Last modified: January 14, 2021
Introduction
Shinrai, LLC ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.shinr.ai (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy is governed by, and incorporated under our Terms of Use. Any capitalized words which are not defined in this policy shall have the meaning set forth in our Terms of Use.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website or any third party application store, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see
Users Under the Age of 18
Our Website is not intended for children or anyone under 18 years of age. No one under age 18 may provide any information to the Website. We do not knowingly collect personal information from users under 18. If you are under 18, do not use or provide any information on this Website, register on the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@shinr.ai.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number or other information or identifiers from which a person can be identified ("personal information"). Personal information does not include data that is about you but does not identify you individually, such as aggregate data about the number of users that have viewed a particular section of the Website.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, providers of payment processing services.
From online service providers such as Google Analytics.
Information You Provide to Us
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, or information you collect and provide to the extent you utilize any of our web-browser add-on tools. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Details of transactions and payments you carry out through our. You may be required to provide financial information before placing an order through our Website or receiving payments from Company.
Your search queries on the Website.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies – Cookies are small text files that contain a string of characters. Company uses cookies to uniquely identify an Internet browser. Certain browsers or browser settings sometimes block cookies, and cookies may not work effectively on some mobile devices. For more information about cookies, please visit http://www.allaboutcookies.org/.
Mobile Advertising Identifiers – Mobile advertising IDs (e.g., Apple’s IDFA or Google’s AAID) are unique IDs that are associated with individual mobile devices and that do not reveal your real world identity. They usually are user-resettable.
Pixel Tags – Pixel tags (also commonly known as web beacons) are transparent images, iFrames, or JavaScript that our clients and partners use to understand how consumers interact with them online, including on websites and in mobile apps.
Statistical IDs – Statistical IDs are created via an algorithm using pseudonymous information about your computer or device, including your operating system, user-agent string, IP address, Internet browser, installed fonts, and similar information. This information makes your computer or device distinct enough for our systems to determine within a reasonable probability that they are encountering the same computer or device, including in environments where Company and third party vendor cookies are not supported.
Flash Cookies - Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons- Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Disabling cookies may impact how you view and interact with the Website, including rendering some features unusable. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers, including, but not limited to Google Analytics. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see
Information About You We May Receive from Third Parties
We may receive personal data about you from various third parties and public sources including, but not limited to:
third party payment processors
analytics providers such as Google, Mixpanel and Firebase
advertising networks such as Google, Bing, LinkedIn, Facebook and Instagram
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, see
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the Website to send a message to a friend, we may transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers and Marketing Messages from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can send us an email stating your request to legal@shinr.ai. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or click the unsubscribe link from within the email. This opt out does not apply to information provided to the Company as a result of a purchase, payment, product service experience or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Accessing and Correcting Your Information
You may be able to review and change elements of your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at legal@shinr.ai to request access to, correct or delete any personal information that you have provided to us. In some instances we may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
The California Consumer Privacy Act ("CCPA") provides California residents with specific rights regarding their personal information. If you are a California resident, your CCPA rights are described below. If you have any questions about whether any of the following applies to you, please email us at legal@shinr.ai.
You have the right to request certain information about our collection and use of your personal information over the past 12 months, including the following:
The categories of personal information that we have collected about you, as those categories are defined under the CCPA.
The categories of sources from which that personal information was collected.
The business or commercial purpose for collecting or selling your personal information.
The categories of third parties with whom we have shared your personal information.
The specific pieces of personal information that we have collected about you.
If we have disclosed your personal information for a business purpose over the past 12 months, we will identify the categories of personal information shared with each category of third-party recipient.
In addition to the rights described above, the CCPA requires disclosure of the categories of personal information collected and shared with our affiliates and Customers over the past 12 months. Those categories, as described by the CCPA, consist of the following:
Identifiers, including name, email address, IP address, and an ID or number assigned to your data.
Other individual records such as phone number and caller ID, phone call metadata, or credit or debit card information that you provide to us. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
Commercial information, including purchases and engagement with Company.
Internet activity, including your interactions with our services and what led you to our Website.
Inferences, including information about your interests, preferences and favorites.
If we have sold your personal information over the past 12 months, we will identify the categories of personal information purchased by each category of third-party recipient. AT THIS TIME COMPANY DOES NOT SELL ANY PERSONAL INFORMATION AND HAS NOT SOLD ANY SUCH INFORMATION IN THE LAST TWELVE (12) MONTHS.
If you are a California resident you have the right to request deletion of the personal information that we have collected from you, subject to limited exceptions: for example, we may retain personal information to complete a transaction with you, or we may retain information that would affect the privacy of others or interfere with legal requirements. If your deletion request is subject to an exception under the CCPA we may deny your deletion request.
To exercise the rights described above, you should send us written request via email to legal@shinr.ai or via the Company address listed below. Please ensure that your request (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information; and (2) provides sufficient detail to allow us to understand, evaluate, and respond to your request. We may not be obligated or able to respond to requests that do not meet these criteria.
For your security we may require you to verify your identity before we can act on your request. There may be information we will not return in response to your access request, such as information that would affect the privacy of others or interfere with legal requirements. Similarly, there may be reasons why we cannot comply with your deletion request, such as the need to keep your personal information to fulfill a legal obligation.
Company will use commercially reasonable efforts to respond to any complete and valid request within 30 days of receipt. There is no cost to submit a valid request although Company may require a fee if your request(s) are excessive, repetitive, or unreasonable. You will not be charged a fee, and your fee-bearing request will not be processed, without Company providing you with prior written notice.
Should you choose to exercise any of your rights under the CCPA, Company will not deny you any services, charge you different rates, or provide lesser quality services. However, in the future Company may elect to offer different tiers of services as allowed by applicable laws (including the CCPA) which may contain differing prices, rates, or levels of quality, which may be related to the value of personal information that we receive from you.
California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@shinr.ai or write us at Shinrai, LLC, 16 East 40th Street Suite 802 New York, NY 10016
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@shinr.ai or write us at the address listed at the end of this privacy policy.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted by Company or our applicable payment processor using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
16 East 40th Street Suite 802 New York, NY 10016
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
admin@shinr.ai
Last modified: January 14, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Shinrai, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our website at www.shinr.ai or any of our related services, such as the Company mobile application, along with any related software or Company servers (collectively, the “Website”), including any content, functionality and services offered on or through the foregoing, whether as a guest or a registered user.
These Terms of Use will be effective as of the date that you create your account with us. PLEASE READ THE TERMS OF USE CAREFULLY. BY CLICKING "I ACCEPT" AND USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS SET FORTH HEREIN AND OUR PRIVACY POLICY FOUND AT www.shinr.ai/legal (THE "PRIVACY POLICY"), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE. IF YOU ARE USING THE WEBSITE ON BEHALF OF A BUSINESS OR SOME OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO GRANT ALL LICENSES SET FORTH IN THESE TERMS OF USE AND TO AGREE TO THESE TERMS OF USE ON BEHALF OF THE BUSINESS OR ENTITY.
Your Relationship with Company
You further acknowledge and agree that you and Company are in a direct business relationship, and the relationship between the parties under these Terms of Use is solely that of independent contracting parties. You and Company expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Company; (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms of Use is created hereunder. You have no authority to bind Company, and you undertake not to hold yourself out as an employee, agent or authorized representative of Company.
No Users Under 18
The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion and without prior notices, except that we will notify you of any material changes to the Terms of Use, including, but not limited to, changes to the dispute resolution, governing law and jurisdiction provisions set forth herein ("Material Changes"). All changes are effective immediately when we post them. However, Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. To the extent you have provided us with a valid, working email address we will notify you of Material Changes via email.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.
You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You will not buy, sell, rent or lease access to your Website Account. You will not attempt to log in or otherwise access the Website through any unauthorized third party applications. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
WE HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE OR THE TERMS OF ANY OTHER COMMERCIAL AGREEMENT YOU HAVE ENTERED INTO WITH COMPANY. YOU MAY NOT CREATE ANOTHER ACCOUNT IF WE HAVE DISABLED YOUR ACCOUNT UNLESS YOU OBTAIN OUR PRIOR WRITTEN CONSENT.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website. You must not directly or indirectly: (i) modify copies of any materials from the Website or make any derivative works of the Website; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; (iii) copy, sell, redistribute, rent, lease or otherwise access or use for any commercial purposes any part of the Website; (iv) incorporate the Website or any portion of it into another product or service; (v) reverse engineer, decipher, decompile, or disassemble the Website and any code contained therein, or otherwise attempt to derive the source code or underlying ideas or algorithms of Company (except where expressly permitted by law); or (vi) export, re-export, transfer and/or release the software, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm any third parties in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
To develop any third-party applications that interact with the Website or other users’ content or information, without our express written consent.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring, scraping or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material or code which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website that you are not authorized to access, including any server, computer or database connected to the Website.
Attempt to circumvent any content-filtering techniques we employ.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any content for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use or the terms of any other commercial agreement you have entered into with Company.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, including, but not limited to, any third party educational or informational materials posted on or otherwise linked to from the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement
If you believe that any content on the Website violates your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (collectively, a "Notice") (see 17 U.S.C 512(c)(3) for further details):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All Notices must be sent to our copyright agent via email at legal@shinr.ai.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY EDUCATIONAL OR INFORMATIONAL MATERIALS POSTED ON OR OTHERWISE LINKED TO FROM THE WEBSITE. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Purchases and Other Terms and Conditions
To the extent you purchase any additional goods or services via the Website, unless you are presented with additional terms and conditions at the time of purchase or separately enter into a commercial agreement with Company, the following shall apply:
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, 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 WEBSITE; OR (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE AMOUNTS PAID TO YOU BY COMPANY, IF ANY, IN THE 12 MONTH PERIOD PRECEDING ANY CLAIM, OR TEN DOLLARS ($10.00) WHICHEVER GREATER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use including, but not limited to, any representations or warranties made herein; (ii) your use of the Website; (iii) any information you provide to Company, including any claims that such information is false, inaccurate or misleading; (iv) any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use; or (v) your use of any information obtained from the Website. We reserve the right to assume the defense of any indemnifiable claim in which case you agree to provide Company with any and all information, assistance and cooperation as may be requested in connection with the defense of such claims.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
To ask questions or comment about these terms of use, contact us at:
16 East 40th Street Suite 802 New York, NY 10016
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
info@shinr.ai