ShineOn Seller/Affiliate Terms and Conditions
We are building something special together, and want to be your jewelry partner for life! Thank you for being a Seller/Affiliate with us!
Note the following terminology that appears in this agreement:
The Site and the ShineOn Shopify App is operated by That’s No Moon Inc. d/b/a ShineOn ("us/we/our/ShineOn"). "Seller/Affiliate/you/your" means you as an Affiliate on the Site or the ShineOn Shopify App (collectively, the “ShineOn.com Platform”) or a Seller through your own Shopify store (“Store”).
- You can use the ShineOn Shopify App to create products, manage products, synchronize orders for products, manage orders, and monitor the status of orders.
- For every order that is synchronized to the ShineOn Shopify App, a payment must be made to cover the base (wholesale) cost of the order. This must happen before any product is manufactured or shipped.
- For every order that is synchronized to the ShineOn.com Platform, the product must ship before your commission is available for payout. Or, if you have more than 1,000 total units sold through the ShineOn.com platform, your commission for each order will be made available within 24 hours of each order.
- You agree to have invoices automatically billed at intervals if enabled in the ShineOn Shopify App Payments Settings.
- Unless otherwise specified, products can take up to five (5) business days from the invoice payment date to be shipped.
- If there are any problems with the product, design, manufacturing process, requested engraving, product specification, or any other unforeseen problems in creating and shipping an order, this may delay the shipment until resolved.
- If a shipment is returned to us due to a delivery issue, we will endeavor to contact you to resolve the issue.
- If an item cannot be delivered due to a customer error or address issue, and the problem cannot be resolved, no refund will be issued for the order.
- Any and all delivery concerns, including carrier issues or fulfillment delays, should be relayed to ShineOn support for a resolution.
- ShineOn will make every effort to ensure that the order is fulfilled as per the specification provided on the order. In the event of any errors or concerns, you must immediately notify ShineOn.
- ShineOn is not responsible for errors you make with designs and products, including but not limited to, a design not appearing as expected on the final product, unreadable text, color differences, and unexpected size of product.
- There may be times whereby ShineOn is unable to produce and ship an order within the usual timeframe. Such circumstances include extreme weather conditions, fire, natural disasters, utilities failure, technical failure of manufacturing equipment, and quality control issues. ShineOn will make every effort to inform you if a delay is expected for a particular order. However, ShineOn will not be responsible for delays for reasons outside its reasonable control. ShineOn is not liable for any losses incurred by you from the delay.
- ShineOn makes every effort to ensure the products and the ShineOn.com Platform perform as expected. In the event of an error, ShineOn shall not be held responsible for:
- Loss of earnings due to a ShineOn.com Platform issue, including but not limited to an outage affecting you or ShineOn;
- Cost of resolving issues on an order, such as missing code, product/order deletion and errors;
- Loss due to you being found liable for infringing the intellectual property rights of another, including but not limited to in an arbitration proceeding or litigation;
- Any development work required to support a particular theme, store or app conflict
- Suspension, loss or termination of a Store by Shopify.
- Before we can begin manufacturing or fulfilling any order, full payment for the invoice of the order must be made and cleared.
- We may cancel an order at any time before or after the invoice is paid, for any reason in our sole discretion.
- Where an order is cancelled, we will endeavor to contact you to inform you of the reason. A refund of the invoice value will usually be made, but is not guaranteed.
- Invoice payments are made with secure credit card payments provided by our payment processors.
- Invoices are charged in United States Dollars, and all processing/exchange fees incurred from the bank or payment platform are your responsibility.
- An automated billing service is available to process new order payments at regular intervals. These intervals may change at any time, although we will try to inform you where possible.
- It is your responsibility to ensure enough funds are on your payment card or method, and any fees for overdrafts, exceeding credit limits, or other fees are your sole responsibility.
- While billing errors are rare, any charges arising from errors on the part of ShineOn may be covered at our sole discretion.
- If ShineOn under-bills you, or refunds a payment in error, you must make every effort to return the funds to ShineOn once you are notified of the error. Failure to settle payment errors may result in permanent suspension of access to ShineOn services.
Chargebacks & Disputes - Seller Store using ShineOn Shopify App.
- All payments made by customers to you are your sole responsibility.
- Any chargebacks or disputes that arise from customers are the responsibility of the Seller, and any fees or lost disputed payments are for the Seller to bear.
- If the dispute arises from a defective or incorrect item, you must contact us to seek a replacement as per our Remakes process.
- Any refund granted by you to customers are not refundable by us. Fulfillment payments are non-refundable unless explicit written agreement is obtained from us directly.
- We do not accept returned items for any reason. If an item is returned to us by the customer, we will notify you and will usually return it back to the customer, along with a note requesting the customer contact the Store from which the item was purchased.
Chargebacks & Disputes - ShineOn.com Platform
You should contact us with any concerns you have about billing payments, including any concerns about payments taken that you are unsure are correct.
- Disputes and chargebacks on invoice payments are taken very seriously, and may lead to a delay or cancellation of outstanding orders that have not yet been shipped, or to a suspension your access to the ShineOn.com Platform indefinitely.
- If you have concerns about a particular bill, product order, shipment or anything related to a payment on the platform, you must promptly contact ShineOn support with this concern within seven (7) days of learning of the issue.
- Payment disputes may result in the delay or cancellation of shipment of all outstanding orders you have with us in order to attempt to settle the disputed amount or recoup the costs associated with handling the dispute.
- If you become aware of a dispute being created in error on a payment to us, you must contact us as soon as possible so that account sanctions can be avoided.
Requirements and Best Practices For Sellers/Affiliates
We take compliance with all applicable local, state and federal laws and intellectual property rights very seriously, and we require that our Sellers and Affiliates do as well. By becoming a Seller or Affiliate, you agree to comply with the all applicable laws, rules and regulations as well as the below requirements and Best Practices
We will provide you with pre-approved content that you may use. If you wish to modify the pre-approved content in any manner or create your own original content, you must submit the same to us for our approval. YOU MAY NOT REVISE OUR PRE-APPROVED CONTENT OR USE YOUR OWN ORIGINAL CONTENT UNLESS AND UNTIL YOU HAVE RECEIVED WRITTEN APPROVAL OF SAME FROM US.
With respect to any revised or original content that is submitted for review and approval, you must comply with the following guidelines:
- Representations and Warranties(you agree, represent and warrant that):
- You will not take any action that infringes or violates someone else's rights or otherwise violates the law.
- You will promptly comply with any request from us to remove or otherwise disable any item, listing or image at our request.
- You will not use our copyrights or trademarks or any confusingly similar marks without prior written permission.
- You will not make any claims of infringement of your own intellectual property against any other Sellers, Affiliates, or users unless you have a good faith belief that you own valid intellectual property and the content posted by another violates such intellectual property rights.
- You will act at all times in compliance with all applicable laws, rules, and regulations.
- Intellectual Property: Intellectual property consists of material or content that is protected by a copyright, patent or trademark, including but not limited to photographs, drawings, images, text, other creative materials, brand names, personal images, and personal names (such as celebrity names). You cannot use any material or content that was created by or belongs to someone else without the express permission of the owner. It is solely your responsibility to ensure that you have the appropriate permissions from anyone who owns intellectual property in materials or content in order to use such materials and content and/or offer the same for sale on our platform. If you are unsure whether you have such permission, or whether you may be violating the copyright, patent, trademark or other intellectual property rights of another, you should obtain explicit permission from the rightful owner(s), obtain advice from your own legal counsel, or contact our legal department via e-mail for an opinion.
Here are a few, non-exhaustive, guidelines regarding intellectual property that you must follow:
- Do not post, copy, or embed photos, drawings, videos, music, text, or any other content belonging to a third party without written consent from the owner of such material. The mere fact that you can easily copy such material online does NOT mean that the material is in the “public domain” or is free to use. Unless you are certain that you have the right to use such material, do not use it.
- Do not assume that a photo from a photo website is free to use for all purposes, even if you obtain a license to use the photo from the website. Some photos that are licensed from these websites contain restrictions on the type of use that can be made, and many of the photos cannot be used for any “commercial” purpose.
- The right to use a photograph, drawing, or video is separate from the right to use the underlying image or content. If you want to use a photo, drawing, or video containing images of people, brands, artwork, or even a famous landmark, you may need permission from such people and/or the owners of the rights to the brand, artwork, or landmark depicted in the photo, drawing, or video. Even if you receive permission from the photographer, artist, or owner of the photo or video, you may still need to obtain rights to use underlying image(s) contained within the photo, drawing, or video. If the photographer, artist, or purported owner tells you that they have obtained rights for the underlying image or content, ask for a copy of the written release.
- There are a number of websites purporting to contain “royalty-free” or “public domain” works. Be careful when using anything from these websites. Most of the time, although you may not have to pay the owner of the website to copy, download, or use the materials, the websites usually contain disclaimers whereby the website owner disclaims any infringement. In other words, you are putting yourself at risk by using any of these works without further investigating whether or not the work may be protected by copyright or some other form of intellectual property.
- Do not mention or refer to other brands, people (whether famous or not), sports teams, musical groups, books, television shows, films, etc. in any manner that would state or imply, directly or indirectly, any sponsorship or endorsement of your products without express written consent from the owner of the rights in the same. You may generally use the names of long deceased people (such as George Washington or William Shakespeare), but when in doubt, always check with an intellectual property attorney before referring to a person or another brand in your activities.
- Do not link to any website or someone else’s social media page in any manner that would imply, directly or indirectly, any sponsorship, endorsement, or affiliation with such website or any third party unless in fact such sponsorship, endorsement, or affiliation actually exists
- Defamation or Libel: You must not make any false or misleading statements, whether written or otherwise, that are damaging to a person's or company’s reputation or that we reasonably determine to be defamatory or libelous.
- Sexual Content: Depictions of certain sexual content is strictly prohibited in our sole and absolute discretion. This includes, but is not limited to: sexualizing minors, bestiality, incest, pornography, and any other design or material deemed to be particularly offensive or of an extremely graphic nature.
- Hate Speech: We do not tolerate hate speech, which means any material, text or image that is intended to harm, or incite violence, expresses ridicule or hatred against, any individual or group of people.
- Racism: The use of racist terms or images are not permitted. Whether your content violates this standard may depend on the context in which the words or images are used (i.e. if your content is critical of racism or consists of some other legitimate commentary). Your content shall not: (a) contain words, symbols and/or icons with strong racial connotations; (b) be needlessly provocative; (c) violate applicable law, rules, or regulations; or (d) be otherwise objectionable or derogatory to a particular group.
- Violence: Content that depicts, glorifies or trivializes violence is not permitted. This includes, but is not limited to, graphic depictions of violence, trivialization of violent acts, and content where the intent may reasonably be interpreted as inciting violence or hatred.
- Other Prohibited Content: You must not use any other Prohibited Content. “Prohibited Content” includes, but is not limited to, content or other material that: (a) violates or otherwise encroaches on the rights of others including, but not limited to the rights of privacy or publicity; (b) contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our services or the services of a host page; (c) advocates or encourages illegal activity or the abuse of alcohol or drugs; (d) violates any law or regulation; or (e) harms or advocates harm against anyone.
- Advertising and Marketing: In advertising and marketing your products, you must comply with all applicable laws, rules, and regulations.
Here are some non-exhaustive guidelines you must follow in all your advertising and marketing efforts:
- You must not make any claims about any of our products that have not been approved by us in writing, or created by us as default headline or body text on product pages, and you must remove or change any claims at our direction. Claims such as “Made in the U.S.A.” or “Made by Moms” may not be accurate and should not be used except with our prior written consent.
- You must not make any offers relating to products unless you clearly and conspicuously disclose all material terms of the offer.
- All of your content must be in compliance with our content guidelines, and you must follow our instructions to revise or remove any content that we, in our sole discretion, request that you revise or remove.
- You must clearly and conspicuously disclose any material relationship with any advertiser. For example, you may include disclosures to the effect of “Sponsored Content” or “Paid Advertorial.” You must not misrepresent that a website is an objective news report and/or that objective news reporters have independently tested the products. In the case of Advertorials, you must clearly and conspicuously display disclosures to the effect of “Paid Advertorial” within the advertisement, in addition to a clear and conspicuous disclosure stating that such advertorial is not a news report
- You must not use any celebrity or influencer names or likenesses, or state or imply any endorsements by any individual or company, unless you have received prior written permission from such person or company. In the case that a person or company has provided said written permission, you must submit a copy of the written permission, in addition to the proposed advertising content, to us for review and approval prior to using the celebrity’s or influencer’s name or likeness. You may only use said endorsement upon receipt of our written approval of same.
- With regard to claims that a good or service is offered on a “guaranteed,” “free,” “risk-free,” “trial,” “no obligation,” or “reduced price” basis, or words of similar import, you must clearly and conspicuously display the following material terms and conditions of such offer: (i) the total cost to purchase or receive the good or service, including shipping, handling, and processing; (ii) the amount, timing, and manner of payment of all fees and charges, or other amounts that the consumer will be billed; and (iii) the terms and conditions of any refund, cancellation, exchange, or purchase policy or policies
- Confirmation of Terms and Conditions: If you operate a Store, you must include legally compliant Terms and Conditions for purchase, and prior to checking out, consumers must be presented with a link to the applicable Terms and Conditions of their purchase. Consumers must be required to take an affirmative action to demonstrate acceptance of said Terms and Conditions. Please consult with an attorney in your jurisdiction to assure your Terms and Conditions are legally compliant for your area and activities.
A DETERMINATION OF WHETHER YOUR CONTENT OR MATERIALS VIOLATES THESE BEST PRACTICES SHALL BE IN OUR SOLE DISCRETION
While these Standards are designed to address a wide range of situations, they are not exhaustive. It is up to you to assure that you comply with all applicable laws, rules, and regulations. We reserve the right to review and remove any content or item for sale in our sole discretion is we deem it appropriate to do so.
Account Suspension & Termination
- To ensure the stability of the ShineOn.com Platform, services, and the continued operation of our business, we reserve the right to suspend, deactivate, terminate, or block, in our sole discretion, any Seller, Affiliate or other person from accessing our services, App, Platform, or products. At our discretion, we may remove any product and cancel any orders for any reason. We are not required to provide you with the reason if this happens.
- We have the sole discretion to reject any order that we consider libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production.
- It is strictly forbidden to use the ShineOn.com Platform or services for illegal activities in any country or jurisdiction where you or we are located.
- You will not engage in account sharing, including, without limitation, letting third parties use your account and password.
- You will not engage in unlawful multi-level marketing, such as a pyramid schemes.
- You will not use any generated image assets, source files or other content provided by ShineOn in combination with products that are not fulfilled by ShineOn.
- You will not bully, intimidate, or harass any other Seller, Affiliate, or user.
- In the event we take action against your account or store, you may receive limited or no compensation or refund from us for any losses arising from this action. For example, you may not be compensated for refunding outstanding or completed orders, loss of earnings from unfulfilled orders or inability to sell products, or money spent on additional services such as video mockups.
Disclaimer of Warranties
THE SERVICE, THE ShineOn.com Platform, AND ALL OTHER OF OUR SERVICES ARE PROVIDED “AS IS”. WE AND OUR SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER WE NOR OUR SUPPLIERS AND/OR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE (INCLUDING THE DATA, YOUR CONTENT AND THIRD PARTY CONTENT AND SUBMISSIONS) OR OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
You agree to indemnify, defend and hold harmless, ShineOn, and any and all of our officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including attorneys’ fees and costs, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the ShineOn.com Platform and/or the operation of your Store.
- These Terms will be governed by the laws of the State of New York. You agree that any dispute between us will be brought in the appropriate federal or state court in the City of New York, County of New York, and you hereby consent to jurisdiction and venue in any such court.
- If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
- Neither all nor any part of your rights or obligations under these Terms are assignable or transferable by you, whether directly or indirectly, by merger, acquisition, change of control, operation of law or otherwise, without our prior written consent. We have the right to freely assign all or part of our rights and/or obligations under these Terms.
Requirements and Best Practices For Affiliates
We take compliance with all applicable local, state and federal laws and intellectual property rights very seriously. Affiliates are responsible for compliance with the terms of our Affiliate Agreement (the “Agreement”), these Requirements and Best Practices For Affiliates (the “Best Practices”), and all applicable laws and regulations. An Affiliate’s failure to comply with the Agreement, the Best Practices, and/or any law, regulation or intellectual property right, may result, in our sole discretion, warning or termination of your Affiliate’s contract.
ALL AFFILIATES MUST EITHER USE OUR PRE-APPROVED CONTENT, OR SUBMIT YOUR OWN ORIGINAL CONTENT FOR REVIEW AND APPROVAL. AFFILIATES MAY NOT USE THEIR OWN ORIGINAL CONTENT UNLESS AND UNTIL THEY HAVE RECEIVED WRITTEN APPROVAL OF SAME.
With respect to original content that is submitted for review and approval, Affiliates must comply with the following guidelines:
- Affiliate Representations: By becoming an Affiliate of the company ,you hereby agree and represent that:
- You agree that you will not knowingly take any action that infringes or violates someone else's rights or otherwise violates the law.
- You agree that you will promptly comply with any request from us to remove or otherwise disable any item, listing or image at our request.
- You agree that you will not use our copyrights or trademarks or any confusingly similar marks with prior written permission.
- Protected Intellectual Property: Consists of copyrighted, patented or trademarked material used without the express permission of the owner; also prohibited is material that has been altered so that the copyright, trademark or other proprietary notice is removed. It is solely your responsibility to ensure that you have the appropriate permissions to use all materials offered for sale or uploaded to the platform. If you are unsure whether you have permission, or whether you may be violating the copyright, patent, trademark or other intellectual property rights of another, you should obtain explicit permission or contact our legal department via email for an opinion.
- Defamation or Libel: Any content or behavior that constitutes a false statement that is damaging to a person's reputation or that we reasonably determine to be defamatory or libelous is not permitted.
- Sexual Content: Depictions of certain sexual content is strictly prohibited in our sole and absolute discretion. This includes, but is not limited to: sexualizing minors, bestiality, incest, pornography, and any other design deemed to be particularly offensive or of extremely graphic nature.
- Hate Speech: ShineOn does not tolerate hate speech. For the purposes of these Best Practices, hate speech refers to any text or image that is intended to harm, or incite violence, ridicule or hatred against, a group of people. Any content that can reasonably be interpreted to express a hateful message violates these Best Practices.
- Racism: Designs that use racist terms, even in a casual way, are not permitted. Whether your content violates this standard may depend on the context in which the words are used, like if your content is critical of racism or consists of some other legitimate commentary. Your content may be removed if it contains symbols and icons with strong racial connotations, is needlessly provocative, or if it violates applicable law or is otherwise objectionable to a particular group. We reserve sole and absolute discretion to determine what is racist for purposes of ShineOn products.
- Violence: Content that glorifies or trivializes violence is not permitted. This includes, but is not limited to, graphic depictions of violence, trivialization of violent acts, and content where the intent may reasonably be interpreted as inciting violence or hatred.
- Other Prohibited Content: You may not advertise, offer or process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that: Violates or otherwise encroaches on the rights of others including, but not limited to the rights of privacy or publicity; Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our services or the services of a host page (collectively “Corruptive Code”); Advocates illegal activity; Violates any law or regulation; or Harms or advocates harm against anyone, including minors.
- Claims and Representations: Affiliates must only make claims and representations that are non-misleading, (ii) clearly and conspicuously disclose all material terms of the offer; and (3) in compliance with our content and pricing guidelines.
- Disclosure of Material Connections: Affiliates must clearly and conspicuously disclose any material relationship with the advertiser. For example, Affiliates may include disclosures to the effect of “Sponsored Content” or “Paid Advertorial.”
- Endorsements: : Affiliates must not use endorsements unless they have received prior written permission from such the endorser to do so. In the case that a celebrity has provided said written permission, the Affiliate must submit a copy of the written permission, in addition to the proposed advertising content, to us for review and approval. Notwithstanding any written permission from celebrity endorsers, Affiliates may only use said endorsement upon receipt of our written approval of same.
- News Reports: Affiliates must not misrepresent that any material fact, including that a website is an objective news report and/or that objective news reporters have independently tested the products. In the case of Advertorials, Affiliates must clearly and conspicuously display disclosures to the effect of “Paid Advertorial” within the advertisement, in addition to a clear and conspicuous disclosure stating that such advertorial is not a news report.
- Other Clear and Conspicuous Disclosures: With regard to claims that a good or service is offered on a “guaranteed,” “free,” “risk-free,” “trial,” “no obligation,” or “reduced price” basis, or words of similar import, Affiliate must clearly and conspicuously display the following material terms and conditions of such offer: (i) the total cost to purchase or receive the good or service, including shipping, handling, and processing; (ii) the amount, timing, and manner of payment of all fees and charges, or other amounts that the consumer will be billed; and (iii) the terms and conditions of any refund, cancellation, exchange, or purchase policy or policies.
- Confirmation of Terms and Conditions: Prior to checking out, consumers must be presented with a link to the applicable Term and Conditions of their purchase. Consumers must be required to take affirmative action to demonstrate acceptance of said Terms and Conditions.
While these Standards are designed to address a wide range of situations, they’re not exhaustive. We reserve the right to review and—if in our sole and absolute discretion we deem it appropriate —remove any content or item for sale that we believe to breach your agreement with us, or any applicable laws or otherwise. We further reserve the right to modify these Best Practices at any time with or without notice.
Report An Intellectual Property Infringement
ShineOn has a policy of removing any content that violates copyright, trademark, or other intellectual property laws; suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law; and/or terminating in appropriate circumstances the account (if any) of any user, Seller, or Affiliate who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law.
ShineOn has adopted this policy in accordance with general United States intellectual property laws and the Digital Millennium Copyright Act (the “DMCA” - which can be reviewed here [https://www.copyright.gov/legislation/dmca.pdf]). ShineOn will respond to notices in the form provided on our Site from jurisdictions other than the United States as well. Note that ShineOn will terminate rights of Sellers, Affiliates, subscribers, and account holders in appropriate circumstances if they are determined to be repeat infringers or if they file false or frivolous claims against another Seller, Affiliate, subscriber, or account holder.
ShineOn provides an internet-based service which allows users of the service to contribute content, including photos, towards the design and purchase of customized merchandise. You are prohibited from using the ShineOn.com Platform or Store in a manner that infringes the intellectual property rights of others.
Because we respect the intellectual property (IP) rights of others, and do NOT welcome infringing content, we have set up a process for IP rights owners or their agents to report good faith claims of IP infringement, including copyright, trademark and other IP claims.
We encourage you to contact us if you believe that a Seller, Affiliate, or user of the ShineOn.com Platform or a Store has infringed your rights. Note that to make a claim of IP infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the IP rights owner or an agent of the rights owner. If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what IP infringement is, or whether your rights were infringed, please seek legal advice before making a claim of IP infringement.
While we respect valid IP rights and will remove infringing content, you must not seek the removal of anyone else’s content unless you have a good-faith belief that such content actually infringes your valid IP rights. In this regard, please be aware that such things as concepts, ideas, and common phrases are generally not protectable IP and may be used by any number of other Sellers, Affiliates, and users.
We promptly evaluate all claims of infringement, and we will terminate the accounts of repeat infringers. We will also terminate the accounts of any Seller, Affiliate, or user who files repeated claims without legal basis against another Seller, Affiliate, or user. Under the U.S. Copyright Act, you may be liable for damages suffered by another if you make any material misrepresentations that result in the removal of someone else’s content from the ShineOn.com Platform or Store.
If you believe that another Seller, Affiliate, or user has infringed your intellectual property rights, please notify our Intellectual Property Rights Agent as set forth below. If you believe a Seller has infringed your IP rights in a Store, you agree to contact us prior to contacting Shopify, Facebook, or any other advertising platform so that we may attempt to resolve your claims. Your notice to us must include all of the following in the notification:
- A physical or electronic signature, and a statement that you are authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed;
- Identification of the copyright, trademark or other rights that have been allegedly infringed;
- The URL used in connection with the allegedly infringing image (Note: Simply including www.shineon.com is not sufficient identification);
- Your name, 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 rights owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury.
Notices of infringement should be sent by e-mail or U.S. postal service to:
By sending us a notice of infringement, you acknowledge that if you fail to comply with all of the aforementioned notice requirements in writing, your notice may not be valid and that we may ignore incomplete or inaccurate notices without liability of any kind.
If you receive a notification from us that you believe was submitted in error, you may submit a counter notice to request that your item be republished. The counter notice must contain all of the following information: 1) Contact Information – include name, e-mail address, physical address and telephone number; 2) URL or other identifying information of material to be republished; 3) A statement under penalty of perjury that you have a good faith belief that the material described in the notice is the result of mistake or misidentification of the material to be removed or disabled; 4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and will accept service of process from the person who provided the DMCA notification or an agent of such person; and 5) A physical or electronic signature. Counter notices should be sent to the following email address: firstname.lastname@example.org.
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