Shumailapc, Terms and Conditions of Use cover shumailapc website shumailapc.com, www.shumailapc.com, and the other related websites operated under the shumailapc.com domain (collectively, the “Site”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU ARE ACCESSING THE SITE AND SERVICES ON BEHALF OF A COMPANY THAT YOU REPRESENT (“YOUR COMPANY”), THEN YOU AGREE TO BIND BOTH YOURSELF AS AN INDIVIDUAL, AND YOUR COMPANY, TO ALL OF THE TERMS OF THIS AGREEMENT.
By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
Shumailapc reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.
Registration. To access any Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current, and complete.
Email Communication. You must provide your electronic mail (“email”) address when registering to access any Service. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of shumailapc. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (iii) by emailing the address at the bottom of newsletters and updates with “UNSUBSCRIBE” in the subject line.
Individual Features and Services. Certain features of the Services may have their terms and conditions that you must agree to when you sign up for that particular product, function, or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference. If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect.
Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site only for lawful purposes and solely by the terms of this Agreement. Shumailapc reserves the right to discontinue any aspect of the Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by shumailapc and its licensors.
You will not:
license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; modify or make derivative works based upon the Site or Services; reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; access or make use of the Services and Site by scripts or automated services; impersonate any person or use a name that you are not authorized to use; or compromise violate or impair system or network security or operation.
User Content. Some areas of the Site allow Users to post or provide content such as comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Site is referred to as “User Content”). Except Results (as defined below), we claim no ownership rights over User Content created by you; the User Content you create remains yours; however, by providing or sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content per your settings and this Agreement. Shumailapc has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site.
For this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent, and warrant the following:
You have the written consent of each identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise with such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and shumailapc use thereof as contemplated by this Agreement and the Site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Shumailapc may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
User Content License Grant. By posting or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to shumailapc a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and shumailapc (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
Ownership of Intellectual Property. Shumailapc and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. Shumailapc name and logo are trademarks of shumailapc, Inc., and no right or license is granted to you herein to use such trademarks.
Data Collection. Shumailapc will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). To the extent that any Results are collected by shumailapc, such Results will be solely owned by shumailapc (and you hereby assign any ownership rights in Results you may have to shumailapc), and they may be used by shumailapc for any lawful business purpose without a duty of accounting to you; provided, however, that shumailapc shall use the Results in an aggregated form only, without specifically identifying the source of the Results.
DMCA Notice. Since we respect artist and content owner rights, it is shumailapc policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) .
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify shumailapc copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed;Identification of the material that is claimed to be infringing and where it is located on the Site; Information reasonably sufficient to permit shumailapc to contact you, such as your address, telephone number, and, e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
Attn: DMCA NoticeAddress:
3015 Grand Avenue, Suite 301
Coconut Grove, FL 33133
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying shumailapc and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with shumailapc rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
By the DMCA and other applicable laws, shumailapc has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Shumailapc may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Representations and Warranties. You represent, warrant, and covenant for the benefit of Shumailapc that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of Your Company or other entity, to bind Your Company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to shumailapc in connection with this Agreement and your access to the Site and use of the Services is correct and current.
Indemnification. You agree to indemnify, defend, and hold harmless Shumailapc and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your Registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Shumailapc will provide you with notice of any such claim or allegation, and Shumailapc will have the right to participate in the defense of any such claim at its expense.