By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with these terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Shattered Parallel only grants use and access of this website, its email subscription, its products, and its services to those who have accepted its terms.

 

The following terminology applies to these Terms and Conditions, Privacy Policy, and all Agreements: “Client,” “You” and “Your” refers to you, the person on this website and compliant to the Shattered Parallel’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us,” refers to our Company, Shattered Parallel. “Site” refers to shatteredparallel.com. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves. “Filter'' and “Lens” refer to augmented reality services and will be used interchangeably.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time.

 

All services must also abide by the Facebook, Instagram, Snapchat Terms of Service. Our services are only available where filters are legally permitted.

 

ShatteredParallel.com is an E-Commerce Site and offers social media filter creation for geofilters, 2D and 3D lenses, and promotional products for these services.

 

Privacy Policy

We use cookies to collect your user data. By continuing on this site, you consent to our Privacy Policy Agreement. 

 

Age Restriction

You must be 18 years of age or older before using or purchasing from this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Shattered Parallel assumes no responsibility for liabilities related to age misrepresentation.

 

Intellectual Property

Unless otherwise indicated, shatteredparallel.com is our proprietary property and all website designs, service designs, and product designs, video, text, and photographs (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on shatteredparallel.com “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of shatteredparallel.com and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.

 

Filters are the properties of Meta and Snapchat and users must comply with all intellectual property rights of their respective owners.

 

User Representations

By using this Site, you represent and warrant that: (1) you will not access this Site through automated or non-human means, whether through a bot, script, or otherwise; (2) you will not use the Site for any illegal or unauthorized purpose; and (3) your use of the Site will not violate any applicable law or regulation.

 

You may be asked to provide private information and are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.

 

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

 

We reserve all rights to terminate, edit, or remove design, product, and website content, and to cancel orders at our sole discretion.

 

Products and Services

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that products will be in stock. All products’ and services’ availability are dependent on duration of their creation and approval from either Meta or Snapchat, and we cannot guarantee approval or a date these services will be complete. Average amount of time for each service is 2-4 weeks; but note that these are averages, and we reserve the right to for these completion dates to change. 

 

Purchases and Payment

We accept payment through Stripe. 

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made with Shattered Parallel. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through Shattered Parallel. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

 

Refund Policy

All sales are final and no refund will be issued.

 

Prohibited Activities

 

You may not access or use the Site for any purpose other than that for which we make the Site available. 

 

As a user of the Site, you agree not to:

 

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users or users of third-party apps and websites, especially in any attempt to learn sensitive account information such as user purchase information.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

• Use any information obtained from the Site in order to harass, abuse or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Site, our services or products, or our mailing list in a manner inconsistent with any applicable laws or regulations.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site, our mailing list, or our services, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, our mailing list, or our services.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “psms”).

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portions of the Site, mailing list, or services to you.

• Attempt to bypass any measures of the Site, mailing list, or services, designed to prevent or restrict access to the Site, or any portion of the Site, or our mailing list or services.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Make any unauthorized use of the Site or the mailing list, including collecting email addresses, personal information ,and payment information of users by electronic or other means for the purpose of sending unsolicited emails or under false pretenses.

 

User Generated Contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us for promotional advertising, services, products, and the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, Contributions”). Contributions may be viewable by other users of the Site and through third-party sites and apps, as well as used for promotional purposes. As such, any Contributions you transmit may be treated  in accordance with the Site Privacy Policy. When you create or make available and Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, to use your Contributions in any manner contemplated by Shattered Parallel and these Terms and Conditions.

• You have the written consent, release, and/or permission of each and every identifiable individual person in you Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Shattered Parallel and these Terms and Conditions.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not pyramid schemes, chain letters, or spam.

• Your Contributions are not obscene, lewd, lascivious, overly-sexualized, nude, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law intended to protect the health or well-being of minors.

• Your Contributions do not include offensive comments, suggestions, or designs that are connected to race, national origin, gender, sexual preference, or physical or mental handicap.

• Your Contributions do not include any comments or suggestions that Shattered Parallel deems more likely to cause unhealthy comparison, and can be labeled as such at any time by the sole discretion of Shattered Parallel.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

 

Any use of this Site or the purchase of products or services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site and the services or products.

 

Contribution License

You agree that Shattered Parallel may access, store, process, post, and use any information personal data that you provide following the Terms and Conditions and the Privacy Policy.

 

By submitting suggestions or other feedback regarding Shattered Parallel, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

Service License

We do not assert any ownership over Filters. These are the properties of the social media platforms on which they are posted, and its respective owners retain full ownership of all filters and lenses and any intellectual property rights or other proprietary rights associated with the filters and lenses. We are not liable for any changes in Terms and Conditions and Privacy Policies of the owners or any sudden removal of the filter or lens from the social media platforms.

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Guidelines for Reviews

We may provide you areas on the Site or through email communication to leave reviews or ratings. When submitting a review, you must comply with the following criteria: (1) You should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; and (7) you may not post any false or misleading statements.

 

We may post, reject, or remove reviews at our sole discretion both on the Site and on our social media and any promotional content. We do not assume liability for any review for any claims, liabilities, or losses resulting from any review. By submitting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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Third-Party Websites and Content

The Site may contain or link to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, fonts, pictures, designs, music, sound, video, applications, software, and other content or items belonging to or originating from third-parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

Site Management

We reserve the right, but not the obligation to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent of technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site, services, and products.

 

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, SERVICES, AND PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU SUGGEST OR OFFER AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify any of our services and products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, services, or products.

 

We cannot guarantee the Site, services, and products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, services, and products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, services, or products. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site, services, or products in the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

Applicable Law

By visiting this Site, you agree that the laws of the State of Tennessee, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Shattered Parallel and you, or its business partners and associates.

 

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence with written notice from one Party to the other Party.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rule or applicable law, the arbitration will take place in the United States, Tennessee. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Washington County, Tennessee, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention or Contracts for the International Sale of Good and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than (1) year after cause of action arose. If this provision is found to be illegal or unenforceable, than neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the Parties agree to submit to the personal jurisdiction of the court.

 

Restrictions

The Parties agree that arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by the law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated 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.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website or any websites or apps linked to this site. Nothing the in this disclaimer will: (1) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (2) limit any of our or your liabilities in any way that is not permitted under applicable law; or (3) excluded any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising contract, in tort and for breach of statutory duty.

 

We will assume no liabilities or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bus, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Limitations of Liability

Shattered Parallel is not liable for any damage that may occur to you or a third party as a result of your or third party misuse of our website, services, or products.

 

In no event will we or our officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US State Laws and International Laws do not allow limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

Shattered Parallel reserves the right to edit, modify, and change this Agreement at any time without notice to our Site users. This Agreement is an understanding between Shattered Parallel and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

 

Indemnification

You agree to indemnify Shattered Parallel and its affiliates and hold Shattered Parallel harmless, including our subsidiaries, affiliates, and all our respective offers, agents, partners, and employees, from and against legal claims and demands that may arise from your use or misuse of our Site, services, and/or products. We reserve the right to select our own legal counsel.

 

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

shatteredparallel@gmail.com

 

These Terms and Conditions were created using a combination of Termly’s Terms and Conditions Generator, WebsitePolicies Template, and Terms and Conditions Generator.