shieldsdates.com is operated by Shields Date Garden, (referred to herein as “Shields”, “we”, “us”, or “our”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using the Shields website, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use this website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.
TRADEMARKS
All registered trademarks, trademarks and/or service marks mentioned or implied on this website are copyrighted by their respective owners.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on this Shields website are the copyrighted property of Shields. All trademarks, service marks, and trade names are proprietary to Shields. No material from this site or any Internet site owned, operated, licensed, or controlled by Shields may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without prior written consent of Shields. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to Shields.
In the event you download any software, files, images, images incorporated into or generated by the software, data or data produced by the software (collectively known as, the “Software”) from this site, are licensed to you by us (or third party licensors) for your personal use only. {NOTICE: Third party licensors may have further rules and/or restrictions regarding their software and/or products. Please see and follow all third party licensors information} We do not transfer the title to any Software to you in any way. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form (into any language, natural or computer) or by any other form or means without prior written consent from Shields.
Any code, text, photo, graphic, audio and/or video material contained on this Shields site shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use without prior consent, in writing, from Shields. Shields will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own projects. Please do not send us any unsolicited original materials such as drawings, ideas, products or specifications. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any ideas, suggestions, or materials (unless specifically requested by Shields). If, at our request, you send certain specific submissions (i.e., email, attachments) or, despite reading our above warning you send us suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Shields unless noted otherwise. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, message board, or e-mail function offered as part of this website.
If you participate in any Forum within this site, you must not:
–Defame, abuse, harass or threaten others;
–Make any bigoted, hateful or racially offensive statements;
–Advocate illegal activity or discuss illegal activities with the intent to commit them;
–Post or distribute any material that infringes and/or violates any right of a third party or any law;
–Post or distribute any vulgar, obscene, discourteous or indecent language or images;
–Advertise or sell to, or solicit others;
–Use the Forum for commercial purposes of any kind other than business conducted for Shields ;
–Post or distribute any software or other materials which contain a virus or other harmful component.
It is our policy to respect the privacy of all customers. Therefore, in addition to your privacy (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer’s e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on this website; (c) we must do so in order to resolve technical problems with a product produced by Shields ; or (d) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us in any form, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed unless there is an agreement signed by all parties involved prior to the submission. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
CONTENT LINKED TO/FROM ANY SHIELDS WEBSITE
Please exercise discretion while browsing the Internet using this website. You should be aware that when you are on the Shields site, you could be directed to other sites that are beyond our control. There may be links to other sites from Shields pages that take you outside of our service. For example, if you “click” on a product name, the “click” may take you off the Shields site. This includes links from sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on any site may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to this Shields site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this Shields site.
Please keep in mind that whenever you give out personal information online – for example, via message boards, chat or email – that information can be collected and used by people you do not know. While Shields strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS ON THIS Shields SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY Shields SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Shields SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Shields SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Shields site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Shields site or third party content on our site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY Shields SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY Shields SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials on any Shields site are presented solely for the purpose of promoting products produced by Shields, and available in the United States and its territories, possessions, and protectorates. Shields.com is controlled and operated by Shields, Incorporated from its U.S. offices in Indio, California. We make no representation that materials on any Shields site are appropriate or available for use in any particular location. Those who choose to access an Shields site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this site and destroying all materials obtained from and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to this Shields site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Shields site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Riverside County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on this Shields site, electronic mail to a user’s e-mail address on our records, or by written communication sent by first class mail to a user’s address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Service Provider(s): Shields Date Garden
Full Address of Designated Agent to Which Notification Should be Sent: 80-225 U.S. Highway 111, Indio, CA 92201-6599 USA
Telephone Number of Designated Agent: (760) 347-0996
E-mail Address of Designated Agent: info@shieldsdates.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
