TERMS AND CONDITIONS
Updated August 27, 2020
If You do not comply with this Agreement at any time, I reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In Shy Rob’s sole discretion and without prior notice or liability, I may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that I may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that I shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Shy Rob in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although Shy Rob does not constantly monitor the Website, I nevertheless expressly reserves the right to do so.
From time to time, I may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Shy Rob controls www.shyrob.com from its offices within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.
Certain portions, components, content and features of the Website are only available to individuals who register with Shy Rob and create a user account on the Website (each, a “Registered User”). If you are a Registered User then You agree to the following:
In consideration of Your use of the Website, You represent that You are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Shy Rob has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
Please choose carefully the information You post on the Website and that You provide to other users. Your public profile may not include the following items: telephone numbers, street addresses, 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 users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Shy Rob assumes no responsibility or liability for this material. You are solely responsible for Your interactions with other users of the Website.
Registered Users set a password and account designation when completing the Website registration. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Shy Rob of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You logout from Your account at the end of each session.
As a Registered User of the Website I may, from time to time, email to you publicly available information about other Registered Users of the Website, at my discretion.
As a Registered User of the Website, you agree that you are responsible for managing your personal contact information which you can access when logged into the My Account pages here: www.shyrob.com/my-account
- Pricing is in Canadian dollars, Shy Rob does not charge taxes.
- All sales are final, there are no refunds or exchanges.
- Checkout is quick when you have a PayPal account – if you don’t have a PayPal account you can pay with a credit card and will also need to enter your full address info – notice this info is not shared with Shy Rob so he does not know your street address or credit card info. Your credit card statement will show paid to OURFINGERTIPS or short version OFTIPS as they are saving us much money by managing Shy Rob’s payments for him.
- After checkout and as soon as your payment clears you will have access to your Downloads under ‘My Account’ when logged in – and you will receive an email confirmation with the order details which also has the download links.
By posting Submissions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Shy Rob and its trusted third party service providers an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),distribute, prepare derivative works of or incorporate into other works such Submissions for the purposes of facilitating the display and the display of such Submissions on the Website or the marketing or promotion of the Website, Shy Rob or other works on the Website or for other purposes including product research (the “Permitted Purposes”) and, in connection with the foregoing, You waive in favour of Shy Rob, its licensees, successors and assigns, any and all moral rights You may have in Your Submissions in connection with a Permitted Purpose. Without limiting the foregoing, You acknowledge and agree that all or any portion of Your Submissions may be used, edited, reformatted, copied, saved, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated by Shy Rob into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions, without compensation of any kind to You in connection with a Permitted Purpose. When You post Submissions to the Website, You also authorize and direct Shy Rob to make such copies thereof as I deem necessary in order to facilitate the posting and storage of the Submissions on the Website.
As between You and Shy Rob, subject to the rights, licenses and waivers granted by You to Shy Rob in this Agreement, You retain full ownership of all your Submissions and any intellectual property rights associated with Your Submissions. You agree to defend, indemnify and hold Shy Rob, his subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of Your Submissions.
COPYRIGHT AND PROPRIETARY PROPERTY
All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Shy Rob, its users or its licensors with all rights reserved. No Site Content, other than Your own Submissions that you legally post on the Website, may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Shy Rob’s prior written permission. Provided that You are eligible for use of the Website and subject to these Terms and Conditions, You are granted a limited license to access the Website and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for Your own Submissions, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Shy Rob, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Shy Rob, ShyRob, www.shyrob.com, and related words, domain names and logos are the property of Shy Rob. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on www.shyrob.com, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright Shy Rob, except as otherwise expressly provided herein. ALL RIGHTS RESERVED.
LINKS TO OTHER WEBSITES
The Website contains (or You may be sent through the Website) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Shy Rob, and I am not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Shy Rob. If You decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Shy Rob’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Website or relating to any applications You use or install from the Website.
LINKS TO Shy Rob’s WEBSITE
Users posting a link to the Website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the forgoing, Users agree not to post a link to any website that contains, and represent and warrants that any such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Shy Rob or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold Shy Rob, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.
By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to Shy Rob an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. Shy Rob MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. Shy Rob DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT Shy Rob MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE Shy Rob INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH Shy Rob HAS NO CONTROL. Shy Rob PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST Shy Rob WITH RESPECT TO SUCH THIRD PARTY SITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF Shy Rob OR ANY OF HIS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE I TAKE GREAT CARE TO ENSURE Shy Rob’s ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED I WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
Shy Rob RESERVES THE RIGHT TO LIMIT QUANTITIES.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions; or (b) the relationships which result from these Terms and Conditions (collectively, the “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Me related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Me.
In any action against Me arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
I may assign Shy Rob’s rights and obligations under this Agreement. This Agreement will inure to the benefit of Shy Rob’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
If you have any questions about these Terms, please contact me using the Quick Contact Form below.