Terms of Use

Last updated: January 6, 2022

1. Introduction

Please read these Terms of Use (these "Terms") carefully as they govern your access to and use of all of Shen Yun Creations, Inc.’s websites (including https://www.shenyuncreations.com; https://shenyun.social and https://shenyun.boutique) and mobile applications ("Service") and all music, audio, videos, or other information and materials ("Content") and all merchandise or products ("Product") made available through the Service.

Throughout these Terms, we may refer to Shen Yun Creations, Inc. as "Shen Yun Creations", "we" or "us", and users of our Service as "you" or "user".

Changes to the Terms and Conditions

We may modify the Terms from time to time. Such modifications will only be effective when the modified terms are posted on the Service, and will have no retroactive effect.

Acceptance

By accessing or using the Service, you are agreeing to the Terms and entering into a legally binding contract with Shen Yun Creations. If you do not agree to these Terms, you must not access or use the Service.

Age and eligibility

By using the Service, you affirm that you are 18 years or older. If you are under the age of 18, you may only use our Service with the consent of your parent or legal guardian.

If you are accessing or using our Service on behalf of a business or entity, then you affirm that you are an authorized representative of that business or entity with the authority to bind that business or entity to these Terms. You also affirm that your business or entity is legally and financially responsible for your access to or use of the Service.

Additionally, you represent that any registration and account information that you submit to Shen Yun Creations is true, accurate, and complete, and shall continue to be true, accurate and complete for the duration of your use of the Service.

2. Our Service, Content and Product

You may be required to pay to obtain, or for access to certain Content or Product provided through the Service. By initiating a transaction with us, you represent and warrant that you are 18 years or older, and have the legal right to use the payment means selected by you.

Purchase

You agree to pay in full the prices for any purchase you make either by credit/debit card concurrently with your online order, or by other payment means acceptable to Shen Yun Creations. You agree to pay all applicable taxes in relation to your purchase. If your payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You may be asked to supply certain information in connection with your purchase, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. By submitting such information, you allow us to use such information in accordance with our Privacy Policy, including, without limitation, providing such information to third parties to facilitate the completion of transactions initiated by you or on your behalf. We may verify the information that you provide us in connection with your transaction, prior to completion of such transaction.

We or our third party designees may automatically process charges against your selected payment method on the receipt page.

To the extend permitted by law, all sales through the Service are final, and all charges from those sales are nonrefundable, except as otherwise provided in these Terms.

Product specification, availability and pricing

We seek to accurately describe the Content and Products we offer through the Service, but do not warrant that such descriptions or specifications are complete, accurate, current, or free of error.

When there is any error in the availability, pricing, description or specification of a Content or Product, we reserve the right to refuse or cancel any purchase of such Content or Product. If we charged your credit prior to such cancellation, we will reissue that credit to your account.

Price, any applicable discount, availability and the specification of any Content or Product provided through the Service is subject to change with or without prior notice.

If a Content or Product you purchased from us is not as described on the Service, your sole remedy, to the extend permitted by law, is to return that Product, to cancel the purchase and receive a credit for the purchase price.

Product and Service delivery

We strive to keep the Service operational. However, the availability and delivery of the Service and the Content or Product offered through the Service may change, without liability to you. For instance, the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to comply with changes in relevant legal and regulatory requirements. We also aim to improve the Service constantly, and may therefore modify, suspend, or terminate the provision of all or part of the Service.

To the extent permitted by applicable law, your sole remedy with respect to any Content or Product you purchased that is not delivered within a reasonable period will be either a replacement of such Content or Product or a refund of the purchase price that your paid for such Content or Product, which we may determine within our reasonable discretion.

Shen Yun Creations has no liability to you, nor any obligation to provide a refund to you, for the failure or delay in the delivery of a Content or Product that is associated with an internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

International orders

Users who order or purchase a Product through the Service from outside the United States are responsible for complying with their local laws and regulations. When you place an order and provide a shipping address outside of the United States you or your designated consignee are the Importer of Record and as such are authorizing Shen Yun Creations to import the goods to your destination country on your behalf.

Furthermore, you agree that Shen Yun Creations may delegate the obligation to import the Product you order on your behalf to a subcontractor (e.g. customs broker).

We will make best effort, but are not obligated, to calculate and collect the applicable duties and taxes and any other additional fees up front at the time of purchase, which may be indicated at checkout, or be included in the purchase price of a Product. If we do not do so, you or your designated consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other applicable import fees to your local customs authorities.

Third Party content and sites

The Service may contain, link to or incorporate third party websites, software applications, other services and certain digital communications and content made available by third parties (collectively, "Third-Party Services"), that are not owned, controlled or operated by us.

Shen Yun Creations is not responsible for the quality, performance or delivery of Third-Party Services, and does not assume any liability arising from your use or exploitation of the Third-Party Services. Shen Yun Creations does not necessarily review or monitor any Third-Party Services. The availability of Third-Party Services on the Service does not imply our endorsement of, or affiliation with, such Third-Party Services, or its providers.

Your engagement of Third-Party Services may be subject to the policies, terms and conditions which may be provided to you by the applicable third party. Shen Yun Creations is not responsible for any issues and disputes arising from your interactions or dealings with respect to Third-Party Services (such as issues of payment, warranties, privacy, advertisement, delivery), which are solely between you and the provider of those Third-Party Services. You irrevocably release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with such disputes.

Our Service may also be integrated with, or may otherwise interact with third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Shen Yun Creations does not guarantee that these Third-Party Devices and Services will be compatible with our Service or Content.

3. Ownership of rights

Shen Yun Creations’ proprietary rights

Shen Yun Creations or its licensors, where applicable, own, solely and exclusively, all rights, title to and interest in the Service and the Content, which includes all copyrights, trademarks rights, patent rights, moral rights, sui generic rights and other intellectual property and proprietary rights.

These rights, titles and interests are protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition laws to the fullest extent possible.

Your access to or use of the Service and Content does not grant you ownership of such Service or Content. Any commercial distribution, publishing or exploitation of the Service or Content is strictly prohibited unless you have received the express prior permission of Shen Yun Creations, or the applicable licensor.

All Shen Yun Creations trademarks, service marks, trade names, logos, domain names, and any other features of the Shen Yun Creations brand ("Shen Yun Creations Brand Features") are the sole property of Shen Yun Creations. These Terms do not grant you any rights to use any Shen Yun Creations Brand Features whether for commercial or non-commercial purpose.

You understand that the Service and Content may include or incorporate a security framework using technology that protects digital information and imposes usage rules established by us, our affiliates or our licensors. You hereby agree to abide by such usage rules.

Your rights to use the Service and Content

Subject to your compliance with these Terms, and any other applicable terms and conditions established by us, our affiliates or our licensors, we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content. You agree that you will not redistribute or transfer the Service or the Content.

The Service and Content are licensed, not sold or transferred to you. Shen Yun Creations and its licensors retain ownership of all copies of the Service, software applications and Content even after its installation on your devices. For clarity, this paragraph does not apply to physical Products that are sold or otherwise made available through the Service.

4. Your Use of Service and Content

Creating an account

You may need to register, or create an account to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You are responsible for any use, including unauthorized use, of your username and password.

You agree to notify us promptly if your password is lost or stolen, or if you believe there has been unauthorized access to your account. Shen Yun Creations may require you to change your username, password or other information you provide to us in relation to your account. We reserve the right to close your account at any time, at our reasonable discretion.

User Guidelines

To make sure that the Service remains accessible and enjoyable to everyone, you must comply with the following User Guidelines in your use of the Service and Content. If you violate the User Guidelines, your access to and use of the Service and Content, as well as your account may be suspended or terminated.

User Guidelines on use of the Service

The following uses are not permitted with respect to any part of the Service or Content:

  1. copying, reproducing, redistributing, recording, "ripping". transferring, framing, linking to, displaying, broadcasting, making available to the public, or any other use which is inconsistent with these Terms or applicable law, or which otherwise infringes intellectual property rights;

  2. reverse-engineering, decompiling, disassembling, modifying, creating derivative works, or attempting to reconstruct, identify or discover any source code, underlying ideas, or algorithms, except where the restriction of such activities is expressly prohibited by applicable law;

  3. importing, copying or transferring any local files or cached Content from one platform to another, without the legal right to do so;

  4. "crawling" or "scraping", or using any other automated means such as bots and spiders, to view, access or collect information;

  5. circumventing any software, programme, security feature or technology, including digital rights management mechanisms, used by Shen Yun Creations, its licensors, or any third party;

  6. circumventing or blocking advertisements by the creation or use of tools, programmes or softwares;

  7. selling, assigning, transferring or leasing, or engaging in any form of monetization, except as expressly permitted under these Terms;

  8. altering or removing any notices, marks or indications of intellectual property, such as to disguise, conceal, erase or change any indications of source of ownership;

  9. altering any part of the Services or Content without the express permission of Shen Yun Creations or the relevant licensors; or

  10. interfering with or disrupting the operation of the Service or the servers or networks used to make the Service available.

Guidelines on user-generated content

You may post, upload, or contribute content to the Service, such as such as text messages, pictures, graphic, audio, video, softwares, tools, information and materials ("User Content").You may not generate, upload or transmit on the Service any User Content that:

  1. is offensive, abusive, defamatory, obscene, threatening, or that advocates or incites violence;

  2. harasses or bullies other users;

  3. is fraudulent or is for a fraudulent purpose;

  4. constitute or encourage conduct that would give rise to criminal or civil liability;

  5. violates intellectual property right, proprietary rights, privacy rights, contractual rights or any other rights of Shen Yun Creations or any third party;

  6. exposes confidential or private information of Shen Yun Creations or a third party;

  7. contains virus or malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;

  8. contains unsolicited or unauthorized adverting, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;

  9. impersonates any person or entity, or misrepresent your affiliation with any other person or entity;

  10. links, references or promotes commercial products or services without the express permission of Shen Yun Creations;

  11. attempts to interfere with or disrupts the Service, or access to the Service by other users; or

  12. has previously been removed, in whole or in part, by us for a breach of these Terms, or any other applicable terms, or which attempts to circumvent our enforcement action.

5. Responsibility and rights in User Content

License over User Content

You retain ownership of your User Content when you post, submit or transmit it to the Service. However, to make your User Content available on the Service, we require and you agree to grant us an immediate, non-exclusive, worldwide, royalty free, fully paid up, perpetual, irrevocable, transferable and sub licensable license to reproduce, distribute, transmit, communicate to the public, perform and display, edit, modify, adapt, translate, create derivative works from and otherwise use any such User Content through any format, platform or medium, in connection with the Service.

Without compensation to you, you automatically grant us permission to use your name, profile picture, and information about actions you have taken on the Service in connection with ads and other sponsored content we display.

In posting User Content on the Service, you acknowledge that such User Content will be publicly accessible, and freely shared by other users of the Service and across the web. Subject to our Privacy Policy, we deem all User Content to be non-confidential, and may use such User Content without any confidentiality or other non-disclosure obligations and without attribution to you or any third party.

To the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights, in connection with any User Content that you post or share through the Service.

Responsibility over User Content

You are solely responsible for all User Content that you post or share on the Service. Shen Yun Creations is not responsible or liable for what you or others may post or share on the Service, including User Content that violates our User Guidelines.

Shen Yun Creations may, but is not obligated to, monitor or review User Content. We reserve the right to remove, or restrict access to any User Content, at our discretion, without notice or liability to you.

Your warranty

You promise and affirm that you own or have the lawful right to post or share any User Content you post or share on the service. You also promise and affirm that you have the right to grant us the license to use your User Content as described in this section, and that our use of your User Content pursuant to such license will not violate these Terms, including our User Guidelines, all applicable law, and the intellectual property or other rights of any third party.

You agree that our use of your User Content does not imply that we are affiliated with you, or that we endorse you or your User Content.

Indemnification

You agree to defend, indemnify and hold us, our agents, affiliates and employees harmless from all claims, liabilities, costs and expenses, arising from your use of the Service, or your posting or sharing of any User Content. You also agree to assist and cooperate with our defence of any such claims.

Feedback

We welcome but do not solicit ideas, suggestions, or other feedback regarding our Service, Content and Products ("Feedback"). If you provide any Feedback to us, such Feedback is not confidential and we may use such Feedback without restriction or compensation to you. Feedback is considered User Content under these Terms.

6. Privacy Policy

Your personal privacy and data privacy is important to us. In the course of your use of the Service, we may ask you to provide certain personalized information about you to us. Our information collection and use policies with respect to the privacy of such information are set forth in our Privacy Policy, which are incorporated into these Terms. You are solely responsible for the accuracy and content of such personalized information that you provide to us.

7. Disclaimers and limits of liability

Warranty disclaimer

All of our Service, Content and Product is provided "as is", except to the extent, if at all, set forth in a written license or sale agreement separately entered into between you and Shen Yun Creations or our supplier or licensor.

We make no guarantee that the Service, Product and Product will be free of defect or error, safe, secure, or function without delays, imperfections, or disruptions. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose.

We do not warrant that the Service will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made in these Terms.

For clarity, this section does not expand or limit any express, written product warranty or disclaimers that are provided by Shen Yun Creations or a manufacturer, in relation to a physical product sold by us, or any warranty on a physical product to the extent required by applicable law.

Limitation of liability

Our liability to you arising from your use of the Service or Content shall be limited to the fullest extent permitted by applicable law.

In no event will Shen Yun Creations, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for(i) any indirect, special, incidental, punitive, exemplary, or consequential damages and (ii) any loss of use, data, business or profits, whether direct or direct, arising out of, or in connection with your use of the Service or Content, regardless of legal theory, and without regard to whether Shen Yun Creations has been warned of, or knows about the possibility of such damages.

In any event, the aggregate liability for all claims relating to our Service or Content shall not exceed the greater of (A) the amounts paid by you to Shen Yun Creations during the twelve months prior to your first claim; or (B) $30.00.

Shen Yun Creations assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Service or your downloading of any Content provided through the Service.

If you are dissatisfied with the Service, your sole remedy is to discontinue using the Service.

For clarity, this section does not expand or limit any express written product terms that are provided by us or a manufacturer with regard to a physical product sold by us.

8. Complaints and dispute resolution

Any dispute, claim or controversy between you and Shen Yun Creations arising from or in connection with these Terms shall first be settled by you and Shen Yun Creations through friendly negotiations. In the event the parties fail to reach an agreement on the dispute within sixty (60) days after delivery of the written request for friendly negotiations by one party to the other party, the dispute may be submitted to American Arbitration Association (AAA) for arbitration, which shall be conducted in accordance with AAA's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon all the parties.

Reconciliation

You agree that in the event of any dispute between you and Shen Yun Creations, you will first contact Shen Yun Creations by the following contact address and make a good faith, sustained effort to resolve the dispute before resorting to arbitration:

Shen Yun Creations Inc.
295 Guymard Turnpike
Godeffroy, NY 12729
United States
Email: customer_service@shenyuncreations.com

Arbitration Agreement

After attempts to resolve disputes informally, any remaining dispute, controversy or claim relating in any way to these Terms and the Service, Content and Product will be finally resolved by binding arbitration.

This mandatory arbitration agreement applies equally to you and Shen Yun Creations. However, this arbitration agreement does not govern any claim by Shen Yun Creations for infringement of its intellectual property or access to the Service that is unauthorized or exceeds the authorization granted in these Terms.

Further, nothing in this Arbitration Agreement waive, preclude, or otherwise limit any of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with these Terms, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this section.

Procedure for arbitration

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Shen Yun Creations Inc.
295 Guymard Turnpike
Godeffroy, NY 12729
United States
Email: customer_service@shenyuncreations.com

The arbitration will be administered by the AAA under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes.

If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filings, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines that your claims are frivolous.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Time for commencing claim

Any claim arising from or in connection to these Terms must be commenced within one (1) year after the date the party asserting the claim first knows or ought to have known of the facts giving rise to the claim. There shall be no right to any remedy for any claim not commenced within that time period.

Class and representative action waiver

Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). You expressly waive any ability to maintain any Class Action in any forum.

In the context of arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity who is not a party to the arbitration. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void.

If for any reason a claim proceeds in court rather than in arbitration, you and Shen Yun Creations each waive any right to a jury trial.

Claims of copyright infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.

If you believe in good faith that certain Content infringes your copyright, you (or your agent) may send us a notice requesting that we remove or disable access to the Content. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send us a counter-notice.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace or restore the Content or cease disabling it. Unless the original complaining party files an action seeking court order against the provider or user of the impugned Content, the impugned Content may be restored, in ten (10) business days or more after our receipt of the counter-notice, at our sole discretion.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices should be sent to:

Shen Yun Creations Inc.
295 Guymard Turnpike
Godeffroy, NY 12729
United States
Email: customer_service@shenyuncreations.com

In submitting a notice or counter-notice, you understand that you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages and attorney’s fees, if you knowingly misrepresent that a Content is infringing.

9. About these terms

Governing law and jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regard to New York's choice or conflicts of law principles.

Further, you and Shen Yun Creations agree to the jurisdiction of the federal and state courts located in the State of New York to resolve any dispute, claim, or controversy that arises from or relates to these Terms or the Service that is not subject to mandatory arbitration under the Arbitration section established above, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire agreement

Subject to any written agreements entered into between you and Shen Yun Creations, these Terms and all other terms expressly incorporated into these Terms constitute all the terms and conditions that govern you and Shen Yun Creations, and supersede any prior agreements pertaining to the subject matter of these Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable for any reason or to any extent, the enforceability of the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Shen Yun Creations or any third-party beneficiary to enforce these Terms shall not be deemed or construed as a waiver of Shen Yun Creation’s or the applicable third-party beneficiary's right to do so.

Assignment

Shen Yun Creations may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign, transfer or sub-license your obligations and rights under these Terms, in whole or in part, to any third party.