Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use. Sheen, Inc. and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site. This Web site is made available for your personal, non-commercial use only. By accessing and/or using any of our tools and services you acknowledge that you have read and understand the following Terms of Use and agree to be bound by the terms and conditions contained herein. Terms of use apply to all parties who use any of our tools and services. You may not use this Web site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from any type of Web search and reformat and display them, or mirror the Web site home page or results pages on your Web site. If you want to make commercial use of the Web site, you must enter into an agreement with the Sheen Site to do so in advance. Please contact us for more information.
1. No Representations Or Warranties
The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.
2. Privacy Policy
The information that Sheen obtains through your use of our sites, is subject to our Privacy Policy. That Privacy Policy contains terms and conditions that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates an agreement to our Privacy Policy.
3. User Warnings/User Conduct
We may make certain services available, including without limitation, e-mail, chat rooms, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
- Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
- Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
4. Payments and Refunds
Our application is sold as a service. We offer month-to-month payment plans and/or a year pre-paid payment plan. You must pay our fees in order to access and use our application.
The Services are billed in advance on a monthly basis and the fee is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes and Canadian provincial and federal goods and services (GST) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
5. Web Site Links And Third-Party Sites
This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
6. Confidentiality
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
7. Security
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
8. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
9. Ownership
All contents of this website are Copyright © 2010 Sheen, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying Sheen's products or services are proprietary marks belonging to Sheen. A list of trademarks owned by Sheen is set forth in Section 15 of these Terms of Use. The names of companies and products not owned by Sheen and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Sheen, Inc. without the express written permission of Sheen, Inc. is strictly prohibited.
10. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Sheen (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sheen or by the owners of that Content, in a separate agreement.
Sheen reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Sheen may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Sheen has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sheen may suffer) by doing so.
11. Keyword/Keyphrase Limitations
We disclaim any responsibility for the content of any keywords or keyphrases that you an encounter in our database or elsewhere as made available to you by us. Keywords and keyphrases often have a sexually explicit nature. That’s simply because the world seems to be driven by sexual content and as such sexually related keywords and keyphrases are commonly used to obtain various advantages. Perhaps twenty percent or more of the keywords returned will be of a sexually explicit nature. If you are faint of heart regarding such content, you are probably not going to want to use our tools and services. Removal of such content by us would provide invalid results.
12. Proprietary rights
You acknowledge and agree that Sheen (or Sheen's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Sheen and that you shall not disclose such information without Sheen's prior written consent.
Unless you have agreed otherwise in writing with Sheen, nothing in the Terms gives you a right to use any of Sheen's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Sheen, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Sheen's brand feature use guidelines as updated from time to time.
Other than the limited license set forth in Section 11, Sheen acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Sheen, you agree that you are responsible for protecting and enforcing those rights and that Sheen has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Sheen, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
13. License from Sheen
Sheen gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Sheen as part of the Services as provided to you by Sheen (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sheen, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sheen, in writing.
Unless Sheen has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
14. Disclaimers
Our content may contain mistakes, inaccuracies or typographical errors and erratum. You agree to hold us harmless from any claims arising from such unfortunate happenstances. We reserve the right to make changes, modifications and updates to any information we publish or otherwise make available to you with no prior notice being given. If you use any of our tools and services (which includes all content of any nature) you agree to assume sole legal responsibility and all risks for such usage.
15. Pricing Changes
We may change our prices for our products and services at any time. You will be informed of all pricing changes at least a month in advance. We will either email you about our pricing changes or merely post them on our website, or both, at our sole discretion. All pre-paid purchases will not be affected by such pricing changes until your pre-paid period has elapsed. When we raise prices, you may unsubscribe to such services and tools before the new pricing takes effect.
16. Automatic Subscription Renewals
We will automatically renew your subscriptions when they expire unless you unsubscribe or cancel prior to the termination date of your subscription. You must unsubscribe or cancel at least 24 hours prior to the termination date for your cancellation to take effect. Please contact this address to unsubscribe: unsubscribe@sheen.com
17. Technological and Service Changes
We reserve the right to make technical, interface and service changes without prior notice to you. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or services and tools following such changes and modifications will constitute your binding acceptance.
18. Service Outages
We cannot promise that our various services and tools will be available 100% of the time. Some outages may occur, especially when we upgrade our services and tools. This is a normal part of how any technology service must conduct repairs and upgrades. You agree to hold us harmless from any damages that arise from our not providing services to you 100% of the time. Our services may have interruptions or errors and you also agree that we are not responsible for any damages of any nature regarding such interruptions or errors. Should our service not be available for thirty percent or more of any calendar month, we will provide you with one additional month of service at no charge to you.
19. Access Restrictions
For those areas of our website where we do not intentionally charge a fee to access, such areas may be accessed at no charge. But any service or tool, or portion of our site, that we provide only via a subscription basis, may be accessed only by the party paying for the subscription. Subscriptions are non-transferrable and your account may not be used by any third party. Violations will result in our terminating your account and you will not receive a refund despite the fact that such termination may take place within your first thirty days of using or accessing the related subscription tool or service.
20. Automated Solutions
Our automated solutions, including tools, software applications and online systems used to perform automated queries can ONLY be performed via the API we provide.
21. Refusal of Service
We reserve the right to refuse any order that you place with us for reasons that are in our sole discretion and we shall not be required to explain to you why we refused to honor your order. Note that any violations of the law on your behalf or violations of what is generally considered to be good practices within the general Internet Community will result in refusals by us to honor orders and may even result in your account being terminated with no refund to you.
22. Content License From You
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Sheen a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Sheen to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this license includes a right for Sheen to make such Content available to other companies, organizations or individuals with whom Sheen has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Sheen, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sheen to take these actions.
You confirm and warrant to Sheen that you have all the rights, power and authority necessary to grant the above license.
23. Prohibited Uses
You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate queries, Referral Events, or impressions of or clicks on any Ad, Link, Search Result, or Referral Button (including without limitation by clicking on "play" for any video Ad) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) edit, modify, filter, truncate or change the order of the information contained in any Ad, Link, Ad Unit, Search Result, or Referral Button, or remove, obscure or minimize any Ad, Link, Ad Unit, Search Result, or Referral Button in any way without authorization from Sheen; (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ("Advertiser Page"), any Search Results Page, or any Referral Page; (iv) redirect an end user away from any Advertiser Page, Search Results Page, or Referral Page; provide a version of the Advertiser Page, Search Results Page, or Referral Page that is different from the page an end user would access by going directly to the Advertiser Page, Search Results Page, or Referral Page; intersperse any content between the Ad and the Advertiser Page, between the page containing the Search Box and the Search Results Page, or between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page, from the page containing the Search Box to the Search Results Page, or from the Referral Button to the Referral Page; (v) display any Ad(s), Link(s), or Referral Button(s) on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content; (vi) directly or indirectly access, launch, and/or activate Ads, Links, Search Results, or Referral Buttons through or from, or otherwise incorporate the Ads, Links, Search Results, or Referral Buttons in, any software application, Web site, or other means other than Your Property(ies), and then only to the extent expressly permitted by this Agreement; (vii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Ads, Links, Search Results, or Referral Events, or any part, copy, or derivative thereto; (viii) act in any way that violates any Program Policies posted on the Sheen's Web Site, as may be revised from time to time, or any other agreement between You and Sheen (ix) disseminate malware; (x) create a new account to use the Program after Sheen has terminated this Agreement with You as a result of your breach of this Agreement; or (xi) engage in any action or practice that reflects poorly on Sheen or otherwise disparages or devalues Sheen's reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
24. License
Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
25. Claims of Copyright Infringement
Sheen, Inc. respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Sheen’s Designated Agent. To be effective, the notification must be in writing and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Sheen to locate the material;
- Your address, telephone number, and, if available, your e–mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send the written communication to the following address:
Legal Department
Sheen, Inc.
227 Bellevue Way NE, Suite 701
Bellevue, WA 98004
OR fax to:
(425) 642-8221, Attn: Legal Dept.
This contact information is provided exclusively for notifying Sheen, Inc. that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.
26. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
27. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
28. International Use
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
29. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
30. Trademarks
Below is a complete list of Sheen trademarks. Sheen, Inc. (“Sheen”) has made an effort to keep this list current and complete. Sheen reserves any and all intellectual property rights that it has established in any of its product, feature or service names or logos, even if such name or logo does not appear on this list.
- SheenTM
- SheenInsightsTM
- Sheen (& Design)TM
- SheenRank TM