If you would like to set up a FREE Shindig Digital Programs Account for your organization, please start by entering your Organization Email as your username.
Enter your Email
Email:
If you are not an administrator with this organization, please refer someone who is to this site.
Terms of Service
1. Acceptance of Terms.
These Terms of Service ("Terms") are between you and Shindig Programs Inc. ("Company," "we," or "us"). The following terms and conditions govern your access to and use of the Shindig Platform, which include our Shindig Digital Program and Fundraising Services made available at https://shindigprograms.com/ ("Website") and/or through our mobile application where these Terms are posted or referenced (together with related products, software, and services offered on or through Website or application and our applicable Fundraising Services, collectively, the "Platform"). Your ("you", or "your") use and access to the Platform is governed by these Terms, whether as a guest or registered school, booster, or other organization ("Partner"), or as a Partner contributor or donor ("Donor").
BY ACCEPTING THESE TERMS THROUGH USE OR ACCESS OF THE PLATFORM, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS, AND OUR PRIVACY POLICY, AND WHERE APPLICABLE CHILDREN'S PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A PARTNER OR OTHER COMPANY OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY OR CHILDREN'S PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE OR ACCESS THE PLATFORM.
These Terms may be modified or amended by the Company in its sole and absolute discretion at any time. Changes will be effective immediately. The Company will make food faith efforts to provide a minimum of thirty (30) days prior notice of any material change. Your continued use of the Platform thereafter shall be deemed to be consent to and acceptance of these Terms as revised. If you do not agree to any change, your sole remedy is to cease using and accessing the Platform
.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 23 "CLASS ACTION WAIVER; ARBITRATION" AND SECTION 24 "JURY TRIAL WAIVER" BELOW FOR DETAILS REGARDING ARBITRATION AND WAIVERS.
2. Shindig Platform and Access.
Shindig Digital Program. The Shindig Digital Program offers a free, paperless solution for creating and distributing event programs, playbills, and rosters to mobile devices. Partners and their users can register their organizations, create digital event programs with colorful designs and bios. The Shindig Digital Program is accessible by all users, whether as a registered user or guest through the Platform.
Fundraising Services. The Platform includes fundraising services for Partners and Donors of Partners that provide features designed to enhance Donor engagement and increase visibility for our Partners' fundraising initiatives utilizing the Platform. To the extent a Partner has entered into a Partner Agreement with the Company, Donors will have the capacity to contribute as General Donations and/or Shout-outs (collectively, "Fundraising Services"):
General Donation: General Donations are monetary donations of any amount that are given to the Partner through the Platform. The Donor does not receive any goods, services, or benefits in return for the donation, except where there may be tax benefits for the Donor. To the extent Partner has enabled this service, Donor's may donate via the Platform.
Shout-outs: Shout outs are pre-loaded sharable graphics that contain words or images of encouragement for participants. These sharable graphics can be personalized for a specific individual as well as contains the name of the person sending the shout-out. To the extent Partner has enabled this service, Donor's may contribute at the price set by the Partner via the Platform.
Donors. The Company is committed to protecting the privacy of all Donors and will not share or sell Donor information with any third parties, unless required by law or with your consent. The Company will provide donation receipts to Donors for their records in compliance with applicable tax laws. However, individual tax situations may vary, and Donors are advised to consult with their tax advisors for specific deductibility information.
If you create an account through the Platform, whether as a Partner or Donor or otherwise, you are responsible for maintaining the security of your account, and if you are an Administrator of a Partner all your authorized user accounts; and you are fully responsible for all of the activities that occur under the account(s) and any other actions taken in connection with them. Providing false contact information of any kind may result in the termination of your account.
You must treat your login credentials as confidential and not disclose it to any third party, including your username, password, or any other information. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. We will treat all actions through your account as if conducted by you, whether or not you had knowledge of the unauthorized use of your account. You must immediately notify the Company of any unauthorized users of your account or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind, incurred as a result of such acts or omissions.
The Company may suspend, disable, terminate, or delete your account, or any of your authorized users, if we determine that you have violated any of these Terms or that your conduct or content would damage the Company's reputation and goodwill.
The Company is based in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
3. Donor and Partner Payment Processing Terms.
Donors and Partners agree to provide current, complete, and accurate account information and donor information as a Donor, and deposit information as a Partner, for transactions via the Platform. You additionally agree to expeditiously update your information, inclusive of your email address, payment method, and payment card expiration date. This is necessary so our third-party payment processor can successfully complete your transactions and reach out to you when required. Please note that we do not process your payment information directly; all of your payment information is handled by our secure, third-party payment processor.
4.Term and Effect of Termination.
These Terms shall remain in full force and effect while you use the Platform, unless earlier terminated by the Company. Upon termination of your use of the Platform, (i) all licenses granted pursuant to these Terms shall immediately terminate, and (ii) the sections of these Terms which by their nature should survive termination shall survive termination, including without limitation, Sections 3, 4, 5, 6, 7, 9, 12 through 27. Termination shall not affect any obligation accrued or arising prior to such termination.
5. User Representations.
By using the Platform, you represent and warrant that: (i) all account information you submit, if any, will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such information as necessary: (iii) you have the legal capacity to agree to these Terms; (iv) you are not a minor in the jurisdiction where you reside acting without parental consent; (v) you will not access the Platform through automated or non-human means; (vi) you will not take any action that results in an unreasonable load on the Company's infrastructure; (vii) you will not use the Platform for any illegal or unauthorized purpose; and (viii) your use of the Platform will not violate any applicable law or regulation. You shall at all times abide by all applicable local, state, federal, and foreign laws in connection with your use of the Platform.
6. Use Restrictions.
You shall not use the Platform for any purposes beyond the scope of the access granted under these Terms. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Platform, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform; (v) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property right or other right of any person, or that violates any applicable law; (vi) use or access the Platform for purposes of creating or marketing a similar or competitive solution with the Platform; or (vii) use the service in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform. You acknowledge that the Platform may contain self-reporting technology by which the Company may receive information deemed relevant by the Company to providing or improving the Platform, monitoring compliance, and any other purposes as determined by the Company in its reasonable discretion. You shall not tamper with or attempt to disable such self-reporting technology.
7. Partner Contributions.
The Platform contains profiles, rosters and other interactive features (collectively, "Interactive Services") that allow any Partner to post, submit, publish, display, or transmit to public areas of the Platform or to other persons (hereinafter, "post") content or materials including without limitation text, images, or videos (collectively, "Partner Contributions") on or through the Platform. All Partner Contributions must comply with the Content Standards set out in these Terms.
Any Partner Contribution you post, which shall include Partner Contributions posted by others at your direction, to the Platform will be considered non-confidential and non-proprietary. By providing any Partner Contribution to the Platform, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that (i) you own or control all rights in and to the Partner Contributions and have the right and permissions to grant the license granted above to us and our licensees, successors, and assigns; (ii) all Partner Contributions do and will comply with these Terms; (iii) you are responsible for obtaining parental consent for all Partner Contributions containing minor information; (iv) you are responsible for verifying that all Partner Contributions comply with the Content Standards before they are posted onto the Platform; and (v) have the full authority to post the Partner Contributions and that such Partner Contributions do not violate any laws, regulations, or rights of any third parties.
BY USING OUR PLATFORM AND POSTING, SUBMITTING, PUBLISHING, DISPLAYING, OR TRANSMITTING PARTNER CONTRIBUTIONS ON OR THROUGH OUR PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT SUCH PARTNER CONTRIBUTIONS ARE PUBLIC AND NOT CONFIDENTIAL. YOU UNDERSTAND THAT YOUR PARTNER CONTRIBUTIONS MAY BE VIEWED BY OTHER USERS OF OUR PLATFORM AND THE PUBLIC AT LARGE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY PARTNER CONTRIBUTIONS YOU SUBMIT OR CONTRIBUTE, AND YOU, NOT THE COMPANY, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR, AND ASSUMES NO LIABILITY FOR, ANY PARTNER CONTRIBUTIONS, INCLUDING ANY LOSS, DAMAGE, OR HARM OF ANY KIND INCURRED AS A RESULT OF ANY PARTNER CONTRIBUTIONS TO YOU OR ANY THIRD PARTY.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PARTNER CONTRIBUTIONS AND THE CONSEQUENCES OF POSTING THEM. YOU AGREE TO HOLD THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR PARTNER CONTRIBUTIONS.
8. Monitoring and Enforcement.
The Company has the right to (i) remove or refuse to post any Partner Contributions for any or no reason in its sole discretion; (ii) take any action with respect to any Partner Contribution that it deems necessary or appropriate in its sole discretion, including if we believe that such Partner Contribution violates these Terms, including the Content Standards, infringes upon any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform of the public, or could create liability for the Company; (iii) disclose your identity or other information to any third party who claims that material posted by you violates rights, including their intellectual property or privacy rights; (iv) take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Platform; and (v) terminate or suspend your access to all or part of the Platform for any violation of these Terms.
Without limiting the foregoing, the Company has the right to cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
The Company does not review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. The Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no responsibility or liability to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards.
The standards set forth in this section ("Content Standards") apply to any and all Partner Contributions and use of Interactive Services. Partner Contributions must in their entirety comply with all applicable federal, state, locate, and international laws and regulations. Without limiting the foregoing, Partner Contributions must not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy or Children's Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (viii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or (ix) contain minor information without parental consent.
10. Reliance on Posted Information.
The information presented on or through the Platform is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you and any other visitor to the Platform, or by anyone who may be informed of its contents.
The Platform may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials and all other content, except for content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
11. License.
Subject to and conditioned upon your payment of applicable fees and compliance with these Terms, the Company hereby grants to you a non-exclusive, non-transferrable, non-sublicensable, limited right to access and use the Platform in accordance with the terms and conditions herein.
12. Privacy Policy.
As a provider of an online service, the Company requires users to provide certain information when registering to receive our Platform. All information provided by users is collected, used, maintained, shared, and destroyed in accordance with the Company's Privacy Policy and Children's Privacy Policy and incorporated into this Agreement by reference. By using the Platform, you agree to be bound by our Privacy Policy, and where applicable our Cookie Policy and Children's Privacy Policy made available on our Platform.
13. Intellectual Property.
Except as otherwise indicated, all copyrights, trademarks, trade name, service marks, logo, corporate name, trade secrets, patents, patent applications, moral rights, contractual rights of non-disclosure, or any other proprietary rights or other intellectual property rights (including without limitation any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database or data right), and license or other contract relating to any of the foregoing, and any goodwill associated with any business owning, holding, or using any of the foregoing ("Intellectual Property") in and to the Platform are owned and controlled by or licensed to the Company. The Company owns all Intellectual Property that it develops in connection with the Platform. No part of the Platform may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company's prior written permission. These Terms do not transfer to you any right of ownership in or related to the Platform.
The Company acknowledges that you own all right, title, and interest, including at Intellectual Property rights, in and to your data. You hereby grant to the Company a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your data and perform all acts with respect to your data as may be necessary for the Company to provide the Platform to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display your data.
The Company takes no responsibility and assumes no liability for any content that you post, send, or otherwise make available through the Platform. You shall be solely responsible for your content and the consequences of posting, publishing, sharing, or otherwise making available contact on the Platform, and you agree that the Company acts only as a passive conduit for your online distribution and publication of such content. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of or relating to any such content.
14. Feedback.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Feedback") provided by you to the Company is non-confidential and shall become the Company's sole property. The Company shall own exclusive rights, including all Intellectual Property rights, and shall be entitled to unrestricted use and dissemination of the Feedback for any lawful purpose without acknowledgement or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to such Feedback. You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
15. Aggregated Statistics.
The Company may monitor your use of the Platform and collect and compile data and information related to your use of the Platform in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform ("Aggregated Statistics"), and all Intellectual Property rights therein, belong to and are retained solely by the Company. You agree that the Company may make Aggregated Statistics publicly available in compliance with applicable law.
16. Suspension.
a. Notwithstanding anything to the contrary in these Terms, the Company may temporarily suspend your or any other user's access to any portion or all of the Platform for no reason or for any reason, including without limitation if (i) the Company reasonably determines, in its sole discretion, that (A) there is a threat or attack on any of the Company's Intellectual Property, (B) your use of the Platform poses a security risk to the Company's Intellectual Property or to any person, (C) you or any other user are using the Company's Intellectual Property for fraudulent or illegal activities, (D) subject to applicable law, you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of you assets, or have become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding, or (E) the Company's provision of the Platform to you or any user is prohibited by applicable law; and (ii) any vendor of the Company has suspended the Company's access to or use of any third-party services or products required to enable you to access the Platform ("Suspension").
b. The Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Suspension. The Company reserves the right to include as part of the Platform access restriction devices and methods designed to prohibit unauthorized access to its Intellectual Property rights in the Platform. Such methods may include the ability for the Company to access and pull data from the Platform as reasonably necessary to determine your compliance with these Terms.
17. Service Management.
The Company reserves the right, but not the obligation, to (i) monitor the Platform for violations of these Terms; (ii) take appropriate legal action against anyone who, in the Company's sole discretion, violates the law or these Terms; and (iii) otherwise manage the Platform in a manner designed to protect the Company's rights and property and to facilitate the proper functioning of the Platform.
18. Disclaimer of Warranties.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ERRORS OF DEFECTS WILL BE CORRECTED; OR (IV) THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
19. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE: (I) IF TO PARTNER, EXCEED THE AGGREGATE ADMINISTRATION FEE ACTUALLY PAID BY PARTNER TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ACTUAL DIRECT DAMAGES NOT TO EXCEED ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY; (II) IF TO A DONOR, DIRECT DAMAGES NOT TO EXCEED ONE HUNDRED DOLLARS ($100); AND (III) TO ALL OTHER USERS AND PARTIES, THE COMPANY SHALL NOT BE LIABILITY FOR ANY DIRECT DAMAGES (WITHOUT LIMITING THE FOREGOING DISCLAIMER OF INDIRECT DAMAGES). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and their respective officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees, court costs and expenses, and investigatory expenses) arising out of or relating to your violation of these Terms or your use of the Platform.
21. Governing Law.
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.
22. Venue and Jurisdiction.
Except as required by Section 23 below, any other legal suit, action, or proceeding arising out of, or related to the Platform or these Terms shall be instituted exclusively in the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Class Action Waiver; Arbitration.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
To the maximum extent permitted by law, the Company and you each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, "Disputes") will be resolved solely by final and binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law located in Phoenix, AZ. Notwithstanding the forgoing, (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section above.
24. Jury Trial Waiver.
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
25. Limitation on Time to File Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Miscellaneous.
These Terms, together with any applicable Partner Agreement, and any policies or operating rules posted by the Company on the Platform constitute the entire agreement and understanding between you and the Company. The Company's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond the Company's reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these Terms or your use of the Platform. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
27. DMCA Notice.
In the event materials are made available through the Platform by third parties not within our control, the Company is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by it to infringe another party's copyright to remain displayed or available on the Platform. If you believe any materials on the Platform infringe a copyright, you should provide our Copyright Agent with written notice brian@shindigprograms.com that at a minimum contains the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. Upon receiving a valid copyright infringement notification, we will promptly investigate the matter and take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also notify the alleged infringer and provide them with an opportunity to respond to the notification.
If you believe that your content was wrongly removed or disabled as a result of a copyright infringement notification, you may send us a counter-notification in writing. Your counter-notification should include the following:
Your physical or electronic signature.
Identification of the material that has been removed or disabled and its location within the Platform.
A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification.
Sufficient contact information, such as your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, that you consent to the jurisdiction of the courts located within the jurisdiction in which our business address is located, and that you will accept service of process from the person who provided the copyright infringement notification or their agent.
Upon receiving a valid counter-notification, we will promptly forward it to the party who submitted the original copyright infringement notification. If that party does not notify us within a reasonable time that they have filed an action seeking a court order to restrain you from engaging in infringing activity, we may, at our discretion, restore the removed or disabled material.
28. Contacting Us.
If you would like to contact us concerning any matter relating to these Terms, you may contact us at:
Please allow a reasonable time for us to respond to your inquiries.
Updated: 9/20/2023
By checking this box, you acknowledge that you have read, understood, and agreed to the Partner Agreement and each of our applicable Terms of Service. If you do not agree with any part of this Agreement, please discontinue the use of this Platform.
