THE SHADOWS TERMS AND CONDITIONS
As of September 1, 2022 This Agreement applies to subscribers of The Shadows (discord site), any related services purchased from https://www.pdubconsults.com, PDUB Consulting, Inc., and all services and products purchased from The Shadows administrators, assigns, and representatives.
REGISTRATION: Welcome! We encourage you to read through the following information. This notice spells out the terms and conditions to which you are expected to adhere.
1. GENERAL RULES AND DEFINITIONS
1.1 This “Subscriber Agreement” constitutes your agreement with respect to your use of “The Shadows” discord site. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement to become or remain an authorized subscriber.
1.2 You indicate agreement with the terms and conditions of this Subscriber Agreement when logging in to The Shadows subscription site.
If you do not wish to agree to these terms and conditions, do not log in. You will not be subscribed to The Shadows and will have no right to access unless you agree with the terms of this Subscriber Agreement.
The Shadows, at its discretion, reserves the right to change, modify, add or remove portions of this Subscriber Agreement at any time.
1.3 IF THIS SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY CONTACTING LAUNCHPASS. YOUR CONTINUED USE OF “THE SHADOWS” SUBSCRIPTION SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 The Shadows may change or discontinue any aspect of the site at any time. The Shadows may also restrict your access to parts or all of the site without notice or liability.
2. SUBSCRIPTION SITE CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 All materials published on The Shadows including, but not limited to news articles, forms, agreements, illustrations, audio clips and video clips (also known as “Content”) are for entertainment and informational purposes only. The Shadows, and its representatives, do not accept any liability for any loss or damage whatsoever caused in reliance upon such information or services.
The Shadows, nor its representatives or assigns are investment or financial advisors. No information provided is to be interpreted as a suggestion to buy or sell futures or other investment products.
The Shadows content is protected by copyright and other intellectual property laws, and are owned, or controlled by, the party credited as the provider of the Content.
You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through The Shadows site.
2.2 The Shadows subscription site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, you may not participate in the transfer or sale of, modification or reproduction (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or materials of The Shadows in whole or in part.
For notice of claims contact: pdubconsulting34@gmail.com.
3. FORUMS AND DISCUSSIONS
3.1 You shall not upload to, or distribute any content through The Shadows that is libelous, defamatory, obscene or otherwise violates any law or the rights of third parties. Be respectful of other individuals. Do not use abusive or hateful language.
The Shadows subscribers may express opinions and share ideas. The Shadows, its administrators and representatives, do not endorse the opinions of subscribers.
Submissions may be removed, published, or displayed by The Shadows and its representatives.
3.2 You shall not, without the express approval of The Shadows, solicit funds, advertise or solicit for goods or services, or promote websites or online services.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Shadows may contain links to other related Internet sites, resources and sponsors. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of The Shadows. Any concerns regarding external links should be directed to the external third party.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant that no materials submitted through your subscriber account:
(i) violate, plagiarize or infringe upon the rights of any third party
(ii) contain libelous or otherwise unlawful material;
(iii) constitute false or misleading indications of origin or statements of fact;
(iv) slander, libel or defame any person or entity;
(v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations or other governmental regulations;
You guarantee that you are at least 18 years old.
You hereby indemnify, defend and hold The Shadows, its affiliates and the officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees.
You shall cooperate as fully as reasonably required in the defense of any claim. The Shadows reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5.2 The Shadows does not endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through The Shadows subscription site by any subscriber, information provider or any other person or entity.
THE SHADOWS, SOFTWARE ACCESS, IF ANY, AND ANY MATERIALS PROVIDED BY THE SHADOWS OR THIRD PARTIES THROUGH THE SUBSCRIPTION SITE ARE PROVIDED “AS IS.”
THE SHADOWS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SUBSCRIPTION SITE.
THE SHADOWS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SUBSCRIPTION SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE SHADOWS OR THIRD PARTIES EVEN IF THE SHADOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 You hereby acknowledge that your use of The Shadows is at your sole risk.
6. REGISTRATION AND SECURITY
6.1 As part of the registration process, you shall provide accurate, complete registration information. Failure to do so constitutes a breach of this Subscriber Agreement.
You may not:
- use a screen name of another person with the intent to impersonate that person;
- (ii) use a name subject to the rights of any person other than yourself without authorization; or
- (iii) use a screen name that The Shadows , in its sole discretion, deems offensive.
6.2 (a) You shall notify Discord Inc. of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. (b) You shall be solely responsible for maintaining the confidentiality of your password.
6.3 You must be 18 years or older to subscribe to The Shadows.
6.4 You are responsible for all account activity. Fraudulent, abusive or illegal activity may be grounds for termination of your subscription.
6.5 Services are limited to one account per individual.
7. FEES AND PAYMENTS
7.1 The Shadows reserves the right at any time to charge fees or change the subscription price. In the event of a change The Shadows shall post notice.
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred.
SUBSCRIPTION FEES ARE NOT REFUNDABLE IN WHOLE OR IN PART, even in the event your account is terminated.
Your right to use is established by The Shadows in its sole discretion.
7.2 You understand that your subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 9, Termination).
8. SOFTWARE LICENSES
8.1 If any proprietary software and related documentation are provided to you, you shall have no rights to the provided Software. You may not sublicense, assign or transfer any licenses granted.
9. Termination
9.1 You may terminate your account at any time by sending “cancel” to the LaunchPass bot located on the server’s users list on the right panel. You may also cancel via the link found at the bottom of your email invoice received after payment.
9.2 The Shadows may, in its sole discretion, terminate or suspend your access for any reason, including, without limitation, breach by you of this Subscriber Agreement.
9.3 You acknowledge that site administrators have the right to terminate your membership without notice for inhibiting or disrupting The Shadows.
Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten subscribers, admins, representatives; post content that is offensive; or impersonate The Shadows representatives or other individuals.
10. MISCELLANEOUS
10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Arizona law. Any action to enforce or in connection with this Subscriber Agreement shall be brought in the federal or state courts located in Maricopa County.
11. CALL RECORDING
11.1 All subscribers participating in visual or audio interactions in The Shadows, or by The Shadows representatives, agree and understand that the conversation is being recorded for quality assurance purposes only.
13. EVENTS TERMS OF SERVICE AND PHOTO & VIDEO RELEASE:
I hereby grant The Shadows, and its representatives, the right and permission to copyright and/or use recordings of me, for any purpose whatsoever. I hereby release, discharge and agree to save harmless The Shadows and its representatives. I certify that I am over eighteen years of age, and competent to contract in my own name in so far as the above is concerned. I have read the release and agree. I fully understand the contents thereof.
14. ACCEPTANCE
14.1 By joining The Shadows you agree you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.
EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE OF ARIZONA.
15. REFUND POLICY
A member may express their right to cancel their membership purchase within 5 days of signing up. Requests for refund during the 5 day window must be sent via email to theshadowsdiscord@gmail.com.
A full refund will be issued to the original payment method. This 5 day period only applies where the online membership area has not been accessed by the member. Once the membership is accessed, it indicates use of service and acceptance of these terms and conditions.
No refunds will be issued once the 5 day period has passed or once the membership site has been accessed via logging in.