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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. 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 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").

4.2 Purchases, Orders, and Payments (If Applicable)

If the Website offers purchasing functionality: 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; unless required by applicable law, 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.

5. Undertakings of the Parties

5.1 User Undertakings

You agree that you will not, directly or indirectly, without ShiningPandas' prior written consent:

  • 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 endorsement without permission.
  • Register trademarks, copyrights, domains, usernames, or social handles that incorporate ShiningPandas or its characters.
  • Remove, obscure, or alter copyright, trademark, or proprietary notices.
  • Upload or share content that is defamatory, obscene, pornographic, abusive, harassing, violent, hateful, racist, discriminatory, or otherwise objectionable.
  • Use the Website to promote illegal activities or content that infringes the rights of others.
  • Decompile, disassemble, reverse engineer, or attempt to discover the source code of the Website.
  • Interfere with the operation of the Website through bots, scraping, spamming, or denial-of-service attacks.
  • Introduce malware, viruses, or attempt to gain unauthorized access to any systems or accounts.
  • Violate any applicable law or regulation.

5.2 ShiningPandas Undertakings

ShiningPandas will use reasonable efforts to act fairly and professionally, communicate clearly with our community, maintain reasonable security standards, and treat community members with respect and consistency.

6. Security

We use reasonable efforts to maintain the security and operation of the Website, but 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.

Malicious third parties may attempt to sell counterfeit ShiningPandas products or falsely claim affiliation. Your interactions with third parties are at your own risk. If you suspect counterfeits or impersonation, contact us at hello@shiningpandas.com.

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.

8. Warranty and 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 of the Website or Services.

You agree to indemnify, defend, and hold harmless ShiningPandas from and against any claims, liabilities, damages, losses, and expenses arising from your breach of these Terms, your misuse of the Website or ShiningPandas Property, or your violation of any law or third-party rights.

9. Miscellaneous

If we believe you have violated these Terms, we may limit, suspend, or terminate your access at any time, without notice and without liability. 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 without our prior written consent. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

10. Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of Maryland. Any dispute arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Maryland.

11. Contact Information

12. DMCA

We respect the intellectual property rights of others. If you believe content on the Website infringes your copyright, submit a DMCA notification to hello@shiningpandas.com including: a signature of the authorized person; identification of the copyrighted work; identification of the infringing material; your contact information; a good faith statement; and an accuracy statement under penalty of perjury.

If your content was removed and you believe it was a mistake, you may submit a counter-notice including your signature, identification of the removed material, a statement under penalty of perjury that removal was a mistake, and your contact information.

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