TERMS AND CONDITIONS OF THE website User Agreement This Agreement constitutes your agreement with ShinyKicks with respect to your use of this website (shinykicks.com). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the website. As used in this Agreement, "we" and "us" means ShinyKicks, or any successor or assign of ShinyKicks. website Agreement Right to Use. Your right to use the website is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the website at any time, including the availability of any website feature, database or content. We may also impose limits on certain features and aspects of the website or restrict your access to parts or all of the website without notice or liability. Adult. You represent, warrant and covenant that you are at least 18 years old. This website is addressed to adults only. By using the website you agree that you are 18 years of age and older. Code of Conduct. You agree to use the website in accordance with the following Code of Conduct: a) You are solely responsible for any information that you display when using the website or to other members. You will keep all information provided to you through the website as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; b) You will not use the website to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; c) You will not forward chain letters through the website; d) You will not use the website to infringe the privacy rights, property rights, or other civil rights of any person; e) You will not post messages, pictures or recordings or use the website in any way which i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or ii. is fraudulent or otherwise unlawful or violates any law; and if you will not use the website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or websites. f) Your use of the website is for your own personal use. You may not authorize others to use the website and you may not transfer accounts with other users. g) You will not use the website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or websites. h) You are aware that the website may contain explicit adult oriented materials provided by consenting users. Privacy and Use of Information. You acknowledge that (a) We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the website; and (c) We cannot assume any responsibility for the content of messages sent by other users of the website, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. (d) You acknowledge that you can not sue shinykicks.com or any of its employees for any damages done to you through the site. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the website. You may not use the website for any unlawful purpose. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Monitoring of Information. We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines, which may be applicable from time to time. We also reserve the right to monitor all messages and chats that take place through the site. We are not solely responsible for any offensive or obscene materials that may be transmitted or posted by other users (including unauthorized users as well as the possibility of "hackers"). We are also not responsible for the use of any personal information that the user may choose to post on the website. Removal of Information. While we do not and cannot review every message or other material posted or sent by users of the website, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the website or users of the website. Termination of Access to website. We may, in our sole discretion, terminate or suspend your access to all or part of the website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the website at our sole discretion, and you may be referred to appropriate law enforcement agencies. Online Cancellation Proprietary Information. The website contains information, which is proprietary to us and to our users. We assert full copyright protection in the website. Information posted by us or other users of the website may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the website, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the website, or any interruption or suspension of the website, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the website during the previous 12 months. We may discontinue or change the website or its availability to you at any time, and you may stop using the website at any time. Security. Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the website by users using your password, including but not limited to use of your password by any third party. Other Links. The website may from time to time contain links to other World Wide Web Internet sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents. Tokens. Tokens are a form of money used to access certain features and websites. The user of the website may use the Tokens in their account to send messages to other users of the website, play games, etc. When the user sends a message every character is considered to be equal to 1 Token or if they add a member to their hotlist, it uses 100 tokens to which you can then send that member unlimited tokens. Therefore the longer the message the more Tokens the user uses up. Tokens are non transferable and non-refundable. Indemnity. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the website, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. No Warranties. The website is distributed on an "as is" basis. We do not warrant that this website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the website. Where permitted by law, you acknowledge that the website is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the website is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the website by ShinyKicks or any user of the website or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. Emails and Newsletters You acknowledge that by signing up to shinyicks.com you agree to receive periodic emails related to the site, including but not limited to newsletters, matches, site notifications, billing notifications and other advertisements. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the website or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the website. Your continued use of the website now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. Disclosure and Other Communication. We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the website.