Welcome!
Your use of Shadex is subject to these Terms of Service (“Terms”). Thank you for reading these Terms and we hope you enjoy using Shadex.
If you have any questions about these Terms or wish to send us any notices related to these Terms, please contact us at Comingofc@aol.com.
1.1 Compliance with these Terms
These Terms apply to your use of Shadex anywhere in the world.
Please read these Terms and our policies and instructions carefully to understand what you can and cannot do with Shadex. When using Shadex, you must comply with these Terms and use Shadex only where you use the Software and as permitted by applicable laws and regulations.
If you do not agree to these Terms, you may not use Shadex and must immediately terminate your use of the Software and all Services.
1.2 Contractual Parties
By using Shadex, you agree to be bound by these Terms between the Shadex team (“we”, “us” and “our”).
In certain Future Service Terms, we may specify that you enter into a contract with our affiliates or service providers (rather than us) to govern your use of the relevant Future Service or features. In such cases, the relevant contractual entity will be identified in the relevant future Service Specific Terms, and those Terms (together with those relevant Service Specific Terms) will apply between you and the identified contractual entity with respect to your use of the relevant future service or feature.
1.3 Service Eligibility
Shadex's services are not open to persons under the age of 18.
To use the Service, you agree that: (i) you must be at least the "Minimum Age" (as described below) or above; and (ii) we do not restrict you from using the Services provided through Shadex.
We may change the Minimum Age at any time at our sole discretion. In such case, if a user is below the new Minimum Age when they begin using the Services under the previous Service Terms, they may continue to use the Services as a result of reaching the new Minimum Age.
"Minimum Age" means being 18 years of age or older. However, if applicable law requires that you must be able to lawfully use Shadex (including use of your personal data) without parental consent, the Minimum Age will be the older age.
If applicable law requires you to obtain parental or guardian consent, your parent or guardian must agree to these Terms (on their own behalf and on your behalf) before you can use Shadex.
Shadex strictly complies with the terms of the CSAE. Shadex will not tolerate any act that endangers the safety of minors, such as entrapment, exploitation, abuse, or assault. Self-harm, suicide, or any behavior that may cause harm to oneself or others is strictly prohibited. If a minor is identified during the use of Shadex, please utilize the reporting function provided by us or send feedback via our customer service email address (Comingofc@aol.com). After verification, the Shadex team will immediately and forcibly terminate the minor's access to Shadex's services.
1.4 Other general terms related to these Terms
We may translate these Terms into multiple languages. If there is any discrepancy between the English version of these Terms and the versions in other languages, the English version shall prevail (to the extent permitted by applicable laws and regulations).
We offer various services and features in Shadex, so in addition to these Terms, your use of all or part of Shadex may be subject to certain additional terms and policies, which will be listed in this section and will be notified to you from time to time. These additional service terms and policies form part of and are incorporated into these Terms.
2.1 Future Policies
In addition to these Terms, you must also comply with the Shadex Privacy Policy, which sets out how we collect, store and use your personal information when you use Shadex.
2.2 Terms applicable to specific Shadex features
Some of our services and features may have specific additional terms (notified to you by us), which you must comply with when using such services and features.
2.3 Inconsistency
If any additional terms or policies are different from these Terms, the relevant additional terms or policies will apply unless otherwise expressly provided in those additional terms or policies. These additional terms or policies will not (unless expressly provided in those additional terms or policies) modify any of the following:
· "Changes to these Terms and Shadex";
· "Our Intellectual Property Rights"; and
· "Visitors' Responsibilities".
We may change these Terms from time to time, so please check back regularly.
In addition, because Shadex and the user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features of Shadex (including those related to whether the Service is free), or suspend or terminate the Service altogether.
When we believe that any changes to these Terms or any upShadex changes are reasonably significant, we will (to the extent reasonably practicable) notify you of such changes by posting on our website, sending an email or other notification through our Services, and specify when such changes will take effect. If you continue to use Shadex after we make any changes to these Terms, whether or not you receive notice from us, you agree to be bound by those revised Terms. If you object to any changes, you can close your account.
In order to access and use Shadex, you will need to create an account with us by: 1) using an existing account you have opened on a third-party social media platform (such as Facebook or Google); 2) registering and logging in as a guest. If you choose option 1, we will have the right to access, collect and use your information in connection with those third-party accounts.
Any account you open with us is yours and you may not assign, loan, transfer or otherwise allow any other person to access or use your account. Your account name, user ID and other identifiers used in Shadex remain our property and may be disabled, revoked and reused by us if your account is terminated or deactivated for any reason (whether by you or us).
You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and Shadex; and (ii) being responsible for all content you use Shadex. If you know or suspect that your password or account has been compromised, please notify us immediately at Comingofc@aol.com. Unless we have received and confirmed notification that your account/password has been compromised, we will assume that all of your use of your account on Shadex is your personal behavior.
Shadex may provide methods for deactivating accounts for specific services - please feel free to refer to Shadex if further guidance is needed.
Please note that when you log in as a guest, your account and the benefits associated with that account are always at risk of loss. Therefore, we strongly recommend that you log in with your Facebook or Google account to avoid loss of information.
In the course of using Shadex, you may need to pay us or third parties from time to time (including for the provision of Shadex or certain additional features in Shadex). We may set further terms for such payments (including refunds (if any), billing arrangements and the consequences of failure to pay on time). You must comply with all such terms related to your payments. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that the prices and availability of items and products may change at any time.
In any case, we are not required to refund any amount you pay to us for the use of any items or products in Shadex (whether used or not) in accordance with applicable mandatory laws and regulations or our other terms.
We may process your payments through third-party services, and you agree to comply with the third party's terms and conditions related to payment processing services, as detailed in the "Third-Party Content and Services" section below.
In addition, you agree that:
Your purchases may be subject to foreign exchange fees or location-based price differences (such as exchange rates);
We may calculate the taxes you should pay based on the billing information you provide to us at the time of purchase.
When you submit, upload, transmit or display any data, information, photos or other content ("Your Content") in connection with your use of Shadex, you understand and agree that:
You will continue to own and be responsible for the ownership of Your Content;
We will not sell Your Content (including your personal information) to any third party;
Your Content, including your personal information, will be shared with other users on Shadex. For example, once you upload your content to Shadex, other Shadex users can see it;
You grant us and our affiliates the right to use your content (including your personal information) (without charging us) solely for the purpose of providing, promoting, developing and improving Shadex and our other services, including services we may provide in the future;
· In using your content for the purposes described above, we and our affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish your content (including your personal information) worldwide through various distribution methods (including future distribution methods);
We may share your content (including your personal information) with third parties who help us provide, market, develop and improve Shadex, but these third parties (except our affiliates) will not use your content (including your personal information) solely for their own purposes (i.e., any purpose unrelated to Shadex);
We may use the name you submit in connection with your content (including your personal information) (whether it is your account name, real name or other name); and
1. You will comply with these Terms when submitting your content (including your personal information). 2. You are prohibited from posting and agree not to post any content that the Company determines in its sole discretion to be prohibited, including but not limited to: pornographic materials, violence and bullying, hate speech, sensitive events, illegal activities, infringement of intellectual property rights, etc.
In addition, you agree that we and our affiliates (subject to these Terms, our upShadex Privacy Policy, and applicable laws and regulations) have the right to:
1. Retain and continue to use your User Content after you stop using Shadex - for example, you have shared your User Content with other Shadex users;
You may need to retain or disclose your User Content in order to: (1) comply with applicable laws or regulations; (2) comply with court orders, subpoenas or other legal processes; or (3) respond to lawful requests from government agencies, law enforcement agencies or similar agencies, whether located in your jurisdiction or elsewhere;
3. Your User Content may need to be retained or disclosed to enforce these Terms and protect our rights, property or safety, or the rights, property or safety of our affiliates or other future users.
You understand that even if you attempt to remove your User Content from Shadex, this may take some time or be impossible for technical and administrative reasons - for example, we may not be able to prevent any third party from storing or using any User Content you make public through Shadex.
We have the right to block or remove your User Content for any reason, including if we deem it appropriate or required by applicable laws and regulations.
You are solely responsible for your User Content and we recommend that you always keep backup copies.
You must always ensure that: (1) you have the necessary rights to submit, transmit or display your User Content and grant us the permissions set forth in these Terms; and (2) your User Content (and our use of your User Content under these Terms) does not infringe the rights of anyone or violate any applicable laws or regulations.
Shadex is not a storage service. You agree that we have no obligation to store, maintain or provide you with copies of content or information provided by you or others, except as required by applicable law and as noted in Shadex's Privacy Policy.
We may respond to notices of alleged infringement (including intellectual property infringement, defamation, and infringement of other civil rights) and other claims and demands. If you have any questions about such infringement, please contact us at Comingofc@aol.com.
We are not responsible for, and do not endorse, approve or guarantee the legality, accuracy or reliability of any content submitted, transmitted, displayed or linked to by Shadex, including content provided by Shadex users or our advertisers. You acknowledge and agree that by using Shadex, you may be exposed to inaccurate, misleading, defamatory, offensive or illegal content. Your use of or reliance on any content accessed on or through Shadex is at your own risk. Your use of Shadex does not give you any rights in any content accessed or obtained while using Shadex.
We also do not guarantee the quality, reliability or suitability of any third-party services provided through Shadex, and we are not responsible for your use of or relationship with any such third parties or third-party services.
We may review (but make no commitment to) content or third-party services provided through Shadex to determine whether they comply with our policies, applicable laws and regulations, or are otherwise objectionable. We may remove or refuse to provide or link to content or third-party services if such content or third-party services infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights, or pose a threat to the security or performance of Shadex.
Third-party content and services on Shadex may be subject to additional terms from time to time, such as the terms of the third party that originally created or created such content or services, or third-party terms associated with promotions conducted on Shadex. You agree to abide by any additional terms and conditions associated with your use of such third-party content and services.
Shadex may contain advertising or commercial content. You agree that we may allow you to integrate, display and otherwise disseminate advertising or commercial content in Shadex.
All intellectual property rights in or relating to Shadex (including its future updates, upgrades and new versions) will continue to be owned by us. You have no right to use our intellectual property except as expressly provided in these Terms. In particular, you may not use our trademarks, product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you provide about Shadex are entirely voluntary and we will use them freely and at our discretion without any payment or other obligation to you.
You may not copy, modify, decompile, reverse engineer or extract the source code of Shadex, unless applicable laws or regulations prohibit you from doing so or you obtain our prior written consent. If applicable laws or regulations give you the right to decompile or extract source code from Shadex, you should first contact us to request the required information.
We may provide updates to Shadex from time to time. These updates may be automatic or manual. Please note that if you do not upgrade or install a new version, Shadex may not work properly or at all. We do not guarantee that we will provide any updates for any version of Shadex or that such updates will continue to support your device or system.
We may provide technical support to Shadex (free of charge or for a fee) at our sole discretion. Our technical support is provided without any warranties or guarantees of any kind and is at all times subject to these Terms.
In order to provide you with Shadex, we may need to access and/or use the relevant device (such as a mobile phone, tablet or desktop computer) that you use to access Shadex - for example, we may need to use the processor and memory of your device to complete the relevant Shadex software installation. Or use the device's camera and microphone to provide you with video chat services. You consent to our access and use of your device.
You hereby authorize us to collect and use your address book, contact list, mailbox, system application list, device information and unique device identifiers (such as UDID) from your device that you have downloaded Shadex in order for you to use our services.
We will provide more information about how Shadex uses and accesses your device, or otherwise, such as through the relevant app store, as part of the Shadex installation process on your device. You understand that if you do not provide us with such use or access rights, we may not be able to provide you with Shadex.
Any Personal Data (as defined in the upShadex Privacy Policy) that we use or access on your device will be processed in accordance with these Terms, including our upShadex Privacy Policy.
You may need an appropriate Internet connection to authenticate your Shadex account or use Shadex. You may also need to activate specific features described in Shadex. If you do not meet these requirements, you may not be able to use certain features in Shadex.
Please note that we are not responsible for any third-party fees you incur as a result of using Shadex (including any fees charged by your internet and telecommunications service providers).
12.1 You agree to:
a. Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements;
b. Strictly abide by these Terms and Conditions;
c. Use "Shadex in a good way".
12.2 You agree to:
a. Not engage in illegal or unwelcome conduct in Shadex-related activities, including dishonest, abusive or discriminatory remarks;
b. Not post defamatory, obscene, shocking, hateful, threatening or other inappropriate content, or publicly express personal dissatisfaction or controversy;
c. Do not create a profile for anyone other than yourself (real person);
d. Do not use or attempt to use another person's account;
e. Do not steal or attempt to steal another person's virtual property, such as virtual gifts;
f. Do not harass, abuse or harm others;
g. Do not develop, support or use software, devices, scripts, Robots or any other means or processes (including crawlers, plug-ins or other technologies or manual work) to obtain Shadex's data or otherwise copy Shadex's personal data and other data;
h. Do not bypass or circumvent any access control or restrictions on the use of the "Service";
i. Do not copy, use, disclose or distribute any information obtained from Shadex directly or through a third party (such as a search engine) without our consent;
j. Do not use, disclose or distribute any data obtained in violation of these Terms;
k. Do not disclose information that you do not have the right to disclose (such as confidential information of others);
l. Do not infringe on the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
m. Do not infringe on our intellectual property or other rights;
n. Do not post content that contains software viruses, worms or other harmful code;
o. Do not manipulate identifiers to disguise the source of any message or posting transmitted through Shadex;
p. Do not create or operate a pyramid scheme, fraud or other similar practices;
q. Do not reverse engineer, decompile, disassemble, decrypt or otherwise attempt to modify Shadex's non-open source code or any related technology;
r. Do not remove, cover or block any advertisements in Shadex;
s. Do not use robots or other automated methods to access Shadex, add or download contacts, send or redirect messages;
t. Do not monitor the availability, performance or functionality of Shadex for any competitive purpose;
u. Do not access Shadex except through an interface expressly provided by us (such as a mobile application);
v. Do not use Shadex for purposes other than those for which it was designed;
w. Do not bypass any Shadex security features; and/or
x. Do not interfere with the operation of Shadex or impose unreasonable loads (such as spam, denial of service attacks, viruses, game algorithms).
We warrant to you that we will provide you with the Services with reasonable care and skill.
Except for this warranty, to the extent permitted by applicable laws and regulations, Shadex is provided on an "as is" and "as available" basis, and neither we nor any of our affiliates make any representations, warranties or promises regarding Shadex or any content submitted, transmitted or displayed by Shadex, including but not limited to: (I) representations, warranties or promises that Shadex will be uninterrupted, secure, error-free or virus-free; (II) representations, warranties or promises that Shadex will be compatible with your device; (III) any representations, warranties or promises that Shadex is merchantable, fit for a particular purpose or does not infringe any person's intellectual property rights. To the extent permitted by applicable laws and regulations, you waive all implied representations, warranties and promises.
To the extent permitted by applicable laws and regulations, the total liability of the Company and its affiliates for all claims arising out of these Terms, Shadex or any circumstances will be limited to the amount you paid to us for the use of Shadex, and in no event will it exceed US$50.
To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliates be liable for any of the following:
1. (I) any natural disasters such as floods, earthquakes or epidemics; (II) any social events such as war, riots or government actions; (III) damages caused by computer viruses, Trojans or other malware, hackers; (IV) any failure or malfunction of our or your software, system, hardware or connection; (V) improper or unauthorized use of Shadex; (VI) your use of Shadex in violation of these Terms; or (VII) due to causes beyond our reasonable control or foreseeable;
2. any indirect, special, consequential, exemplary or punitive damages; and/or
3. any loss of business, revenue, profit, goodwill, content or data.
Notwithstanding anything else in these Terms, these Terms do not limit or exclude any legal rights you may have in your jurisdiction (including any rights under applicable consumer protection legislation), to the extent such rights cannot be excluded or waived under applicable laws and regulations.
You agree to hold us and our affiliates harmless from any claims, actions, suits, demands, damages, liabilities, losses, costs, expenses (including litigation costs and attorneys' fees), and liabilities arising out of: (I) your use of Shadex; or (II) your breach of these Terms.
Subject to the provisions of the "Third Party Content and Services" section of these Terms, various third parties may provide certain content, services or software on Shadex.
These Terms apply to the relationship between you and us. All transactions between you and third parties, including those found through Shadex, are solely between you and the relevant third party. Subject to mandatory applicable laws and regulations, we and our affiliates are not responsible for any transactions between you and any third party, including the content or services provided by such third parties on the Shadex website.
These Terms apply to your use of Shadex until your access to Shadex is terminated by you or us.
We may suspend or terminate your access to your account or any or all of Shadex if we believe that you have breached these Terms or that your use puts Shadex or other users at risk, gives rise to potential claims against us by third parties, or could damage our reputation. We may also suspend or terminate your access if you do not use Shadex for an extended period of time, or for any other reason at our sole discretion. We will give you advance notice of any suspension or termination where reasonably practicable.
Once your access to Shadex is terminated (in whole or in part), you shall immediately and permanently delete all copies of Shadex related to the termination and immediately cease accessing and using Shadex.
After termination of these Terms, we will retain and use your Content in full accordance with these Terms (in particular, the forthShadex Privacy Policy). If we suspend or terminate all or part of Shadex, or if you or we terminate your access to Shadex, we cannot guarantee that we will be able to return any of your Content to you, and we may permanently delete your Content at any time after termination without notice to you. Make sure you back up your Content regularly.
These Terms represent the entire agreement between you and us regarding Shadex. You agree that you shall not bring any claim against us in respect of any representations not expressly contained in these Terms. The words “including” and “including” shall be interpreted without limitation. The invalidity of any part (or any portion) of these Terms shall not affect the validity or enforceability of the other terms (or the remainder of such terms). If a court finds that we cannot enforce any part of these Terms, to the extent permitted by applicable law and regulation, we may replace these Terms with similar terms without changing the remainder of these Terms. Any delay in enforcing these Terms will be deemed a waiver of any rights under these Terms. Any rights and obligations under these Terms that by their nature should survive termination or expiration of these Terms, including any liability or indemnity provided by the parties (if any), will survive termination or expiration of these Terms.
No one shall have any right to enforce these Terms against anyone other than you and us, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or subcontract these Terms or all or any of our rights and obligations under these Terms without your prior consent or prior notice to you.