Terms and Conditions

Below are Shiny Media's user agreement
For Shiny Media competitions' terms and conditions, please click here.

SHINY MEDIA User Agreement

This website (the "Website"), which you have just visited is owned and operated by Shiny Media Limited ("Shiny Media", "we", "us" and "our"). These terms and conditions of use ("User Agreement") govern the terms and conditions on which you (the "User") may access and use the Website, its content and any other site that forms part of the Shiny Media network. This User Agreement is effective as of 1 October 2008.

By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website.

If you register as a member of one of our Websites (a "Member") the additional terms of this User Agreement specific to Members will also apply to you.

Eligibility to use the Website. You must be 14 years or older to use the Website. By using the Website, you are stating that you are 14 years or older or that you are using the Website with the consent of a parent or guardian.

Privacy Policy. Shiny Media takes your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Please read our Privacy Policy carefully.

Your Conduct. You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that the Internet is not secure and that you, and not Shiny Media, are responsible for all electronic communications and content sent from your computer to Shiny Media and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities set out in Schedule A to this Agreement and Shiny Media reserves the right to prohibit your access to the Website.

Intellectual Property Ownership

Website Content. Shiny Media and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Websites (other than content posted on the Website by Members), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the "Shiny Media Content"). All Shiny Media Content posted, displayed, or available on the Website, including any compilation of the Shiny Media Content is the exclusive property of Shiny Media and is protected by applicable intellectual property laws.

Copyright. All Shiny Media Content posted, displayed, or available on the Websites is subject to copyright, unless otherwise noted, and may not be used except with the express written consent of Shiny Media. Unless otherwise agreed in writing by Shiny Media, you may not copy, display, or post any Shiny Media Content offered via the Websites on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on the Websites or on any Shiny Media Content posted, displayed, or made available on the Websites. To notify Shiny Media of claimed copyright infringement on the Website, please contact: info@shinymedia.com

Trademarks. All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the "Marks") that appear on the Website are proprietary to Shiny Media, or other respective owners specified on the Websites, or are used by Shiny Media to identify the owner of the relevant Mark, goods or services. Shiny Media may not be licensed to use all Marks that appear on the Website. You may not display or reproduce any of the Marks other than with the prior written consent of Shiny Media, and you may not remove or otherwise modify any trademark notices posted on the Website or on any Shiny Media Content posted, displayed, or made available on the Website.

Licence to Use. Shiny Media grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You shall not (a) download (other than page caching as part of your browser's normal operations), copy or modify the Website or any portion of the Website;(b) participate in or facilitate any resale or commercial use of the Website or any Shiny Media Content; (c) participate in or facilitate any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website; (d) prepare any derivative works of the Website or the Shiny Media Content; (e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material or proprietary part of the Website; (f) publish, distribute, or otherwise transfer any material or proprietary part of the Website or the Shiny Media Content; or (g) create your own database that reproduces a material or proprietary part of the Website or any Shiny Media Content. All rights not specifically granted in this Agreement by Shiny Media are withheld and retained by Shiny Media.

You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the "SHINY MEDIA" name or any other of Shiny Media's names or trade marks.

Shiny Media reserves the right to edit or delete any content on the Website. However, Shiny Media assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by emailing info@shinymedia.com or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.

Member Specific Terms

Your Account. On registering as a Member of a particular site, Shiny Media will allow you to select a username and password which will enable you to access your membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Website that occurs using your account or password.

Wherever you contribute to the Website, you will be identified by your username. If you do not want to be identified in this way, please adjust the settings on your user profile accordingly.

Services. By registering as a Member on the Website, you may benefit from a number of services not available to the Website's visitors. These services include:

Members' Content. Shiny Media does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Member Content"). By posting any content on the Website, you grant Shiny Media a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in Shiny Media's publicity or marketing materials and on any other Shiny Media branded websites and Shiny Media branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.

You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to Shiny Media and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person (because it has been taken from another site or otherwise). You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where you have permission to do so.

Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you make are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis.

You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services

Shiny Media's Control. Shiny Media reserves the right to refuse access to the Website and to suspend or terminate Members' accounts in its sole and arbitrary discretion. While Shiny Media prohibits persons under the age of 14, Shiny Media cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Shiny Media is not responsible for the acts and omissions of Members or users of the Website.

Information Control. Shiny Media cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that Shiny Media is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.

Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. Shiny Media does not review content provided by Third Party Providers, never owns the Third Party Providers' products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.

Changes to this Agreement. Shiny Media reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.

Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Shiny Media reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. Shiny Media shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.

Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.

Exclusion of Warranties. Shiny Media gives no warranties whatsoever in relation to the Websites or any Shiny Media Content, Member Content, third party content, products or services posted, displayed or made available on the Website. Shiny Media excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. Shiny Media expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.

Limitations of Liability.

Shiny Media excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.

Shiny Media excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.

In no circumstances shall Shiny Media be liable to you for any amount exceeding £100 (one hundred pounds sterling).

Nothing in this User Agreement excludes or limits Shiny Media's liability for death or personal injury or fraud by Shiny Media.

Indemnity. You agree to indemnify and hold harmless Shiny Media, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.

Entire Agreement / Waiver. This Agreement represents the entire agreement between you and Shiny Media in relation to your use of the Website(s) (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and Shiny Media with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by Shiny Media of any right or remedy under this Agreement will prevent Shiny Media from enforcing any of its rights or remedies in any other situation where you breach this Agreement.

Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Shiny Media as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified in section 17 below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.

Governing Law. This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.

Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Shiny Media, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay Shiny Media £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages Shiny Media would suffer as a result of your transmitting unsolicited communications via the Website.

Competition Terms and Conditions

These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions included on participating Shiny Media websites ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
The Competition is organised by Shiny Media LTD, of 2 Tower House, Hoddesdon, Hertfordshire, EN11 8UR ("Shiny Media").
Rules specific to each Competition are displayed in a notice included on the participating Shiny Media websites posting for such Competition (the "Competition Notice") and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
Shiny Media reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, Shiny Media Limited of 2 Tower House, Hoddesdon, Hertfordshire, EN11 8UR.
In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Shiny Media shall be final and no correspondence or discussion shall be entered into.

Qualifying Entrants

To qualify to enter the Competition you must be resident in the United Kingdom.
Employees of Shiny Media or any company involved in the Competition or any advertising agency or web company connected with Shiny Media or any such person's subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. Shiny Media reserves the right to verify the eligibility of all entrants.
Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
Shiny Media assumes that by using its site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules.
Shiny Media reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
In the event that any entrant is disqualified from the Competition, Shiny Media in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

Competition Entries

Only one entry per person per Competition is allowed.
Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
There is no purchase requirement to enter a Competition and there is no charge to register for use of the www.shinymedia.com websites.
Proof of posting cannot be accepted as proof of delivery. Shiny Media cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
Entrants should note that unless stated otherwise, Shiny Media does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.
18. All entrants aged 16 and under at the date that a Competition closes must provide a consent form signed by a parent/guardian if they win the competition.

Prizes

Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by Shiny Media and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Shiny Media shall be final and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)' names may be published on the websites of Shiny Media or you can write to Competition Prize Winners, 2 Tower House, Hoddesdon, Hertfordshire, EN11 8UR naming the specific competition including a self-addressed stamped envelope for a list of winners.
Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
Prizes are non-transferable and there is no cash or credit alternative. Shiny Media reserves the right to substitute prizes of equal or greater value at any time.
Prizes are awarded at Shiny Media's discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Shiny Media reserves the right to request written proof of age of any winner.
All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

Intellectual Property Rights

In consideration of Shiny Media agreeing to consider entrants to the Competition, each entrant hereby assigns to Shiny Media the complete copyright and all other rights in any entry, which shall be for the full period of copyright. Shiny Media shall be free to assign such rights to third parties.
Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, Shiny Media reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

Shiny Media cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Shiny Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Shiny Media's liability for death or personal injury as a result of its negligence.

Data Protection and Publicity

Winners may be requested to take part in promotional activity and Shiny Media reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual's prior consent.

Jurisdiction

The Competition and the terms and conditions of this agreement will be governed by English law.

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