Embedded Files
Shadow Creek Productions
Website and App Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern your use of Shadow Creek Productions-operated websites and/or mobile apps (collectively, the "Site"). The Site is made available by Shadow Creek Productions and its affiliates (collectively, "SCP" or "Shadow Creek Studio" or "Shadow Creek Records" or "Shadow Creek Music" or "SC MUSIC" or "we" or "us"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
Our Sites may include the option to purchase physical or digital goods. Purchases on SCP’s Sites are governed by SCP’s Terms and Conditions.
BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights. As between you and SCP, SCP owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of SCP or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by SCP in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. SCP will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
2. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of SCP and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by SCP that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SCP or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. SCP will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
4. SMS/Mobile Programs. When you enroll in a text message service (“Mobile Program”) offered by SCP or an artist we support, you agree to receive offers, abandoned shopping cart messages, and other information from SCP or the relevant artist via SMS and/or MMS message at the mobile number you provided during the service’s registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment.
Messages may be sent using an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Mobile Program and you will be responsible for any charges associated with such purchases. Message frequency varies. Your mobile carrier’s message and data rates may apply to any messages you send or receive through the Mobile Program, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.
As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Mobile Program or by replying to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. You can contact customer support directly by emailing shadowcreekmusic@protonmail.com using the subject line beginning with: “SMS Marketing Inquiry”.
If you choose to stop your subscription, you agree to receive a final text message from the Mobile Program to confirm your cancellation. Our information collection and use policies regarding your information are set forth in our Privacy Policy. Mobile Programs that include marketing messages, including abandoned shopping cart messages, may use any information collected about you under our Privacy Policy to link your activity to your mobile number, personalize messages, and/or link your mobile number to an abandoned shopping cart.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. Carriers supported by a Mobile Program are not liable for delayed or undelivered messages. SCP and our supported artists are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.
5. Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
6. User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although SCP may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, SCP is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
You agree to defend, indemnify and hold SCP and its directors, officers, employees, agents or content or service providers (collectively, "Protected Entities")harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. SCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SCP's defense of such claim.
7. Account and Password. You may be enabled to create an account in the Site ("Account") using a stand-alone registration or social media logins ("Login"). You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account. You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify SCP if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify SCP when you desire to cancel your Account on the Site. SCP will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8. Software Downloads. In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by SCP in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
9. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to SCP. You agree to pay all applicable taxes. If 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.
10. Third Party Websites. You may be able to link from the Site to third party websites ("Linked Sites"). For example, you may purchase products, some of which may be SCP products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
11. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" [AND] "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SCP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SCP AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SCP OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY SCP "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND SCP OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL SCP OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SCP FOR YOUR USE OF THE SITE.
13. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. SCP reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
15. Notices and Contact Information. All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to :
Universal Music Group, Inc.
2220 Colorado Ave,
Santa Monica, CA 90404
Attn: Security Compliance Analyst.
Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
If you have any questions, comments or complaints regarding the Sites, feel free to contact us here.
16. Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
17. Dispute Resolution You and SCP agree to arbitrate all disputes between you and SCP or its affiliates, except for disputes relating to the enforcement of SCP's or its affiliates intellectual property. The Terms and Conditions are solely governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and SCP relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, or in small claims court in New York, New York, U.S.A. or in your county of residence if your claims qualify. In the event of a dispute, you or SCP must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" above.
We will send any notice of dispute to you at the contact information we have for you.
You and SCP agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and SCP do not resolve the dispute in such 60 day time period, then you or SCP may commence arbitration. You and SCP agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS' Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. Information regarding these rules can be found on the JAMS website at www.jamsadr.org. In addition, you and SCP agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
1 · Introduction
The Shadow Creek Services
This website (or other service) is operated by Shadow Creek Productions, Inc. (“Shadow Creek” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by Shadow Creek Productions (the “Shadow Creek Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented. The Shadow Creek Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access (each, a “Shadow Creek Site” and collectively, the “Shadow Creek Sites”); fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Shadow Creek Site or other Shadow Creek Service. Internet access is not included in the Shadow Creek Services and separate third party fees may apply.
Age Requirements
In order to use the Shadow Creek Productions Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Shadow Creek Services and you are instructed to leave this Shadow Creek Productions Site or other Shadow Creek Service. If you are between the ages of 13 through 17 years, you may use the Shadow Creek Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Shadow Creek Services while not under the supervision and/or without the written consent of your parent or legal guardian.
Legal Agreement Between You and Shadow Creek; Visitors and Registered Users
These Terms of Service (TOS) constitute a legal agreement between the user of the Shadow Creek Services (“you”) and Shadow Creek Productions. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Shadow Creek Services. By using the Shadow Creek Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a Shadow Creek Site) or a “Registered User” (which means that you have registered as a user of the Shadow Creek Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Shadow Creek Services. You are authorized to use the Shadow Creek Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this Shadow Creek Site and discontinue use of the Shadow Creek Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Shadow Creek Services.
Modification of these Terms of Service
Shadow Creek may wish to update or change this TOS from time to time to reflect changes in the Shadow Creek Productions Services, changes in the laws affecting the Shadow Creek Services, changes in Shadow Creek’s policies, or for other reasons. When we do, Shadow Creek will endeavor to provide notice to users in one or more of the following ways: (1) Shadow Creek will update the “last updated” date at the bottom of this TOS; (2) Shadow Creek may post notice of the update on the Shadow Creek Site or other Shadow Creek Service; and/or (3) Shadow Creek may email notice of the update to the Registered Users. You understand that Shadow Creek reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the Shadow Creek Site or other Shadow Creek Service. Continued access to or use of the Shadow Creek Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Shadow Creek Services shall be subject to this TOS, as modified from time to time.
Registering on the Shadow Creek Site
You may be required to register to use the Shadow Creek Services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current.
Privacy Policy
Data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Shadow Creek’s policies regarding its use and disclosure of your personal information are set forth in the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Shadow Creek Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.
Customer Service
Our customer service office is open from 9am – 5:30pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions, please contact Shadow Creek Customer Service. We endeavor to answer all inquiries within two (2) business days, but please allow longer.
2 · Purchasing Terms: Merchandise
Pricing and Payments
All prices are in US Dollars. Advance payment in full is required. We provide several payment options, including PayPal, Monero and credit card (Visa or MasterCard, although American Express may also be accepted if so specified on the applicable Shadow Creek Site). Prices are subject to change from time to time in Shadow Creek’s sole discretion. Any currency exchange rates and fees are your responsibility and at your own risk.
Order Processing
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
Shipping
Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse or on the scheduled release date. Shipping may be slightly delayed on US holidays.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Shadow Creek is not responsible for non-receipt of orders that have been deemed delivered. Shadow Creek is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
Domestic Shipping (US). Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below). The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.
International Shipping (Outside The US). The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. In any event, we are not obligated to reship unless a trackable method of shipping was chosen. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Shadow Creek, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.
Refunds, Returns and Exchanges
There are no refunds, returns, or exchanges on Fan Club membership purchases. All sales are final except only in the case of a manufacturer’s defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
If you have received incorrectly shipped merchandise, please contact Customer Service and return the product within 30 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return.
For store orders (excluding any Fan Club merchandise), if you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below (and on your packing slip). On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee.
Shadow Creek will not accept any items for return or exchange after 30 days from receipt. (Note that for orders shipped via a non-trackable method we won't be able to determine receipt date.) Shadow Creek is not responsible for any items returned to us via a non-trackable delivery method that go missing in transit.
Please include the following in your email to Customer Service and in your return:
Your order confirmation number
Your first and last name
Your mailing address
Your phone number
What you are returning and why
How you would like us to handle your return or exchange.
We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.
Mail to:
Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.
Items That Cannot Be Returned or Exchanged:
Unfortunately the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
Fan Club membership merchandise
Underwear or bathing suits
Music or Book Pre-Orders
Any autographed, collectible items.
Any apparel item deemed by Shadow Creek to show obvious signs of use
Any physical media (CDs, DVDs, vinyl records) that has been opened (removed from its plastic wrap)
Any downloadable media
Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error on Shadow Creek's part.
Shadow Creek will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Shadow Creek (see the Undeliverable Packages section below for details). Shadow Creek will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
Backorders
If all of the items included in your order are out of stock you will be notified via Email that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).
If some but not all of the items included in your order are out of stock you will be notified via Email that your order has been placed on hold due to lack of inventory and you will be asked to advise Shadow Creek to:
Hold your entire order until the item or items that are out of stock are re-stocked; OR
Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Shadow Creek); OR
Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR
Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).
If Shadow Creek does not receive a timely response, we will cancel and refund your order in full or hold the order until all items are in stock at our discretion.
Unshipped Pre-orders
If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Shadow Creek Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
Undeliverable Packages
If for any reason your order is classified as undeliverable and returned to Shadow Creek you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Shadow Creek will not re-ship any order that is classified as undeliverable and returned to us.
State Sales Tax
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
Customer Service
Our customer service office is open from 9am – 5:30pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Shadow Creek Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.
3 · Purchasing Terms: Tickets
Terms and Conditions for Presale Tickets and VIP Packages. All sales are final (and no cancellations, returns, refunds, transfers, or changes are accepted), except for the limited circumstances specifically and expressly addressed in the applicable terms and conditions. Ticket pre-sale and on-sale dates and times are subject to change or cancellation without notice. Shadow Creek does not represent or warrant that tickets will be available for every performance, or for every user. We reserve the right to block access to, or cancel an order from, any user that we believe, in our sole and absolute discretion: (i) is or is acting in association with any ticket broker or scalper, (ii) is utilizing automated means to process or place orders, or (iii) whose order exceeds the stated limit. We reserve the right to cancel your account, without refund, for violating these policies. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. Shadow Creek makes no warranties or representations with respect to any tickets received. Seat locations are subject to change. Please consult with the applicable venue for seating information prior to purchase. If you are in a wheelchair or need handicap access, you agree to contact us promptly after making your purchase so that we may assist you in making the proper arrangements and/or exchanges (depending on the venue). All events are subject to cancellation, postponement or rescheduling without notice. Please consult with the applicable venue for any changes to the show schedule. Only in the case of show cancellation, only the face value of the ticket may be refunded; any and all premiums, convenience fees, shipping, handling, and other fees will not be refunded. Shadow Creek shall not be responsible for any loss, cost or damage of any kind or nature such postponement or cancellation may cause directly or indirectly. The conduct of the performances for which tickets are purchased is the sole responsibility of the events’ organizers and venue operators. Shadow Creek will not be responsible or liable for any injuries, losses, costs or damages of any kind or nature incurred by patrons or any other persons while attending or otherwise in connection with the performances. If your tickets are to be “held at will call”, they will be at the venue box office, will call window or similar designated location on the date of the performance. You must have your order confirmation, valid photo identification and credit card used to place the purchase in order to pick up tickets from will call. Will call name changes are typically not permitted, please consult your point of purchase if you have special requests. Shadow Creek is not responsible for any lost or stolen tickets. Other than tickets to be held at will-call and picked up at the venue on the day of the show, customers generally receive shipped tickets approximately one to two weeks prior to the applicable show date. If you do not receive your shipped ticket one week prior to the show date, please contact Customer Service at least 5 business days prior to the show date. These terms are subject to change in Shadow Creek ’s discretion.
Additional Terms and Conditions for VIP Packages. VIP Packages are non-refundable and non-transferable. All sales are final. There is no guarantee how close to the stage your seats will be. If merchandise items are included in the VIP Packages, such items will be available for pickup at the venue the day of the show unless expressly stated otherwise. Tickets included in a VIP Package are issued at the venue’s will-call window (or other designated location at the venue) prior to the show on the date of the event. All VIP tickets, programs and merchandise may vary and are subject to modification or substitution at any time without notice. “VIP Upgrade Packages” (if available) do not include a ticket to the show or a seating upgrade if you purchase a VIP Upgrade Package, you must already have a ticket to the show that you purchased separately. If any special access is granted (for example, backstage tours and receptions may be available with some VIP Packages), then you must maintain a civilized decorum, behave with courtesy and respect, and closely follow all instructions; and we reserve the right, at our discretion, to refuse admittance to anyone or remove anyone at any time from any special access area. VIP laminates and commemorative tickets (if provided) are for commemorative purposes only and do not authorize access into the venue or any special access to VIP areas, backstage areas or anywhere else. In the event that a performance is cancelled or postponed, Shadow Creek will make reasonable efforts to contact you via Email, time permitting. Shadow Creek shall not be responsible for any loss, cost or damage of any kind or nature such postponement or cancellation may cause directly or indirectly. These terms are subject to change in Shadow Creek’s discretion.
Additional Terms and Conditions for Presale Tickets (all of which require a special membership to purchase), and for those VIP Packages that also require special membership to purchase. Shadow Creek makes no guarantee that tickets will be available to every member of the qualified fan club, ticket club, subscription site, or other qualified site or service (“members”). Any available tickets will be made available to members on a first-come, first-serve basis for select performances only, and Shadow Creek does not represent or warrant that tickets will be available for every concert or event date, or for every member. There may be limits specified on the number of Presale Tickets and VIP Packages that may be purchased per membership and per show. These terms are subject to change in Shadow Creek’s discretion.
Tickets Purchased from Other Vendors. Public On-Sale Tickets are sold by third party vendors and are governed by the terms and conditions and privacy policy of the respective third party vendor, not by the terms and conditions stated here. Similarly, most Presale Tickets, VIP Packages and VIP Package Upgrades are sold by third party vendors, in which case their own terms and conditions will apply, and not the terms and conditions stated here. In such cases, please see the third party vendor’s website for the applicable terms and conditions.
Additional Terms and Conditions Regarding Your Purchase of Presale Tickets and VIP Packages from Shadow Creek:
Pricing and Payments. All prices are in US Dollars unless otherwise indicated. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable Shadow Creek Site). Prices are subject to change from time to time in Shadow Creek’s sole discretion.
Order Processing. Before purchasing Presale Tickets and/or VIP Packages, carefully review your event, your seat selection (if available), your shipping address, and all other information. All orders are processed as soon as they are received and cannot be cancelled, changed, or combined by the purchaser. However, please note that we reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right to cancel orders due to discrepancies with billing information or if an unauthorized promotion code is used. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers, ticket brokers or scalpers.
Shipping. Depending on the particular logistics of each show and other factors, Presale Tickets and/or merchandise included in your VIP Package (if any) will be made available for pick-up at the venue on the day of the show or will be shipped by the carrier chosen and in the timeframe specified during checkout. Items shipped via a track-able method will be deemed delivered when the shipping carrier provides confirmation that the item was successfully delivered to the address you submitted during the checkout procedure. Purchasers with a non-U.S. shipping address are responsible for any and all duties and taxes that may be incurred upon delivery; and if you refuse to pay duties or taxes, your package will be returned to Shadow Creek, will not be re-shipped to you, and no refund will be given.
Refunds, Returns and Exchanges. There are no refunds, returns, or exchanges. All sales are final: Shadow Creek will not issue exchanges or refunds after a Presale Ticket and/or VIP Package has been purchased or for lost, stolen, damaged, or destroyed tickets. Shadow Creek is not responsible for and will not reship or issue refunds or exchanges for any shipped Presale Tickets and/or VIP Packages that are (a) not received by the customer but are deemed delivered by the shipping carrier, or (b)not received due to failure to properly submit an accurate and complete shipping address during the checkout procedure, or (c) not received as they were classified as undeliverable by the shipping carrier and returned to Shadow Creek. You agree that you will not attempt to evade, avoid, or circumvent this policy in any manner with regard to Presale Tickets and/or VIP Packages you purchased, including, but not limited to, disputing or otherwise seeking a “chargeback” from the company whose credit card you used to make the purchase.
License; Ejection and Cancellation; No Redemption Value. Event providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the event provider’s rules. Breach of terms or rules will terminate your license to attend the event without refund.
You Are Subject to Search. You and your belongings may be searched on entry to the event. By purchasing a Presale Ticket and/or VIP Package, you are consenting to such searches and waive any related claims that may arise. If you elect not to consent to such searches at the event, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Cancelled / Postponed Events. Occasionally, events are canceled or postponed by the promoter, artist or venue. Should this occur, we may attempt to contact you to inform you of refund or exchange procedures for that event. Shadow Creek typically only offers refunds and/or exchanges based on the promoter’s, artist’s or venue’s instructions. Shadow Creek is not obligated to issue a refund except to the extent that the promoter, artist, or venue responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter’s, artist’s or venue’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter’s, artist’s or venue’s discretion.
If a refund is issued, it will be issued using the same method of payment that was used to make the purchase. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Shadow Creek will not be liable for travel or any other costs or expenses that you or anyone else incurs in connection with a cancelled or postponed event. Presale Tickets: If (1) the associated event is canceled or postponed by the promoter, artist or venue and (2) Shadow Creek issues you a refund for your ticket, Shadow Creek will issue a refund of only the face value of the ticket. Any and all premiums, convenience fees, shipping, handling, and other fees will not be refunded. VIP Packages: If (1) merchandise (if any) included in your VIP Package has shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Shadow Creek issues you a refund for the ticket(s) included in your VIP Package, Shadow Creek will issue a refund of the face value of the ticket(s) included in your VIP Package plus a percentage of the total amount paid, excluding shipping & handling; such percentage depends, in part, upon the respective values of the ticket and the merchandise included, and will be determined by Shadow Creek in its sole discretion. If (1) your VIP Package does not include merchandise or the merchandise included in your VIP Package has not shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Shadow Creek issues you a refund for the ticket(s) included in your VIP Package, Shadow Creek will issue a refund of the amount paid, including shipping & handling.
State Sales Tax. In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pretax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
Customer Service. Our customer service office is open from 9am – 5:30pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Shadow Creek Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.
4 · Gift Certificate Terms and Conditions
Policies
Gift Certificates, and their purchase and use, are subject to these Terms and Conditions for Gift Certificates, as well as this Shadow Creek Site’s Purchasing Terms for Merchandise, and this Shadow Creek Site’s general Terms Of Service. Where the terms of these Terms and Conditions for Gift Certificates directly conflict with any of the foregoing terms, these terms shall control as it pertains specifically to Gift Certificate purchase or use. As used herein, “you” and “your” refer to the Gift Certificate’s purchaser and/or recipient, as applicable.
Purchasing and Account Credit
Upon purchasing a “Gift Certificate,” the purchaser will be asked to identify the recipient and the recipient’s email address. A code will then be emailed to the recipient’s email address, as designated by the purchaser of the Gift Certificate (Please note that no physical gift certificate or gift card is created or used.) When the recipient goes to this Shadow Creek Site to redeem the Gift Certificate, the recipient submits the code, and the recipient’s account will be credited with the amount of the Gift Certificate. Gift Certificates are not available for purchase for under $10.00.
Redemption
Gift Certificates are redeemable only online and only at this Shadow Creek Site. Recipient’s purchases at this Shadow Creek Site will be deducted from the Gift Certificate balance. The balance will be applied to all charges related to the recipient’s orders until the balance is zero. Any unused balance will remain in the recipient’s Gift Certificate account. If an order exceeds the amount in the Gift Certificate account, the difference must be paid with a credit card or other permitted payment method.
Fees
There are no special fees associated with the purchasing or redeeming of Gift Certificates.
Limitations
Gift Certificates are redeemable only online and only at this Shadow Creek Site. Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates and Gift Certificate balances cannot be resold, transferred, redeemed for cash, or applied to any other account, except to the extent required by law.
Expiration; Discontinuation
Gift Certificates do not expire. However, if this Shadow Creek Site shuts down or discontinues at any time, for any reason, with or without notice, then any remaining balance in your Gift Certificate account will be forfeited, without refund. To minimize that risk, it is recommended that you do not leave any balance in your Gift Certificates account.
Risk of Loss
The risk of loss and title for Gift Certificates pass to the purchaser (or the purchase’s designated recipient, as applicable) upon our electronic transmission of the Gift Certificate code to the purchaser (or purchaser’s designated recipient, whichever is applicable). We are not responsible if a Gift Certificate, or the associated code, or any password associated with the recipient’s account, are lost, stolen, destroyed or used without your permission.
Fraud
We reserve the right to close a customer account and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make a purchase on the this Shadow Creek Site.
Disclaimer of Warranties; Remedies
THIS SHADOW CREEK SITE AND ITS OWNERS, OPERATORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Customer Service
Our customer service office is open from 9am – 5:30pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Shadow Creek Customer Service. We endeavor to answer all inquiries within two (2) business days, but please allow longer.
General Terms
These Gift Certificate terms and conditions may be changed from time to time in the discretion of the owners or operators of this Shadow Creek Site. All terms and conditions are applicable to the extent permitted by law.
5 · Purchasing Terms: Subscriptions
Pricing and Payments
All prices are in US Dollars. Prices are subject to change from time to time in Shadow Creek’s sole discretion. The subscription or membership fee represents the price of the subscription or membership and not the price of the membership welcome package or other complimentary merchandise, which (if included) is included free with the purchase of the membership or subscription. Shadow Creek will accept payment via MasterCard or Visa, and sometimes American Express only if so specified on the applicable Shadow Creek Site. In the event of a credit card chargeback, your subscription will be placed on hold and made inaccessible until resolution of the chargeback, and there will be no credit or refund for the period that your subscription is inaccessible.
Order Processing
Orders for subscription services paid by credit card are processed immediately and cannot be cancelled or changed once they have been processed. Please ensure that the shipping address you provide during the signup procedure is accurate and complete before placing your fan club membership or other subscription order. Your shipping address cannot be changed once your order has been processed.
Shipping
Any membership welcome package or complimentary merchandise that may accompany a fan club membership or other subscription will be shipped 6-8 weeks from the time of purchase where available. The typical delivery timeframe is 8-10 weeks from the time of purchase. If you have not received your delivery within ninety (90) days from the purchase date, please contact Shadow Creek Customer Service. If you have not received your delivery, you must contact us after ninety (90) days and before 120 days from the purchase date or we will not be obligated to re-ship the merchandise. Subscribers with an international shipping address are responsible for any and all duties and taxes that may be incurred upon delivery. If you refuse to pay duties or taxes, your package will be returned to Shadow Creek, will not be re-shipped, and no refund will be given.
Any membership welcome package or complimentary merchandise which accompanies a fan club membership or other subscription will be deemed delivered when the shipping company provides confirmation that the package has been successfully delivered to the shipping address you provided during the signup procedure. Shadow Creek is not responsible for non-receipt of membership welcome packages or complimentary merchandise that have been deemed delivered. Shadow Creek is also not responsible for non receipt of membership packages or complimentary merchandise if you did not properly submit your correct and complete shipping address during the signup procedure.
Refunds, Returns and Exchanges
Fan club membership sales (and all other Shadow Creek Site and Shadow Creek Service subscription sales) are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Shadow Creek Site and Shadow Creek Service subscription purchases) include only access to the fan club (or other subscription-based Shadow Creek Site or Shadow Creek Service). Any physical merchandise that may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non-receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason.
Undeliverable Packages
If for any reason any membership welcome package or complimentary merchandise associated with the purchase of a subscription service is classified as undeliverable and returned to Shadow Creek, we will not issue a refund and will not re-ship.
Ticket Sales for Concerts or other Events
Please review the “Purchasing Terms: Tickets” section of this TOS. Presale Tickets require a special membership to purchase, and certain VIP Ticket Packages may also require special membership to purchase. Shadow Creek makes no guarantee that such Presale Tickets and/or VIP Ticket Packages will be available to every member of the qualified fan club, ticket club, subscription site, or other qualified site or service (“members”). Any such available Presale Tickets and/or VIP Ticket Packages will be made available to members on a first-come, first-serve basis for select performances only, and Shadow Creek does not represent or warrant that such tickets will be available for every concert or event date, or for every member. There may be limits specified on the number of Presale Tickets and VIP Ticket Packages that may be purchased per membership.
Resellers
We reserve the right to reject or cancel an order from, or block access to, any user that we believe, in our discretion: (i) has shared or sold their ticket pre-sale access code; (ii) is acting in association with any ticket broker, reseller or scalper; (iii) has purchased more than one membership (reseller behavior); (iv) is utilizing automated means to process or place orders; or (v) whose order exceeds the stated limit. We reserve the right to cancel your account, without refund, for violating these policies.
Customer Service
Our customer service office is open from 9am – 5:30pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all inquiries within two (2) business days, but please allow longer.
6 · Community Terms and Conditions
You Are Responsible For Activities on Your Account
If you are given a password to access a fan message board, fan club forum, or news post comments within the Shadow Creek Sites (collectively, the “Community Pages”), you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Shadow Creek immediately of any unauthorized use of your account. Shadow Creek is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the Community Pages or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Shadow Creek users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Shadow Creek assumes no responsibility or liability for this material. If you become aware of misuse of the Community Pages by any person, please contact Customer Service.
Shadow Creek is a Service Provider
Shadow Creek is a service provider; we do not control various aspects of the Shadow Creek Services. By agreeing to these terms and conditions, you acknowledge that Shadow Creek is a service provider that may allow people to interact online, discuss topics and/or post content of their own choosing. Generally, Shadow Creek does not regulate the content or communications posted by or between users using the Community Pages. Shadow Creek has limited control, if any, over the type of content posted within the Community Pages.
Prohibited Uses
You agree that you will not: (i) use the Community Pages for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Community Pages in any manner that could damage, disable, overburden, or impair the Community Pages or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Shadow Creek user account, computer systems or networks associated with the Community Pages; or (iv) obtain or attempt to obtain any materials or information through the Community Pages by any means not intentionally made available or provided for.
Prohibited Content
You agree not to post, submit, upload or otherwise display prohibited content on or through the Community Pages, including, but not limited to, text, photos, illustrations, designs, software, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Your Materials”). The following is a partial list of Your Materials that are illegal or prohibited to post submit, upload or otherwise display on or through the Community Pages. Shadow Creek reserves the right to investigate and take appropriate legal action against anyone who, in Shadow Creek’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Community Pages and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Your Materials that, in the sole discretion of Shadow Creek:
Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
Harasses, bullies or advocates harassment or bullying of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
Solicits personal information from any other user;
Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without Shadow Creek’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
Posting of subscription service exclusive content, including media, news, links, etc.
Prohibited Activity
The following is a partial list of the kind of activity that is illegal or prohibited on or via the Community Pages. Shadow Creek reserves the right to investigate and take appropriate legal action against anyone who, in Shadow Creek’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products, services or data through the Community Pages;
Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
Exporting encryption software over the Internet or otherwise to points outside the United States;
Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Community Pages or the networks or services connected to the Community Pages;
Attempting to impersonate another user or person;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the Community Pages in order to harass, abuse, bully, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Community Pages, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
Using the Community Pages in a manner inconsistent with any and all applicable laws and regulations.
Spam
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Community Pages in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Shadow Creek users from such advertising or solicitation, Shadow Creek reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Shadow Creek deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Community Pages, you acknowledge that you will have caused substantial harm to Shadow Creek, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Shadow Creek $50 for each such unsolicited email or other unsolicited communication you send through the Community Pages.
User Disputes
You are solely responsible for your interactions with other users of the Community Pages. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Community Pages
The Community Pages may include emailing, chatting, instant messaging, blogging, commenting, posting, message board activity and other forms of online and/or electronic communication and other functionality or Shadow Creek Service with a social, sharing or interactive component. Your use of the Community Pages is subject to the Terms of Service.
You understand that Shadow Creek is not obligated to provide any assistance, including any technical or customer support, in connection with the use of the Community Pages, and that your use of the Community Pages is at your own risk. Any and all Community Pages are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
Shadow Creek is in no way liable for any claims arising from your use of any Community Pages. As a condition of your use, you agree to indemnify Shadow Creek for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Pages. Shadow Creek reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Pages; to limit, terminate or suspend your use of the Community Pages; and to assess charges for the use of the Community Pages in the future.
Moderator Rights and Responsibilities
Some Community Pages may involve moderators (“Moderators”). Shadow Creek may, but is not required to, use Moderators on some of the Community Pages. Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. They also reserve the right to handle all Moderator issues privately.
Please remember that Moderators are also users and are dedicating their time to preserving the integrity of the Shadow Creek Site for every user’s enjoyment. Please make sure you treat them with the respect they deserve.
All correspondence with Moderators should include your username, email address and detailed explanation of the problem encountered.
Moderators are not employees of Shadow Creek or the band, celebrity, recording artist, performing artist, public figure, brand or other client of Shadow Creek, or of any other party; they work as volunteers to help ensure the success of the online community.
Please send any complaint you have to one of the Moderators. If they are unable to rectify the situation, they will contact Shadow Creek Site management.
User Decorum and Standard of Care
This Shadow Creek Site (or other Shadow Creek Service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact a Moderator or Shadow Creek Customer Service immediately.
Duration of Disciplinary Actions
The length of a ban will be determined in the sole discretion of the Moderator and management. The level of severity and degree of disruption caused by the offense will be considered. If a banned user returns to the Community Pages with a new account, that account may also be banned. Other users posting for banned users may result in disciplinary action on the posting user. All bans shall occur without refund.
Posting
You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. Shadow Creek is not responsible for monitoring this information, and Shadow Creek is not liable for any consequences that may result from the exchange of this information.
Shadow Creek does not police copyright violations. If any user is reported to have violated copyrighted material, Shadow Creek is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization. For further information on this topic, please review the “Copyright Policy” section below.
If applicable, please ensure that your discussion thread title properly describes your post. The Moderators do not have time to read every thread and may move something based on the thread title.
If you would like to start a new discussion thread, please take the time to see if there is already a discussion thread started for that topic. Duplicate threads may be locked and the original will remain.
Please make every attempt to post in the correct forum. The Moderators may move threads not posted in the proper area.
Do not use another user’s name in your thread title unless it is a positive post.
Internet etiquette states that UPPER CASE letters are shouting. Unless it is something urgent, please use lower case letters when adding new discussions.
If you start a discussion thread and then regret your decision, within a reasonable time, you may ask to have the thread deleted. If the deletion of the thread will not adversely affect another user, the Moderator may delete the thread provided the request is not unreasonable.
Please post in English only. The Moderators may be capable of moderating only in English and may delete any posts that are in any language other than English.
Always provide the proper link when posting articles so that credit is given to the proper source.
Please refrain from spreading rumors, particularly about Shadow Creek or the band, celebrity, artist, performer or other public figure or brand that this Shadow Creek Site may be about. If you did not receive the information you are posting from a credible source, please do not post it. Moderators reserve the right to delete any posts they believe to contain false information. Please do not disparage or cast in a negative light Shadow Creek, the Shadow Creek Services, or the band, celebrity, artist, performer or other public figure or brand that this Shadow Creek Site may be about.
Submitting, Uploading and/or Posting Text, Photos, Artwork, Sound Recordings, Data, and other Materials
By submitting or posting Your Materials, you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Shadow Creek Services, in connection with any advertisements and promotions, and for any other purpose for which Shadow Creek chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Shadow Creek or the Shadow Creek Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Shadow Creek and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Shadow Creek’s use of Your Materials, including but not limited to any uses of Your Materials that generate revenue for Shadow Creek or a third party. Shadow Creek is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Shadow Creek’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the Shadow Creek Services.
Shadow Creek may delete any of Your Materials that in the sole judgment of Shadow Creek violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Shadow Creek assumes no responsibility for monitoring the Shadow Creek Services or Shadow Creek Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Shadow Creek chooses, in its sole discretion, to monitor the Shadow Creek Services or Shadow Creek Site, Shadow Creek nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Shadow Creek does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Shadow Creek prior to posting and do not necessarily reflect the opinions or policies of Shadow Creek. Shadow Creek makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.
Content Available on the Shadow Creek Services
The Shadow Creek Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Shadow Creek Services (all of these things are commonly referred to as “Content”) are owned by Shadow Creek or others. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the Shadow Creek Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. All rights not expressly granted to you in the Terms of Service are reserved by Shadow Creek (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Shadow Creek Services are owned by Shadow Creek or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Shadow Creek for which money damages would be inadequate and in such event Shadow Creek will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Shadow Creek to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to Shadow Creek by the copyright owner or the copyright owner’s legal agent.
Please note Shadow Creek is a service provider that operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).
If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have 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 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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;
A statement 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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Shadow Creek’s Designated Copyright Agent assigned to receive notifications may be contacted as follows:
Email: shadowcreekmusic@protonmail.com
PLEASE NOTE: The Copyright Agent handles DMCA notices, as described above. The Copyright Agent is not authorized to grant permission to use copyrighted material. Please do not contact the Copyright Agent for that purpose.
You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.
If you posted content on the Shadow Creek Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):
A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.
Shadow Creek’s Designated Copyright Agent assigned to receive counter-notifications is:
Email: shadowcreekmusic@protonmail.com
PLEASE NOTE: The Copyright Agent handles DMCA notices, as described above. The Copyright Agent is not authorized to grant permission to use copyrighted material. Please do not contact the Copyright Agent for that purpose.
You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.
Customer Support
Shadow Creek may provide information about how to use the Shadow Creek Services. If you have any questions about the Shadow Creek Services or any problems that you would like to report, please contact Customer Support. We endeavor to answer all inquiries within two (2) business days, but please allow longer.
7 · Additional Terms And Conditions
Technical Requirements
In order to use the Shadow Creek Services, we recommend the hardware and software specified below. Shadow Creek is not responsible for any failure to operate the Shadow Creek Services resulting from you not using the recommended hardware and software.
Computer
Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below
Web Browser Software
Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version
Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version
Apple Safari: the current version available at apple.com/safari and the immediately preceding major version
Google Chrome: the current version available at google.com/chrome and the immediately preceding major version
In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.
Cookies
JavaScript
Personal and Non Commercial Use Only
You may use the Shadow Creek Services for your own personal and non-commercial purposes only. Each Shadow Creek account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Shadow Creek account to access the Shadow Creek Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Shadow Creek Services except as expressly provided in this TOS.
Illegal and/or unauthorized use of Shadow Creek Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Shadow Creek Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Shadow Creek Site. Except as expressly authorized per a written agreement with Shadow Creek, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Shadow Creek reserves the right to remove them from user profiles or other areas of a Shadow Creek Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Shadow Creek Services.
Delay or Failure to Provide Shadow Creek Services
Shadow Creek is not responsible for any delay or failure to provide content, materials or other Shadow Creek Services where such delay or failure is due to causes outside of Shadow Creek’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Shadow Creek client or their management to make materials available to Shadow Creek in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Third-Party Sites, Services and Functionality
Shadow Creek Sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than Shadow Creek (“Incorporated Services”). The Incorporated Services are not under the control of Shadow Creek and Shadow Creek is not responsible for the contents, operation or failure to operate of any Incorporated Services. Shadow Creek is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is Shadow Creek responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by Shadow Creek or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services. You are solely responsible for any dealings with third parties (including advertisers) who support the Shadow Creek Services or are identified on Shadow Creek Sites, including the delivery of and payment for goods and services.
Your Feedback and Suggestions Submitted To Shadow Creek
Shadow Creek wants your voluntary feedback and suggestions regarding the Shadow Creek Services so that we can continually improve the Shadow Creek Services for you and other customers. When you submit feedback and suggestions, please understand that Shadow Creek needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Shadow Creek , you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Shadow Creek and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Shadow Creek’s use of the materials contained within such feedback or suggestions. Shadow Creek is under no obligation to post or use any materials you may provide and may remove such materials at any time at Shadow Creek’s sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Shadow Creek Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
Software Available on the Shadow Creek Services
All software (if any) that is made available to view and/or download from the Shadow Creek Services (“Software”) is owned by and is the copyrighted work of Shadow Creek and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Shadow Creek hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Shadow Creek Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Shadow Creek and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Shadow Creek for which money damages would be inadequate and in such event Shadow Creek will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Warranty Disclaimer
SHADOW CREEK AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SHADOW CREEK SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SHADOW CREEK AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL SHADOW CREEK, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SHADOW CREEK SERVICES, WITH THE DELAY OR INABILITY TO USE THE SHADOW CREEK SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SHADOW CREEK SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SHADOW CREEK SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SHADOW CREEK OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SHADOW CREEK SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHADOW CREEK SERVICES. In no event will Shadow Creek’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Shadow Creek Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Termination and Restriction of Access
Shadow Creek reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Shadow Creek Services or any portion thereof at any time, without prior notice. Shadow Creek may also terminate or suspend your access to the Shadow Creek Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Shadow Creek Services for an extended period of time, as determined by Shadow Creek. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Shadow Creek Services, Shadow Creek will not terminate your access to the Shadow Creek Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription. Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular Shadow Creek Site or other Service for which you purchased a subscription. If your Shadow Creek Services subscription is terminated for good cause, or if you cancel your Shadow Creek Services subscription prior to the expiration of the subscription period for any reason, Shadow Creek will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Shadow Creek account, your right to use the Shadow Creek Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Shadow Creek shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Shadow Creek Services, including but not limited to any subscription Shadow Creek Site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, Shadow Creek reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Shadow Creek Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.
Dispute Resolution: BINDING ARBITRATION
Any dispute or controversy between you and Shadow Creek (or any assignee or other successor-in-interest of Shadow Creek) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Shadow Creek Services, shall be resolved through final and binding arbitration in Oakland, California. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Shadow Creek shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.
You and Shadow Creek agree that any dispute between you and Shadow Creek shall be limited to the dispute between Shadow Creek and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Miscellaneous
This TOS is governed by the laws of the State of California, U.S.A, without regard to its rules pertaining to conflicts of laws. Shadow Creek makes no representation that materials on a Shadow Creek Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Shadow Creek Site or use Shadow Creek Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shadow Creek as a result of this TOS or use of the Shadow Creek Services. You may not assign this TOS without the prior written consent of Shadow Creek. Shadow Creek may assign this TOS, in whole or in part, at any time. Shadow Creek’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Shadow Creek’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Shadow Creek Services or information provided to or gathered by Shadow Creek with respect to such use. You agree to indemnify and hold Shadow Creek , its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Shadow Creek Services. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Shadow Creek with respect to the Shadow Creek Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Shadow Creek with respect to the Shadow Creek Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Intellectual Property Notices
Shadow Creek Sites and Shadow Creek Services, and all related technology and content: Copyright © 2014 – 2025 by Shadow Creek Productions, Inc. or its suppliers or licensors. All rights reserved.
“Shadow Creek” and “Shadow Creek Productions” are trademarks and service marks of Shadow Creek Productions, Inc. The company, product, and brand names of companies, products and services mentioned herein or on a Shadow Creek Site or Shadow Creek Service may be the trademarks and service marks of their respective owners.
Shadow Creek Productions, Inc. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Shadow Creek Services or on a Shadow Creek Site. Except as expressly provided in this TOS, the provision of the Shadow Creek Services and the display of Shadow Creek Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Consumer Notice
Shadow Creek Productions, Inc. is a PNW corporation. If you have any complaints about Shadow Creek Productions, Inc. or wish to receive further information about Shadow Creek Productions, Inc., please contact Customer Support.
Last Updated: May 21, 2026
© Copyright 2011 - 2026 Shadow Creek Productions. All rights reserved.
Page updated
Google Sites
Report abuse