iSHINE LIVE! I) Terms of Use; II) Terms of Sale

 

I. TERMS OF USE.

PLEASE READ THIS DOCUMENT CAREFULLY. This website, ISHINE LIVE!.COM is owned and operated by BEMA MEDIA, LLC, a Texas limited liability company (collectively, “Company” or “we”, “us”, or “our”). Your use of this website (hereinafter the “Website”) is subject to the following terms of use, privacy policy and terms of sale (if applicable) (collectively the “Terms”). These Terms apply to the Website and all other websites operated by Company (unless a different “terms of use,” “privacy policy,” and/or “terms of sale” are provided on a particular website, in which case such different policy shall control). You agree to these Terms by accessing this Website and/or by accepting any information from this Website. We reserve the right in our sole discretion to modify, alter or otherwise change these Terms and you agree to be bound by such modifications, alterations or changes. We will post changes here, so check back periodically. Information contained on the Website may be changed or updated without notice. Your continued use of this Website after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes.

1. Restrictions on Use.

1.1 All pages within this Website and any material made available for download are the property of BEMA MEDIA, LLC and/or its affiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Company. This Website is for your own personal use. Any rights not expressly granted by these Terms are reserved by Company.

1.2 You agree that: (a) You will not reprint, republish or distribute in any way any information or materials found on the Website; (b) You will not use any of the information on the Website for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way; (c) You will not provide to us or post on the Website any information that is not correct, such as an incorrect name, address, email address, or any other incorrect information; (d) You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive, or hateful; (e) You will not share your password; (f) You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way used or downloaded from the Website; (g) You will not post any materials on our Website in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights; (h) You will access and use the Website only for your own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business; and, (i) You will follow our instructions regarding your use of the Website including, but not limited to, any instructions we provide to you regarding postings to the Website.

2. Trademark/Copyright Notice. You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the Website’s content including, but not limited to, any patents, trademarks, service marks, and copyrights. iSHINE andiSHINE LIVE are the logos, trademarks, and service marks of BEMA MEDIA, L.L.C.

3. Confidential and Proprietary Information. Company does not want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to Company through the Website will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

4. Links to Our Website. If you desire to provide a hyperlink for commercial purposes from your Website to our Website, you must obtain our written prior consent .

5. Links or Pointers to Other Websites. Company makes no representations whatsoever about any other website that you may access though this Website. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

6. Copyrights and Copyright Agents. Company respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Company’s Copyright Agent may be reached at tomjohnson@cableone.com or by mailing a letter to

BEMA MEDIA, LLC

ATTENTION: COPYRIGHT AGENT/TOM JOHNSON

2000 Mallory Lane -Suite 130-201

FRANKLIN, TN 37067

If you believe that any Community Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Company’s Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

3. The exact URL or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located on the Website;

4. Your name, address, telephone number and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and,

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

7. Submissions Policy: We do not accept unsolicited submissions for motion pictures, television programs, records, web sites or other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of our staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to us through this Website or otherwise. Except as otherwise described in the Website’s Privacy Policy, which is set forth below, anything you submit to us through this Website or otherwise (whether solicited or unsolicited), including, without limitation, any ideas, data, questions, artwork, comments, suggestions, or personal information (jointly and severally, “Submissions”), is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. You hereby irrevocably grant, transfer, sell and assign to us all right, title and interest in and to those Submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights that may subsist in the Submissions. You further agree that we will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, license, perform, reproduce, disclose, transmit, publish, broadcast, post, sell, translate, create derivative works of, or distribute any Submissions or portions of any Submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such information. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submissions.  You hereby waive any moral rights you may have in and to any of your Submissions, even if such material is altered or changed in a manner not agreeable to you. You represent that any Submissions are original with you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that we determine is necessary to affect the intentions of these Terms. You agree and understand that we are not obligated to use any Submission you make to us through the Website or otherwise and you have no right to compel such use. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of an actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

8. Warranty Disclaimer. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. BEMA MEDIA, L.L.C., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. Although we attempt to ensure the integrity and accurateness of the Website, we make no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

9. Limitation of Liability. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE INCLUDING ANY DOWNLOADS FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE FOR THE ONE MONTH PERIOD ENDING ON THE DATE A CLAIM IS MADE, AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.

10. Indemnity. You agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website. You further agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.

12. Reporting Violations. If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy set forth in paragraph 6 of these Terms of Use.

13. Assignments. We may assign all rights hereunder to any other individual or entity at our discretion.

14. Compliance with Law. In using the Website, you agree that you will comply with all applicable laws.

15. Survivability. The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

16. Severability. The unenforceability or invalidity of any term, provision, section, or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections, or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

17. Interpretation. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

18. Choice of Law and Venue. These Terms are entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Grayson__ in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement. These Terms constitute the entire agreement between us and you pertaining to the subject matter of this Agreement. In our sole discretion, we may modify these Terms by posting the revised version on this Website and you agree that each visit by you to this Website is a new transaction governed by the Terms linked on this Website at that time.

20. No Unlawful or Prohibited Purpose. As a condition of your use of this Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

21. Contacting Us. If you have comments or questions about any of our policies or the Website, please contact us. For information about your payment or order, please contact us at 615-525-4010 or we can also be reached via email atinfo@ishinelive.com.

Our mailing address is:

2000 Mallory Lane

Suite 130-201

Franklin, TN 37067
USA

II. TERMS OF SALE

1. Shipping Policy. Most orders are shipped within 3-5 business days. All orders are shipped via USPS, DHL, FedEx, UPS or comparable carrier. Processing time of your order can vary from 3-14 days depending on product availability, or in some cases up to 4-6 weeks. Orders shipped by ground service average 4-10 business days from date of order to reach its destination. Orders shipped by priority service (Priority Shipping) average 3-7 business days from date of order to reach its destination. Additional charges may apply depending on weight. We will notify you of any additional charges before shipping. When calculating actual ship date, please do not count Saturdays, Sundays or Federal Holidays. DHL will not ship to P.O. Boxes. Please include a complete street address for all orders. If ordering internationally, any taxes, customs, or related fees will be your responsibility at the time of receipt.

2. Billing Policy. We accept Visa, MasterCard, Discover, and American Express. All online orders are processed through 128 bit SSL encryption to protect your credit card information during your online transaction. All prices and figures are listed in US Dollars.

3. Return Policy. Due to vendor policies, web orders are considered nonrefundable. Damaged or defective product may be returned within 30 days of purchase and we will be happy to exchange it for a complete replacement.

4. Account policy. iSHINE LIVE! Reserves the right to de-activate or remove any user accounts provided at www.iSHINELIVE.com without a notice if user has provided wrong information, has violated common Internet policies or if the account has been inactive for more than 60 days.

5. Download License. Downloads are solely for personal, noncommercial use. Copies of download can only be stored on computers or devices owned by the person or entity that purchased the download. Additional licenses of downloads can be purchases from www.iSHINELIVE.com.

6. Taxes. You are responsible for any sales, use and import taxes owed in connection with any Download.