END USER LICENSE AGREEMENT

SHADOWBOX INC. END USER LICENSE AGREEMENT

1596 N Coast Highway 101, Encinitas, CA 92024

+1 (323) 596-0999 | info@shadowbox.solutions

 

Terms and Conditions

This Statement of the Terms of Services (“Terms”) is our terms of service that moderate Shadowbox’s (“Service”) relationship with users and others who interact with Shadowbox. By using or accessing Shadowbox (in any format), you agree to the Terms, which will be updated from time to time as provided for in the Terms below. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shadowbox without restriction.

 

Acceptance Statement: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

 

Agreement to Hold Harmless: You agree that your use of the Service shall be at your own risk. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Shadowbox, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

Acceptable Use Policy.

 

Customer acknowledges and agrees:

  • to abide by all local, state, national, and international laws and regulations and all contracts to which Customer and/or End User is a party, in all cases as applicable to Customer and/or End User’s use of the Shadowbox Service, including without limitation the provision and storage of Customer and/or End User Data;
  • not to send or store data on or to the Shadowbox Service which violates the rights of any individual or entity established in any jurisdiction;
  • not to upload in any way any information or content that contain Malicious Code or data that may damage the operation of the Shadowbox Services or another’s computer or mobile device;
  • not to upload in any way any data regarding an individual’s financial or economic identity, sexual orientation, religious beliefs, medical or physical identity, including any information comprised of either “Protected Health Information” subject to and defined by the Health Insurance Portability and Accountability Act, or an individual’s first name and last name, or first initial and last name, in combination with any one or more of the following data elements that relate to such individual: Social Security number, driver’s license number or state-issued identification card number, financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account;
  • not to use the Shadowbox Service for illegal, fraudulent, unethical or inappropriate purposes;
  • not to interfere or disrupt networks connected to the Shadowbox Service or interfere with other ability to access or use the Shadowbox Service;
  • not to distribute, promote or transmit through the Shadowbox Service any unlawful, harmful, obscene, pornographic or otherwise objectionable material of any kind or nature;
    not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
  • not to interfere with another customer’s use and enjoyment of the Shadowbox Service or another person or entity’s use and enjoyment of similar services;
  • not to use the Shadowbox Service in any manner that impairs the Shadowbox Service, including without limitation the servers and networks on which the Shadowbox Service is provided;
  • to comply with all regulations, policies and procedures of networks connected to the Shadowbox Service and Shadowbox’s service providers; and
  • to use the Shadowbox Services only in accordance with the Documentation.

Customer and/or End User acknowledges and agrees that Shadowbox neither endorses the contents of any Customer and/or End User communications, Customer Data, or Other Information nor assumes any responsibility for any offensive material contained therein, any infringement of third party Intellectual Property Rights arising therefrom or any crime facilitated thereby. Shadowbox may remove any violating content posted or stored using the Shadowbox Service or transmitted through the Shadowbox Service, without notice to Customer and/or End User. Notwithstanding the foregoing, Shadwbox does not guarantee, and does not and is not obligated to verify, authenticate, monitor or edit the Customer and/or End User Data, Other Information, or any other information or data input into or stored in the Shadowbox Service for completeness, integrity, quality, accuracy or otherwise. Customer and End User shall each be responsible and liable for the completeness, integrity, quality and accuracy of Customer and/or End User Data and Other Information input into the Shadowbox Services. Shadowbox reserves the right to amend, alter, or modify Customer and End User’s conduct requirements as set forth in this Agreement at any time. Shadowbox may deliver notice of such updated requirements to Customer and End User via e-mail or through the Shadwbox Services. Customer and End User’s continued access to and use of the Shadowbox Services following issuance of such updated Customer and End User requirements shall constitute Customer and End User’s acceptance thereof. Shadwbox may upon written notice to Customer and End User amend this Section.

 

Intellectual Property and Product Integrity Protection.

Customer and/or End User shall not, directly or indirectly, and Customer and/or End User shall not permit any User, End User, or third party to: (1) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Shadowbox Service or Downloadable Software or analyze a Shadowbox Service or Downloadable Software or any deliverable provided as a part of the Services to learn the details of its design, construction, or production in order to produce a copy or improved version thereof; (2) modify, translate, or create derivative works based on any element of the Shadowbox Service, any Downloadable Software, or any related Documentation; (3) rent, lease, distribute, sell, assign, or otherwise transfer its rights to use the Shadowbox Service or any Downloadable Software; (4) use the Shadowbox Service or the Downloadable Software for timesharing purposes or otherwise for the benefit of any third party; (5) remove any proprietary notices from the Downloadable Software or the Documentation; (6) publish or disclose to third parties any evaluation of the Shadowbox Service or Downloadable Software without Shadowbox’s prior written consent; (7) use the Shadowbox Service or Downloadable Software for any purpose other than its intended purpose or not in accordance with the Documentation, including not using the Supplier Service, Downloadable Software, Documentation (or any portion of any of the foregoing) to design, development, create or manufacture any software or service that competes with or is an alternative to the Shadowbox or the Downloadable Software; (8) interfere with the integrity or performance of the Shadowbox Service; (9) introduce into the Shadowbox Service or Downloadable Software any Open Source Software or any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs that may damage the operation of any computer, hardware, device, software or network (“Malicious Code”), including the Supplier Services; (10) use the Supplier Service to send or store data on or to the Supplier Service which violates the rights of any individual; (11) use the Shadowbox Service in violation of any laws and regulations applicable to Customer and/or End User’s use of the Shadowbox Service; or attempt to gain unauthorized access to the Shadowbox Service or their related systems or networks. Customer and End User shall each be solely responsible for its actions and the actions of its Users and End Users while using the Shadowbox Service. For purposes of this Agreement, the term “Open Source Software” means all software that is available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that approved by the Open Source Initiative (www.opensource.org).