Terms of Service
1. By
becoming a member of this service (the "Service"), you become a
subscriber and agree to be bound by this Agreement (the
"Agreement"). This Agreement is subject to change at any time. You
acknowledge and agree as a subscriber to review these terms and
conditions periodically to be aware of any changes or modifications.
Your continued subscription constitutes your acknowledgement of any
changes or modifications to this Agreement and you agree to abide
and be bound by the modified Agreement.
2. Subscription fees will be incurred by the subscriber. The
subscriber is responsible for paying periodic subscription fees
according to the current billing terms.
3. Unless and until this Agreement is cancelled in accordance with
the terms hereof, subscriber hereby authorizes the "Service" to
charge subscriber's credit card (or other approved facility) to pay
for the ongoing cost of membership. Subscriber hereby further
authorizes the "Service" to charge subscriber's credit card (or
other approved facility) for any and all purchases of products,
services, and entertainment provided by the Merchant.
Subscription may not be assigned or transferred to any other person
or entity. Subscriber must promptly inform billing of the following:
changes in the expiration date of any credit card used in connection
with the Service; changes in home or billing address; and apparent
breaches of security, such as loss, theft, or unauthorized
disclosure or use of a User ID or password. Until the Merchant is notified, via e-mail, of a breach in security, the
subscriber will remain liable for any unauthorized use of the
Service. Upon request the Merchant, will provide
subscriber with copies of billing records that support charges for
use of the Service.
4. Payment for the appropriate services may be made by automatic
credit card debit. Membership will automatically be renewed for the
original term upon expiration, unless the Merchant is
notified, via email, along with your User ID and Password, 48 hours
prior to membership expiration. Three-Day Special Introductory Trial
Membership shall renew at the normal one-month membership rate of
Twenty-Nine dollars and Ninety-Five cents. Three-Day Special
Introductory Trial Memberships do not grant the member access to the
full selection of content or full range of benefits of the Service.
Trial Memberships receive access to a limited amount of content and
service. Upon renewal to the full one-month membership, or upon
request of the subscriber via "Membership Upgrade" links provided in
the password protected area of the Service, membership will be
upgraded to access to the full selection of content and full range
of benefits of service.
5. Subscription to the Service may be terminated at any time and
without cause by either the Merchant or the subscriber
upon notification to the other via e-mail. Subscribers are liable
for charges incurred by them until termination of Service.
6. Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to the
Service. Access to and use of the Service is through a combination
of a User ID and a password. Each subscriber must keep his password
strictly confidential. Remember your password! For security reasons,
the Merchant will not release passwords for any reason,
except as may be specifically required by law or court order.
Unauthorized access to the Service is a breach of this Agreement and
a violation of law.
7. Any liability of the Merchant, including, without
limitation: any failure of performance; error; omission;
interruption; deletion; defect; delay in operation or transmission;
communications line failure; theft, destruction, alteration, or
unauthorized access of records, whether for breach of contract,
tortuous behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount paid by or on behalf of the
subscriber to the Merchant for the preceding 12 months.
Some states/provinces do not allow the limitation or exclusion of
liability for incidental or consequential damages; therefore, the
above limitation or exclusion may not apply to you.
8. No warranty is made by regarding any information, services, or
products provided through or in connection with the Service, and the
Merchant hereby expressly disclaims any and all
warranties, including, without limitation: any warranties as to the
availability, accuracy, or content of information, products, or
services, and; any warranties of merchantability or fitness for a
particular purpose. Some states/provinces do not allow the exclusion
of implied warranties; therefore, the above exclusion may not apply
to you.
9. Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by the Merchant and may not be copied, redistributed, or downloaded, in
whole or in part, without the prior written consent of the Merchant, unless otherwise clearly stated in this Agreement.
Refund Policy
Shiny Archives does not provide cash refunds. We may, however, grant
credits in the form of free monthly memberships to resolve customer
service issues. The billing system used by Shiny Archives or our
authorized agents provides extensive credit card fraud protection
measures and our Sites include many features to protect users from
accidental charges. Therefore, refunds to your credit card will be
provided only under the rarest of circumstances such as persistent
technical problems originating with our equipment. |