with ShineOn’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to ShineOn investigation and sole discretion.
You are responsible for all delivery costs. Delivery prices are in addition to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges may be shown on our checkout page; however, we reserve the right to advise you of additional delivery charges that apply to your specific delivery address.
While we provide delivery estimates, we cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. The average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. We will attempt to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
If payment is made upon placing the order Ownership of the Products will pass to you at the moment ShineOn receives full payment of all sums due in respect of the Products, including delivery charges and taxes, and the Products are delivered to the carrier. If payment is made on delivery (“COD”), the ownership of the Products will pass to you at the moment ShineOn receives full payment of all sums due in respect of the Products, including delivery charges and taxes.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
13. Responsibility of Site
Members and Visitors Violation of this Agreement or any other rules will result in the termination of your ShineOn account. When using ShineOn Services, you must follow our Policies.
ShineOn and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, ShineOn and its designees shall have the right to remove, block, and disable any Content. You must evaluate and, to the extent permitted by law, bear all risks associated with the use of any Content, including reliance on the completeness, usefulness, or accuracy of such Content. In this regard, you may not rely on any Content created by ShineOn or submitted to ShineOn, including information in ShineOn collaborations, posts and in all other parts of the ShineOn Services.
Without limiting other remedies, we may suspend, limit, or terminate our Services and your account, prohibit access to our Site, delay, block, remove, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are breaching this Agreement, creating legal liabilities, or acting inconsistently with the letter or spirit of our Policies. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing accurate and truthful information to ShineOn (including your name and the retail price). If you have provided ShineOn with inaccurate or false information, (a) you shall be liable to ShineOn for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information; (b) you shall reimburse such damages and losses (including but not limited to taxes) to ShineOn; and (c) ShineOn shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
To the fullest extent permitted by law you will defend, indemnify, and hold ShineOn and all other ShineOn parties harmless from any claim or demand made by any third party (including, but not limited to, your Customers), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the ShineOn Parties, relating to or arising out of (a) your breach of these Terms, the Policies they incorporate by reference, or this Agreement; (b) your use (or misuse) of our Services, including any misuse by your Customers; (c) your Content or your Customer’s Content; (d) the infringement by your Content or your Customer’s Content of someone else’s intellectual property or other rights; (e) your or your Customer’s violation of any law or the rights of a third party; or (f) any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by ShineOn. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
To the fullest extent permitted by law you release ShineOn and all other ShineOn Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any ShineOn Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (i) which is disclaimed by ShineOn (or for which ShineOn provides no guarantees) under this Agreement; or (ii) for which ShineOn is otherwise indemnified or released by you under this Agreement.
16. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of New York, without regard to its conflict of laws rules.
17. Arbitration and jury trial waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
“Claim” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Commercial Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless ShineOn and you agree otherwise, any arbitration hearings will take place in New York City , New York, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and ShineOn acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and ShineOn agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SHINEON KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND SHINEON WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 17. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND SHINEON KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (i) your claim qualifies; (ii) your claim remains in such court; and (iii) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and ShineOn each agree to bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
- Personal Data in Partnership Opportunities. If you chose to partake in any Partnership Opportunities, you must comply with all applicable laws, including, where required, providing the necessary notice to your Customers and obtaining any express affirmative consent. You are strongly encouraged to seek independent counsel. To the extent ShineOn may process any of your Customer Personal Data in relation to Partnership Opportunities, ShineOn shall only do so on your instructions or in support of the Partnership Opportunities and at all times comply with all applicable sections of privacy laws. ShineOn shall promptly notify You after it makes a determination that it can no longer meet its obligations under applicable Privacy Laws. Further, ShineOn shall not sell or share any Personal Data related to the Partnership Opportunities other than as directed by you.
- Notwithstanding the foregoing, You instruct ShineOn to provide third parties, such as JTV, with Personal Data strictly for the purpose of campaign measures, Revenue attribution, and marketing that relates to a Partnership Opportunity. You are granted reasonable and appropriate steps to help ensure that ShineOn use the Partnership Personal Data in a manner consistent with Your obligations under applicable laws. You have the right, upon notice, to take reasonable and appropriate steps to stop and remediate ShineOn and its marketing partners unauthorized use of your Partnership Personal Data.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by ShineOn to assert a right or provision under this Agreement with respect to a breach shall not constitute a waiver of such right or provision to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
ShineOn will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in ShineOn’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; pandemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage..
ShineOn and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of ShineOn’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
20. Contact Us
If you have any questions about our Services, Products or this Agreement, you please contact us by email at firstname.lastname@example.org.
You may also contact us by phone at 1 (833) 610-2030 and mail at PO Box 20129, St. Petersburg, FL 33742.