DISCLAIMER, LEGAL & TERMS OF USE

Disclaimer of Warranties.

SHALLOW NATION is published by American Dream Enterprises, LLC. Our Services are provided “as is.” SHALLOW NATION and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SHALLOW NATION nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the SHALLOW NATION Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless SHALLOW NATION, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Responsibility of Visitors.

SHALLOW NATION has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, SHALLOW NATION does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SHALLOW NATION disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

SHALLOW NATION has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SHALLOW NATION links, and that link to SHALLOW NATION. SHALLOW NATIONdoes not have any control over those websites, and is not responsible for their contents or their use. By linking to another website, SHALLOW NATION does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SHALLOW NATION disclaims any responsibility for any harm resulting from your use of such websites and webpages.

Copyright Infringement and DMCA Policy

As SHALLOW NATION asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on SHALLOW NATION violates your copyright, you are encouraged to notify SHALLOW NATION in accordance with SHALLOW NATION’s Digital Millennium Copyright Act (“DMCA”) Policy.

Takedown Policy and Procedures

Unless noted otherwise, all images appearing on SHALLOW NATION are copyright of their respective owners and are used with permission and/or licensed by their respective owners. SHALLOW NATION makes no ownership claims on copyrighted material whatsoever. The remaining images are stock photo images and public domain images as well as newsworthy images widely available on the Internet and believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)

If you are the owner(s) of copyrighted material and want it removed, please contact us at:

dmca [ at] shallownation [dot] com

Please include following information with your request and the infringing material will be removed promptly.

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the Web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.

Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org.

Intellectual Property.

This Agreement does not transfer from SHALLOW NATION to you any SHALLOW NATION or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with SHALLOW NATION or are trademarks or registered trademarks of third parties. Your use of our SHALLOW NATION grants you no right or license to reproduce or otherwise use any SHALLOW NATION or third party intellectual property or third-party trademarks.

Miscellaneous.

This Agreement constitutes the entire agreement between SHALLOW NATION and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent of SHALLOW NATION, or by the posting by SHALLOW NATION of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Michigan U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SHALLOW NATION may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Affiliate Disclosure.

SHALLOW NATION, published by American Dream Enterprises, LLC, accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.

The compensation received will never influence the content, topics or posts made in this Web site. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements.

SHALLOW NATION is not compensated to provide opinion on products, services, Web sites and various other topics. The views and opinions expressed on this Web site are purely the site owner and/or writers. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

SHALLOW NATION is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Amazon and the Amazon logo are trademarks of Amazon.com, Inc, or its affiliates.

SHALLOW NATION does not contain any content which might present a conflict of interest.

These terms of use may be revised from time to time. Please check this page periodically for updates. Your use of the SHALLOW NATION Web site on any given date indicates your acceptance to the terms of use as of that date.

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