SHININGPANDAS™
WEBSITE TERMS OF USE

ShiningPandas LLC (the “Company,” “ShiningPandas,” “we,” “us,” or “our”) celebrates representation, inclusivity, and equal opportunities for all through our community and character-driven brand universe featuring the ShiningPandas™ characters, artwork, stories, products, and digital content (collectively, “ShiningPandas Property”).

These Website Terms of Use (the “Terms”) govern the relationship between ShiningPandas and any person (“User,” “you”) who accesses and/or uses our website located at [www.shiningpandas.com] (the “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.

1. CONDITIONS OF USE OF THE WEBSITE

The Website is intended for Users who are at least eighteen (18) years old.

By using the Website, you represent and warrant that you are at least eighteen (18) years old and that you have read, understood, and agree to be bound by these Terms.

If you are under eighteen (18) years old, you may use the Website only with the prior consent of a parent or legal guardian. Your parent or legal guardian must review these Terms with you and agrees to be responsible for your activities on the Website.

If you do not agree, in whole or in part, to these Terms, you must immediately stop using the Website.

2. AMENDMENTS TO THE TERMS

We may update these Terms from time to time. Changes become effective when posted on the Website.

If you do not agree to the updated Terms, you must stop using the Website and any related services.

3. ACCESS TO THE WEBSITE

You are responsible for obtaining the equipment and services necessary to access the Website (including internet access) and for any costs you incur.

We may, without notice and without liability, temporarily or permanently modify, suspend, or discontinue any part of the Website for maintenance, updates, security, operational reasons, or any other reason.

4. SERVICES

4.1 GENERAL SERVICES

The Website may provide access to content, features, and services related to ShiningPandas and its community, including but not limited to:

• information about ShiningPandas Products,

• announcements and updates,

• newsletters and email sign-ups,

• support and contact forms,

• promotions, giveaways, community submissions,

• ecommerce purchasing (if enabled), and

• other experiences we may offer (collectively, the “Services”).

Some Services may require you to provide certain information, create an account, or complete a purchase.

4.2 PURCHASES, ORDERS, AND PAYMENTS (IF APPLICABLE)

If the Website offers purchasing functionality, the following applies:

• Prices, taxes, shipping, and fees will be displayed at checkout.

• You agree that all information you provide is accurate and complete.

• We may refuse, cancel, or limit any order for any reason, including suspected fraud, reselling activity, inventory limitations, or violations of these Terms.

• Unless required by applicable law or as stated in a written return policy posted on the Website, all sales are final.

4.3 THIRD-PARTY PLATFORMS

The Website may link to third-party websites, marketplaces, or social platforms. Third-party services are not controlled by ShiningPandas and are used at your own risk. Your use of third-party services is governed by their own terms and policies.

5. UNDERTAKINGS OF THE PARTIES

5.1 USER UNDERTAKINGS

You agree that you will not, directly or indirectly, without ShiningPandas’ prior written consent (unless expressly permitted by law or a separate written agreement), do any of the following:

(I) Intellectual Property & Brand Misuse

• copy, modify, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, or exploit any part of the Website or ShiningPandas Property;

• use ShiningPandas Property in a way that suggests ShiningPandas endorses you or your product/service without permission;

• register or attempt to register trademarks, copyrights, domains, usernames, or social handles that incorporate or are confusingly similar to ShiningPandas or ShiningPandas characters;

• remove, obscure, or alter copyright, trademark, or proprietary notices.

(II) Prohibited Content & Conduct

• upload, post, transmit, or share content that is defamatory, obscene, pornographic, indecent, abusive, harassing, violent, hateful, racist, discriminatory, or otherwise objectionable;

• use the Website to promote illegal activities or content that infringes the rights of others;

• engage in behavior that could harm minors or exploit anyone.

(III) Technical Misuse

• decompile, disassemble, reverse engineer, or attempt to discover the source code of the Website (except to the extent permitted by law);

• interfere with the operation of the Website, including through bots, scraping, spamming, or denial-of-service attacks;

• introduce malware, viruses, malicious code, or attempt to gain unauthorized access to any systems or accounts.

(IV) General

• violate any applicable law or regulation;

• use the Website in any manner contrary to public order or fair use expectations.

5.2 SHININGPANDAS UNDERTAKINGS

ShiningPandas will use reasonable efforts to:

• act fairly and professionally,

• communicate clearly with our community,

• maintain reasonable security standards for our systems,

• treat our community members with respect and consistency,

  unless otherwise stated on the Website.

  
  

6. SECURITY

6.1 WEBSITE SECURITY

We use reasonable efforts to maintain the security and operation of the Website, but due to the nature of the internet, we cannot guarantee uninterrupted or error-free service.

You agree not to take any action that could jeopardize the security of the Website or interfere with Services, including attempts to access private data, passwords, or restricted systems.

6.2 MALICIOUS THIRD PARTIES & COUNTERFEITS

Malicious third parties may attempt to sell counterfeit ShiningPandas products or falsely claim affiliation with ShiningPandas.

Your interactions with third parties are at your own risk. If you suspect counterfeits or impersonation, contact us using the information in Section 11.

7. DISCLAIMER

The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, ShiningPandas disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Website will be uninterrupted, timely, secure, or error-free, or that any content is accurate or complete.

8. WARRANTY AND LIABILITY

8.1 LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will ShiningPandas be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use (or inability to use) the Website or Services.

8.2 INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ShiningPandas, and its members, managers, directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

• your breach of these Terms,

• your misuse of the Website or ShiningPandas Property,

• your violation of any law or third-party rights.

9. MISCELLANEOUS

9.1 BREACH OF TERMS

If we believe you have violated these Terms, we may limit, suspend, or terminate your access to the Website or Services at any time, without notice and without liability.

9.2 THIRD-PARTY CONTENT

The Website may include links to third-party sites or content. ShiningPandas is not responsible for third-party content and does not control it. You should read third-party terms and privacy policies.

9.3 ASSIGNMENT

ShiningPandas may assign its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, or sale of assets. You may not assign your rights or obligations without our prior written consent.

9.4 SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

9.5 ELECTRONIC COMMUNICATIONS

You agree that communications with us electronically (including email) satisfy legal requirements for written communication.

10. GOVERNING LAW & VENUE (MARYLAND)

These Terms are governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Maryland, and you consent to personal jurisdiction and venue in those courts.

11. CONTACT INFORMATION

Contact us at:

Email: hello@shiningpandas.com

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

NOTICE (COPYRIGHT CLAIMS)

We respect the intellectual property rights of others. If you believe content on the Website infringes your copyright, you may submit a DMCA notification to our email.

hello@shiningpandas.com

Your notice must include:

1. A physical or electronic signature of the authorized person;

2. Identification of the copyrighted work claimed to be infringed;

3. Identification of the infringing material and where it is located on the Website;

4. Your address, telephone number, and email;

5. A statement of good faith belief that use is not authorized;

6. A statement, under penalty of perjury, that the information is accurate and you are authorized to act.

COUNTER-NOTICE

If your content was removed and you believe it was a mistake or misidentification, you may submit a counter-notice to our DMCA Agent including:

1. Your signature;

2. Identification of the removed material and its prior location;

3. A statement under penalty of perjury that removal was a mistake;

4. Your name, address, phone number, and a statement consenting to jurisdiction of the federal court in your district (or Maryland if outside the U.S.), and service of process.

REPEAT INFRINGER POLICY

We may terminate access for Users who repeatedly infringe intellectual property rights.

TRADEMARK INFRINGEMENT

If you believe your trademark is being infringed on the Website, contact:

Trademark Email: hello@shiningpandas.com

Include:

• your signature,

• the trademark you claim is infringed,

• the allegedly infringing material and where it appears,

• your contact info,

• a good faith statement,

• an accuracy statement under penalty of perjury.