For purposes of this Agreement, “Supported Devices” means at the applicable time of use, the then current Internet browsers, mobile phones and wireless communication devices now known or hereafter created using any telecommunication method or protocol now known or hereafter created that are and then compatible with the Shagle Platform.
Acceptance of this Agreement as Binding Contract
To the extent that Users may download a Shagle app, create a user account, or otherwise access the Shagle Platform, the User agrees and understands that such use shall capture unique identifiers and permissions via their supported devices. To the extent User is offered an opportunity during the process of downloading, registering, or otherwise accessing this platform, to denote their acceptance (" I accept and agree to be bound by these Terms of Service and incorporated policies in my use of the Shagle Platform.")
Based on its proprietary technology, software and know how (the “Shagle Technology”), Shagle has the ability to customize, operate, maintain and provide access to virtual Channels through the Shagle Platform (the “Shagle Channel Services”) to Users of the Platform provide they observe the Acceptable Use policies, Rules set forth by third party providers, and all applicable laws.
Users agree and understand that Shagle Technology shall be use for the purposes of moderation, and provision of the Shagle platform in a manner that furthers community standards and the Acceptable Use Policy. Using this Shagle technology may be used to remove Users from certain channels, or suspend their ability to access the Shagle Platform if a violation of this Agreement or Acceptable User Policy has occurred, or is likely to occur, such actions are taken at Shagle's sole discretion in the interest of providing improved user experience.
Users shall remain the owners of the Content they create or perform. Certain features and functionalities of the Platform shall remain the intellectual property of Shagle, including without limitation, proprietary text, copy, multimedia, graphics, software, data or other information as set forth on the Shagle Platform and as otherwise provided by Shagle (collectively, the “Shagle Content”).
Member's Account and Account Information:
You certify to Shagle that you are at least 18 years of age. You hereby agree to provide Shagle with true, complete and up-to-date information regarding your registration and billing information. Any user providing Shagle with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site and may be subject to civil and criminal liability. You have been notified of these Terms so if you cannot abide by them please take no further action and discontinue access or use of these Services.
Every new User chooses a password and we may ask you to choose a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
Shagle owns all screen names used on the Site.
You agree to provide Shagle with a valid email address for activation purposes and for our verification purposes. This means that Shagle can send you verification emails and also emails from the message center. By becoming a registered member of the Site, you agree to receive from the Site commercial emails about the services and products of the site and its partners. You are solely and entirely liable for all of the activities on the Site, including in any activity conducted through your account. Please note that as a member you may not permit any other person to use your account. You must keep your login information strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions, your username or your password, to any other person or entity. You must promptly inform Shagle of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password
Members who are not permitted to continue to use the Site may not access the Site or use any Services without the prior express written permission of Shagle.
Cancellation of your Member account: You may cancel your Member account on the Site, at any time, by logging into your account on shagle.com. In all cases of cancellation of your member account you will remain liable for all payments due on your member account as well as any liabilities arising from these Terms and Conditions.
Termination of your Member account: Shagle reserves the right to cause you to cease using the Site, at any time, and may delete or suspend your member account. Furthermore, in the event that the Site is terminated or suspended, all member accounts (of all kinds) will be terminated immediately without any prior notifications from Shagle. In any such case, you will remain liable for all payments due from your member account as well as any other liabilities arising under these Terms and Conditions.
Charges, Billing and Payments:
Data Security: Payment, and other functionalities of this Service are provided by third parties who are required to utilize industry standard security measures. Given the nature of this Service, of which you were informed upon entry, you must understand that the security of information or material you share is your own responsibility. Any transmission of personal information or your likeness is at your own risk. We are not responsible for circumvention of any privacy settings or security measures that have been provided in connection with the Services.
Payment Terms: Some features available on this site are free, others are paid. Pricing for premium features or access to premium areas is clearly posted. Available features, along with their description and pricing, are clearly posted. Additionally, we may sell tokens (the “Tokens”) for purchase by users of the Site which may be used to purchase certain Services or virtual products. The price of the Tokens is displayed to you upon purchase thereof. Payments are processed via Segpay.com. Subscriptions auto-renew and you are responsible for revising your payment settings. Please note that your bank may charge you an additional service fee in connection with the transaction. This fee is not charged by Shagle. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You hereby agree that Shagle may, at its own discretion, accumulate your charges.
You are (and Shagle is not) responsible for all charges associated with connecting to the Site.
Please note that in any case of a charge back occurring from your credit card with regard to the purchase of Tokens or Membership and/or Premium Services, Shagle shall be entitled to cause you to cease using the Site and to terminate your member account immediately. Further, Shagle has the right at its sole discretion to place the indebtedness in the hands of a third party for collection. Client, in addition to all other amounts due hereunder, all costs and expenses incurred in connection with the collection or enforcement of this indebtedness, including without limitation court costs, attorneys' fees (whether or not suit be brought), and attorneys' fees for bankruptcy proceedings, appeals and anticipated post-judgment collection services and Girls.Shagle may take judgment for all such amounts in addition to all other sums due hereunder. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact Shagle's customer service by clicking here.
Users shall grant to Shagle an exclusive, unlimited worldwide license to use, transmit, and perform the Content, which they create or transmit via the Platform for purpose of delivering the Services, which comprise the Shagle Platform. Such use may include the use of certain Content, including but not limited to, video, images, audio recordings or User likenesses in marketing and advertising materials, to the extent that such use has been permitted and authorized.
Your use of the Service is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Service. By contributing information in or otherwise using any communications service, or other interactive service that may be available to you on or through this Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your use of this service without prior notice to you for violating any of the above provisions. In certain circumstances you may be able to pay a reactivation fee to have your ability to use this service reinstated. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or services, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Intellectual Property Information
Neither we, or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Service will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Service believes its copyright, trademark or other property rights have been infringed by a posting on this Service, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Service without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SERVICE AT ANY TIME WITHOUT NOTICE. THE MATERIALS AT THIS SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SERVICE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Agreement to Arbitrate
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered under the UNCITRAL Arbitration Rules using the JAMS Streamlined Arbitration Procedures, or, by mutual agreement, the BVI International Arbitration Centre (BVIIAC), as modified by the IAC Procedures for the Administration of Arbitration. This contract shall be interpreted under BVI law, and the United Nations Convention on the International Sales of Goods, which will apply to all matters relating to the use of this Service.
Prohibition of Class and Representative Actions and Nonindividualized Relief
YOU AND Shagle AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Shagle AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to Shagle should be sent to the DBF Group Limited. address provided below. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Shagle are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Shagle may initiate arbitration proceedings with JAMS. A form for initiating arbitration proceedings is available on the JAMS website at https://www.jamsadr.com/jamsconnect/. In addition to filing this form with JAMS in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to DBF Group Limited. at the following address: Wickhams Cay 1 Road Town, Tortola, British Virgin Islands.
Arbitration shall be conducted online using the JAMS Streamlined Arbitration Procedures. By mutual agreement, the parties to the arbitration may elect to use BVI International Arbitration Centre (BVIIAC), as modified by the IAC Procedures for the Administration of Arbitration, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Shagle may attend by telephone, unless the arbitrator requires otherwise. In either case, a sole arbitrator shall be appointed, and proceedings shall be conducted in English.
The arbitrator will decide the substance of all claims in accordance with BVI law and the United Nations Convention on the International Sales of Goods, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Shagle user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
With the exception of any of the provisions in this Section regarding the Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Shagle prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Shagle. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on Shagle.com at least 30 days before the effective date of the amendments and by providing notice by email.
Participation in Promotions
From time to time, this Service may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Security and Password
To the extent you are offered the option to create a user account, you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
By downloading or using the software, you represent and warrant that you are not located in a jurisdiction where use of these Services are prohibited by law, regulation, or Export Controls. Although this Service may be accessible worldwide, we make no representation that materials on this Service are appropriate or available for use in the jurisdiction, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with this Service is void where prohibited.
Termination of Use
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you.
You have reviewed the Acceptable Use Policy and agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Service, nor seek to spam or otherwise, disrupt or interfere with this service.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them through the Shagle Service.