Terms of Use (EULA)

This is Shikena

TERMS AND CONDITIONS OF USE (EULA).

Shikena fosters community that enable people to connect with each other online, outdoor meetings or events offline and grow businesses.

WE HAVE NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS. WE SHALL CHECK EVERY REPORTED CONTENT. USER(S) WHO POST OBJECTIONABLE CONTENT(S) MAY BE WARNED FOR JUST ONCE OR REMOVED AND BLOCKED FROM SHIKENA WITHOUT WARNING.

THE SAME TIME, ALL USERS SHOULD KNOW THAT WE DO NOT CONDUCT ANY BACKGROUND CHECK ON ANY REGISTERED USER ON SHIKENA. INTERACT WITH USERS AND CONTENTS AT YOUR OWN DISCRETION. KINDLY SUPPORT US BY REPORTING ANY OBJECTIONABLE CONTENT IMMEDIATELY YOU SPOT ONE.

These Terms govern your use of Shikena and the other products, features, apps, services, technologies and software that we offer (the Shikena Products or Products), except, where we expressly state that separate terms (and not these) apply. These Products are provided to you by Shikena.

Meanwhile:
You should read these terms and conditions in full because they apply every time you visit Shikena and use any of its features. However, below is the summary of the top points from these terms:

- If you are under the age of 13 then unfortunately you can’t use Shikena yet.

- Shikena is free to use, however, you agree that we can show you ads while using our products. We do not sell your personal data to advertisers.

- We’re not responsible for anything that you post or say while you are on Shikena and we don’t monitor the content of the site, but if we do see or when someone alert us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.

- You are responsible for any content that you post which is not your original work in case the content Owner gets angry and reach for legal intervention. You have to take responsibility for what you post.

- Please refer to our Community Guidelines and Safety Tips for additional Dos and Don’ts, and information on staying safe.

- If you are concerned about how your data is being used by Shikena then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Shikena. By using Shikena, you agree that we can use such data in accordance with our Privacy Policy. Our website and apps also use cookies or similar technologies which we tell you more about here. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that Shikena offers.

The Legal Agreements in Full

Shikena is a social media website and app designed as a platform for meeting new people, a place to have discussions and to share photos, news and information. enable people to connect with each other online, hang out for impact or frenzy places offline and grow businesses. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Shikena in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Shikena Community Guidelines and Safety Tips (the “Terms”). When we mention Shikena, we mean https://shikena.com, together with affiliated websites and applications.

The Terms constitute a binding legal agreement between you as user (“you”) and Shikena (“we” or “us”). The Terms apply whenever you visit Shikena, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Shikena you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.

Use of the app and site and rules relating to Content
Who can use Shikena? To use Shikena you agree to:
be at least 13 years of age;
use the same name that you use in everyday life;

iii. provide accurate information about yourself;

create only one account (your own) and use your timeline for personal purposes; and
not share your password, give access to your Shikena account to others or transfer your account to anyone else (without our permission).
We try to make Shikena broadly available to everyone, but you cannot use Shikena if:
You are a convicted sex offender.
We've previously disabled your account for violations of our Terms or Policies.

iii. You are prohibited from receiving our products, services or software under applicable laws.

Your further agreements:
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Shikena you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You also warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
What kind of content can I post or upload on Shikena?
You are able to post or upload all kinds of media on Shikena, including photographs, emails, messages and other content (all as referred to as “Content”). There are some rules about what is acceptable though, so when you are using Shikena you may not post, send or upload any Content that:
breaches these Terms, our Community Standards, and other Terms and Policies that apply to your use of Shikena,
is unlawful, misleading, discriminatory or fraudulent.

iii. infringes or violates someone else's rights, including their intellectual property rights.

You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;

vii. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;

viii. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

is defamatory;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;

xii. impersonates a person, company or brand with the intent to deceive or confuse others;

xiii. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Shikena or otherwise;

xiv. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or

xvi. contains images of children, even if you are also in the photo, or endangers minors.

Furthermore;
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions.

iii. If we remove content that you have shared in violation of our Community Standards, we'll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
Please use your integrity when picking the Content that you choose to post on, upload or send via Shikena because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Shikena and we may disable your account or block you from further use of Shikena. We may remove any Content you submit to Shikena if we believe it violates the Terms or we are required to do so by applicable law.
Rules relating to personal data
About your personal data:
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. You are required to follow our Guidelines and Safety Tips when doing so.
What about other people’s personal data, can I use it?
You may only use other Shikena users’ personal data to the extent that your use of it matches Shikena’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Shikena reserves the right to terminate your account, or prevent access to its features if you misuse other users' information.
Some of my friends want to see all the people I’m chatting with. Can I tell them my password and let them log on as me?
No, you cannot! Only you are authorized to access your account with Shikena. You must not share your password with anyone or let anyone else access your account as this ruins the security of all of the Content and personal data that you have submitted to Shikena. You are responsible for keeping your password secret and secure. If you don’t, Shikena is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting contacting us and telling us of your suspicions or concerns. You must also immediately change your password. Shikena reserves the right to terminate your account if you violate our rules on keeping your password secure.
Who can see the Content that I put on Shikena?
When you upload Content to Shikena it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can set the privacy of each of your post accordingly. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Shikena without any incurring liability to you. We have no obligation to display any Content that you submit to Shikena, nor to check the accuracy or truthfulness of any Content submitted to Shikena, nor to monitor your use or the use of other users of Shikena.
Furthermore
When you use Shikena you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable license to use and to upload Content and to use Shikena solely for your personal use. Apart from this license, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
The permissions you give us.
We need certain permissions from you to provide our services:
Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Shikena and the other Shikena Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services, we need you to give us some legal permissions (known as a ‘license') to use this content. This is solely for the purposes of providing and improving our Products and services:
Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Shikena, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Shikena Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. Learn more about how to delete your account.

iii. When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

Immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
your content has been used by others in accordance with this license and they have not deleted it (in which case, this license will continue to apply until that content is deleted); or
Where immediate deletion would restrict our ability to:
investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
comply with a legal obligation, such as the preservation of evidence; or
comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

Permission to use your name, profile picture and information about your actions with ads and sponsored content:
You give us permission to use your name and profile picture and information about actions that you have taken on Shikena next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Shikena. Ads like this can be seen only by people who have your permission to see the actions that you've taken on Shikena. You can learn more about your ad settings and preferences.
Permission to update software that you use or download:
If you download or use our software, you give us permission to download and install updates to the software where available.
Limits on using our intellectual property.

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Shikena), we retain all rights to that content (but not yours). You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

Additional provisions
Updating our Terms:
We shall continue to work to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

Our big hope is that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Shikena community, you can delete your account at any time.
Account suspension or termination:
We want Shikena to be a fun place where people connect with each other online, arrange outdoor meetings or events offline and grow businesses and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.

Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us.
Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).

We cannot predict when issues may arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Shikena Products, even if we have been advised of the possibility of such damages.
Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms or the Shikena Products, and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
Other
These Terms make up the entire agreement between you and Shikena regarding your use of our Products.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

We reserve all rights not expressly granted to you.

Effective date: 09 September 2020.

The Terms were last updated on: 09 September 2020.