By accessing this website (including all material contained therein), you declare your assent to the following terms and conditions as well as our acceptable use policy. Please read them carefully.
By accessing the shinywhitebox media hosting site (hereinafter referred to as SWBMHS), you certify that you will not copy or distribute any part of the website without prior written authorization from shinywhitebox ltd, and that you will fully comply with the terms and conditions of these terms of service as well as our acceptable use policy.
3. Intellectual Property Rights
The SWBMHS website, except all user submissions (as defined below), including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like (“content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to shinywhitebox ltd. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without the prior written consent of their respective owners.
4. User Submissions
A. SWBMHS allows its users to submit and publish video (or other material as becomes applicable). You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with your submissions, you affirm/warrant that:
You further agree that you will not:
shinywhitebox ltd does not endorse any user submission, and expressly disclaims any and all liability in connection with user submissions. shinywhitebox lit does not permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their user access terminated.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA agent (firstname.lastname@example.org) with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):
You understand that when using the SWBMHS website, you will be exposed to user submissions from a wide variety of sources, and that shinywhitebox ltd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against shinywhitebox ltd with respect thereto, and agree to indemnify and hold shinywhitebox ltd and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
shinywhitebox ltd reserves the right to discontinue any aspect of the SWBMHS website at any time and for any reason.
5. Hosting Credit / Automated Top Up
Automatic Top up is a recurring payment method that enables you to automatically top up your shinywhitebox ltd account by an amount that you have previously set when your balance falls below zero. The Automatic Top-up payment method is governed by these Terms and Conditions (“Terms”). Please read these Terms carefully. You should understand that by completing the registration process you agree to be bound by these Terms.
You can register for Automatic Top-up by using the SWBMHS (uploading a video, for example). The service will automatically register you and send welcome information to your current registered email address. Automatic top-up is for Mastercard and Visa credit / debit cards only.
shinywhitebox ltd will send you an email within 24 hours of taking a payment from your account following an Automatic Top-up.
You can changes the amount of your Automatic Top-up or the credit/debit card that is debited by logging into the shinywhitebox website and visiting the “Hosting” page. If your credit card details change, and you do not update your account, payments to your hosting account may fail and your balance will not be topped up.
If you would like to cancel your Automatic Top-up, log into the website and click the “Remove Card” button.
By completing the Automatic Top-up registration process you confirm that the credit/debit card being used is yours. Your credit card will be subject to validation checks and authorisation by your card issuer. Your details will be passed to third parties for the purposes of carrying out these checks and reporting any fraudulent activity. Your card details will be not be used if your card issuer refuses to authorise an Automatic Top-up payment. shinywhitebox ltd is not responsible for your card issuer charging you as a result of it processing your credit/debit card payment.
shinywhitebox ltd will use the information that you have supplied for the Automatic Top-up service to process the payments that you have authorised, including carrying out the authorisation and validation processes set out above.
shinywhitebox ltd does not store your credit card details. shinywhitebox ltd will only use the data provided on the Automatic Top Up form to administer recurring payments, customer service, and support.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SWBMHS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, shinywhitebox ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. shinywhitebox ltd MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
shinywhitebox ltd DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SWBMHS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND shinywhitebox ltd WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL shinywhitebox ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT shinywhitebox ltd SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
These terms of service, together with the privacy notice and any other legal notices published on the SWBMHS website, shall constitute the entire agreement between you and shinywhitebox ltd. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and shinywhitebox ltd’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. shinywhitebox ltd reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the SWBMHS website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.
shinywhitebox ltd reserves the right to amend or vary these terms and conditions or to withdraw the server at any time on reasonable notice.