Terms of Service
We’re pleased you’ve decided to use the SHiNE app, website and our other products and services, which we refer to simply as the “Services.” We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the parameters of our relationship with you. Although we have attempted to strip the legalese from the Terms, there are places where these Terms may still read like a traditional legal contract, and that is because they do indeed form a legally binding contract between you and SHiNE Global Network, Inc so please read them carefully. By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then please don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND SHINE GLOBAL NETWORK, INC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SHINE GLOBAL NETWORK, INC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
SHiNE is a fun, biblically-based, inspirational, interactive Christian Social Media Network that is free of inappropriate content for the entire family. SHiNE connects individuals, churches, businesses, non-profits, charities, and communities. SHiNE provides a platform for individuals and organizations to capture and share experience, strength and hope through God moments, activities and events allowing God’s light to SHiNE into the lives of others (Matthew 5:14).
Who This is For
SHiNE Global Network, Inc has created SHiNE using Biblical principles as we interpret them as our basis of the community value system (2 Corinthians 1:12, Romans 8:14). We aim to provide a “safe” environment for people of all ages and ask each user to respect the tenets set forth in the Bible and the Apostle’s Creed, which states:
“We believe in God, the Father Almighty, Creator of heaven and earth; and in Jesus Christ, His only Son, our Lord: Who was conceived by the Holy Spirit, born of the Virgin Mary; suffered under Pontius Pilate, was crucified, died and was buried. He descended into hell; the third day He rose again from the dead; He ascended into heaven, is seated at the right hand of God the Father Almighty; from thence He shall come to judge the living and the dead. We believe in the Holy Spirit, the communion of Saints, the forgiveness of sins, the resurrection of the body, and life everlasting.” In addition, we ask each user to conduct themselves utilizing the “Fruit of the Spirit” as found in Galatians 5:22 as their compass and standard of conduct while utilizing our services.
1. Who Can Use the Services
By using the App or website, you agree to acknowledge and respect the tenets set forth above. No one under 13 is allowed to create an account or use the Services. Parents may set up and communicate on behalf of their child using an account. Parents may monitor a child using the service with them. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms.
By using the Services, you state that:
• You can form a binding contract with SHiNE Global Network, Inc
• You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other prohibition, such as registration on the sex-offender registry of any state.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You
SHiNE Global Network, Inc grants you a personal, worldwide, royalty-free, non- assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. For all Services, you grant SHiNE Global Network, Inc and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content.
This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. To the extent it’s necessary, when you appear in, create, upload, post, or send content, you also grant SHiNE Global Network, Inc, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from SHiNE Global Network, Inc, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the SHINE App or on one of our business partner’s platforms.While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.The Services may contain advertisements. In consideration for SHiNE Global Network, Inc letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although SHiNE Global Network, Inc reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot— and do not—take responsibility for any content that others provide through the Services. By posting content, you agree to take all responsibility for that content, and to indemnify SHiNE Global Network, Inc Through these Terms we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
Your privacy matters to us. By using our Services, you agree that SHiNE Global Network, Inc can collect, use, and share your information for purposes including monitoring the Services environment for all threats, bullying, profanity, lewd and or vulgar pictures and videos, as well as advertising on the Services. SHiNE Global Network, Inc cooperates with law enforcement in all matters, including but not limited to suspending accounts from terrorists or associated with terrorism and making personal posts and content relating to illegal activities and terrorism available to law enforcement without restriction. Furthermore, we retain the right to suspending accounts and removing posts related to organized crime, human trafficking, pornographic sites or activities, prostitution, and any illegal and immoral activities so deemed by SHiNE Global Network, Inc To have complete privacy you must mark your content and interactions as “private” in the profile section. You are in control of what type of community you create. You choose the people that you invite to “follow” and or who you chose to “follow”, you may add to your groups and events
6. Respecting Other People’s Rights
SHiNE Global Network, Inc respects the rights of others, and you must, too. You therefore may not use the Services in a manner that:
7. Respecting Copyright
SHiNE Global Network, Inc respects the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to remove from our Services any potentially infringing material that we become aware of. And if SHiNE Global Network, Inc becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our control to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our Copyright Agent: SHiNE Global Network, Inc 39555 Orchard Hill Place Suite 600 Novi, MI 48375 email: dmca@SHiNEglobalnetwork.com
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. So, by using the Services, you agree that:
9. Your Account
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure.. We do not use passwords, but rather authentication to a mobile device, so you are responsible for keeping your mobile device secure. By using the Services, you agree that, in addition to exercising common sense:
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
The Services use user names but do not use passwords. A user receives a SMS message when they remain logged in for 30 days if not logged out manually, and you consent to receive this type of message as well as notifications of breaches of these Terms and Conditions.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. SHiNE Global Network, Inc is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong SHINE app user, you can terminate these Terms at any time and for any reason by deleting your account. SHiNE Global Network, Inc may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and SHiNE Global Network, Inc continue to be bound by Sections 3, 6, 9, 10, and 12-21 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless SHiNE Global Network, Inc, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SHINE GLOBAL NETWORK, INC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. SHINE GLOBAL NETWORK, INC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SHINE GLOBAL NETWORK, INC WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHINE GLOBAL NETWORK, INC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SHINE GLOBAL NETWORK, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHINE GLOBAL NETWORK, INC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $150 USD OR THE AMOUNT YOU PAID SHINE GLOBAL NETWORK, INC, IF ANY, IN THE LAST 12 MONTHS.
16. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SHINE GLOBAL NETWORK, INC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL
• Applicability of Arbitration Agreement. You and SHiNE Global Network, Inc agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services will be resolved by binding arbitration on an individual basis, except that you and SHiNE Global Network, Inc are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
• Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. You and SHiNE Global Network, Inc agree to binding arbitration by Hewson & Van Hellemont Arbitration located at 25900 Greenfield Road Suite 650 in Oak Park, Mi. 48237.
• The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
• Fees. If you choose to arbitrate with SHiNE Global Network, Inc, you will not have to pay any fees to do so. That is because SHiNE Global Network, Inc will reimburse you for your filing fee and arbitration fees.
• Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and SHiNE Global Network, Inc The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SHiNE Global Network, Inc
• Waiver of Jury Trial. YOU AND SHINE GLOBAL NETWORK, INC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SHiNE Global Network, Inc are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SHiNE Global Network, Inc over whether to vacate or enforce an arbitration award, YOU AND SHINE GLOBAL NETWORK, INC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.
• Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
• Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with SHiNE Global Network, Inc
17. Exclusive Venue
To the extent that these Terms allow you or SHiNE Global Network, Inc to initiate litigation in a court, both you and SHiNE Global Network, Inc agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for Michigan. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Michigan. You and SHiNE Global Network, Inc consent to the personal jurisdiction of both courts.
18. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Michigan, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
21. Final Terms
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and SHiNE Global Network, Inc, and supersede any prior agreements.
SHiNE Global Network, Inc
888-744-3633 – Fax
39555 Orchard Hill Place Suite 600
Novi, MI 48375
Copyright 2018. Shine Global Network