May 3, 2021
Welcome to the Shen Yun Creations, Inc. (“Shen Yun Creations”, “we” or “our”) web site located at www.ShenYunCreations.com (“the Site”). We provide this Site as a service to our customers. Please read the following terms of service (“Terms”) carefully. These Terms constitute a binding obligation between you and Shen Yun Creations, and governs your use of our Site, including all purchases of goods and merchandise on the Site, our services and content accessible via our Site, and your member account (collectively referred to herein as the “Services”).
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.
We may update these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications deemed appropriate by us. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
Membership & Eligibility
Shen Yun Creations is an online retailer. By creating an account with us (your “Account”), you can purchase a variety of products offered on the Site. You can sign up and create your Account. You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. If we learn that we have collected information of a minor, we will take steps to delete such information from our files as soon as possible. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
We are committed to providing our customers with high quality products. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our return policy.
From time to time, Shen Yun Creations may launch various promotional offers. The terms of such promotion will be described in the promotional materials relating to such offer. We reserve the right to refuse, suspend, or revoke promotional offers at anytime.
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips, and works of authorship of any kind, and all information or other materials are subject to copyright protections and/or other intellectual property rights or licenses held by Shen Yun Creations (“Content”). We either own or have a license to all such Content. You acknowledge that the Services and the Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, Shen Yun Creations grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to Shen Yun Creations a non-exclusive, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to (i) use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and our (and our successors’ and affiliates’) business, including without limitation for general promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised), (ii) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. In the event that such User content contain the name, identity, likeness, and voice (or other biographical information) or intellectual property rights or proprietary rights of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Shen Yun Creations and its sub-licensees are allowed to use them to the extent indicated in these Terms. You understand that Shen Yun Creations is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Shen Yun Creations as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Shen Yun Creations on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(c) DMCA/Copyright Policy
Shen Yun Creations respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Use of the Services
We wish all of our customers a great experience in accessing and using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, Shen Yun Creations’s name, any Shen Yun Creations trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Shen Yun Creations or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to interfere in any way with the Services or Shen Yun Creations’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
• Violate any applicable law or regulation; or
• Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Customers who access and use the ShenYunCreations.com website from outside the United States are responsible for complying with their local laws and regulations. When you place an order and select 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 goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the website, Shen Yun Creations through its own or third party software tools will make its best effort to calculate and collect the applicable duties and taxes and any other additional fees up front, either at Checkout or included in the product price, but ultimately you or your designated consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other import fees to your local customs authorities.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] . You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
You agree to indemnify and hold Shen Yun Creations (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claims, disputes, demands, liabilities, as well as losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with any violation of these Terms, your access to and use of the Services, your User Content, or any activity related to your Account (including negligent or wrongful conduct).
Third Party Links
The Services may contain links to or content provided by third-party websites or resources (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content and will have no responsibility for Third Party Content including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You acknowledge that we provide these Third Party Content only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and all your interactions with such third-party websites or resources.
We may require you to meet certain requirements for passwords and we may change the requirements with or without notice. No matter how strong your password is, you must ensure that your Account credentials, or your email account associated with your Account, are secure. If they are not, people may compromise and take action on your Account. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, hints, or any other codes that you use to access or in relation to the Services. We assume no responsibility for any losses resulting from the compromise of your Account.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE AND PROVIDED TO YOU VIA THE SERVICES ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
We will not be responsible or liable to you for any loss arising out of or in connection of our services, including but not limited to any losses, damages or claims arising from (a) user error such as forgotten passwords, incorrectly submitted transactions or mistyped addresses, (b) server failure, (c) unauthorized access to your Account, or (d) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Services.
NEITHER SHEN YUN CREATIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, OPERATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHEN YUN CREATIONS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SHEN YUN CREATIONS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED (A) THE AMOUNT YOU HAVE PAID TO SHEN YUN CREATIONS FOR USE OF THE SERVICES OR CONTENT IN CONNECTION WITH SUCH LOSS, OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SHEN YUN CREATIONS, ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHEN YUN CREATIONS AND YOU.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
• What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
• Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same. Further, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything to the contrary herein, if this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.
• What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
• How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If your claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
• How do I start an arbitration proceeding? To begin an arbitration proceeding against us, you must first send a written notice of your claim (the “Notice of Claim”) requesting arbitration and describing (a) the nature and basis of your Claim, (b) the specific amount of damages or other relief sought, and (c) whether you reject any subsequent modification of the Dispute Resolution section by us, to [email protected] The Notice of Claim should include both your mailing and email addresses that you would like us to use to contact you. If we request arbitration against you, we will give you notice at the email address or street address you provided in connection with your Account.
• Modification of Dispute Resolution Section. If we change this Dispute Resolution section after the date you first accepted this Agreement, you may reject any such change by so stating within your Notice of Claim. By failing to reject any changes to this Dispute Resolution section in your Notice of Claim, you agree to resolve any Claim between you and Company in accordance with the terms of the Dispute Resolution section in effect as of the date of your Notice of Claim.
• INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at [email protected] You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
• Intellectual Property Actions. Notwithstanding anything to the contrary herein, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
(a) Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between Shen Yun Creations and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Shen Yun Creations and you regarding the Services and Content. If any provision of these Terms (other than is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Shen Yun Creations’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Shen Yun Creations may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Shen Yun Creations under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights
Shen Yun Creations’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shen Yun Creations. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) Questions for us?
If you have any questions about these Terms or the Services, please contact us at [email protected]