TERMS OF USE
WEBSITE TERMS, CONDITIONS, AND LEGAL DISCLAIMER
Effective Date: 04/28/2026
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Table of Contents
1. Agreement to Terms
2. Definitions
3. Intellectual Property Rights
4. User Representations
5. User Registration
6. Information We Collect
7. Participation Risks
8. Prohibited Activities
9. User-Generated Contributions
10. Contribution License
11. Guidelines for Reviews
12. Mobile Application License
13. Social Media
14. Third-Party Websites and Content
15. Site Management
16. Privacy Policy
17. Copyright and Content Responsibility
18. User Rights Under Colorado Privacy Act (CPA)
19. Term and Termination
20. Modifications and Interruptions
21. Governing Law
22. Corrections
23. Disclaimer
24. Limitations of Liability
25. Indemnification
26. User Data
27. Electronic Communications, Transactions, and Signatures
28. Colorado Users and Residents
29. Feedback and Communication
30. Compliance with Data Protection Laws
31. User Education
32. Acknowledgment of Terms
33. Contact Us
34. Cookies Policy
35. Security Measures
36. Dispute Resolution
37. Force Majeure
38. Content Moderation and Removal Policies
39. Notification of Changes
40. External Links Disclaimer
41. Health, Safety, and Legal Warnings
42. Integration of Documents
43. Regular Review Commitments
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1. AGREEMENT TO TERMS
These Terms and Conditions are a legally binding agreement made between you (“you”) and Shining In The Shadows Inc. (“we,” “us,” or “our”). They govern your access to and use of the Shiningintheshadows.org website and any related services (collectively, the “Site”).
By using the Site, you agree to comply with these Terms and Conditions. If you do not agree, please stop using the Site immediately. Your continued use of the Site signifies your acceptance of any changes we may make to the Terms. We may change these Terms from time to time, and we encourage you to review this document periodically.
Eligibility: Users must be at least 18 years old to utilize our website and services. If you are under 18, you must not register or use the Site.
2. DEFINITIONS
- Content: For the purposes of these Terms, "Content" includes any text, images, audio, video, or other media submitted to the Organization.
- Authorized Representative: An individual granted permission by an incarcerated person to act on their behalf in matters related to content management within the Site’s services, including the Digital Gallery, Video Archive, Music Library, Bibliography of Prison Authors, Other Initiative Features, and Exclusive Profiles.
- User: Any individual who accesses or uses the Site and its services.
3. INTELLECTUAL PROPERTY RIGHTS
All Content and trademarks on the Site are owned by us or are licensed to us.
- Usage: You may access and use the Site for personal, non-commercial purposes only. Any form of unauthorized use is prohibited.
4. USER REPRESENTATIONS
By using the Site, you agree that you will:
- Provide accurate and complete registration information.
- Keep this information updated.
- Be at least 18 years old.
- Use the Site for lawful purposes only.
5. USER REGISTRATION
If registration is required, you agree to:
- Keep your password secure and confidential.
- Be responsible for all activity on your account.
- Notify us immediately if you become aware of any unauthorized use of your account.
6. INFORMATION WE COLLECT
We collect various types of information for different purposes to provide and improve our Service to you, including but not limited to:
- Personal Data: Such as email address, first name and last name, date of birth, prison inmate number, duration of sentence, state incarcerated, ethnicity, race, gender, phone number, and mailing address.
- Usage Data: Information on how the Service is accessed and used, which may include IP address, browser type, pages visited, time and date of visit, and time spent on those pages.
- Cookies and Tracking Technologies: We use cookies to track activity on our Service and hold certain information. Cookies are files with small amounts of data, including an anonymous unique identifier.
7. PARTICIPATION RISKS
Participation in our programs or initiatives is solely at your own risk. We cannot be held responsible for any consequences that may arise from your participation.
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8. PROHIBITED ACTIVITIES
You may not:
- Use automated tools to access the Site.
- Collect user data without permission.
- Interfere with the Site's security or functionality.
- Post harmful, abusive, or illegal content
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9. USER-GENERATED CONTRIBUTIONS
You may contribute Content (e.g., comments, posts) to the Site. By doing so, you represent that:
- Your contributions do not infringe on third-party rights.
- You have all necessary rights to the Content you submit.
- Your Content is honest and not misleading.
- Responsibility: The Organization reserves the right to moderate contributions and may remove Content that violates these Terms.
10. CONTRIBUTION LICENSE
By posting contributions, you grant us a perpetual, worldwide license to:
- Use, reproduce, publish, and distribute your Content.
- You will retain ownership of your Content but may waive certain moral rights related to its use.
11. GUIDELINES FOR REVIEWS
When posting reviews, ensure that:
- You provide genuine firsthand experiences.
- Your review avoids harmful language, profanity, or illegal content.
12. MOBILE APPLICATION LICENSE
If you use our mobile app, you are granted a limited, non-exclusive license to:
- Use the app in accordance with these Terms.
- You must not reverse engineer, distribute, or misuse the application.
13. SOCIAL MEDIA
If you link your account with third-party providers, you confirm that you are authorized to share your account information with us.
14. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to external websites. We do not endorse or have control over their Content, practices, or policies. You access third-party websites at your own risk.
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15. SITE MANAGEMENT
We reserve the right to:
- Monitor the Site for violations of these Terms.
- Take appropriate action against violators.
- Remove any Content that is inappropriate or burdensome.
16. PRIVACY POLICY
Your privacy is important to us. Please read our Privacy Policy, which explains how we collect, use, and protect your personal information. This Privacy Policy should be read in conjunction with our Disclaimer.
17. COPYRIGHT AND CONTENT RESPONSIBILITY
- Liability and Indemnification: The Organization is not liable for any copyright claims related to user-generated Content. Users are responsible for ensuring that any Content they submit complies with applicable laws and does not infringe on third-party rights. By submitting material, users agree to indemnify and hold the Organization harmless against any claims, losses, or expenses related to copyright infringement claims arising from their submissions.
- Submission Requirements: Users must indicate whether their Content is copyrighted upon submission. Users must clarify whether the submitted Content is original work or includes third-party material for which they have secured necessary permissions.
- Attribution: Users submitting Content that incorporates third-party material may be required to provide proper attribution, including credits or citations, as per copyright law or applicable licensing agreements.
- Fair Use and Legal Compliance: Users should evaluate their Content under the "Fair Use" doctrine, which allows limited use of copyrighted material for criticism, commentary, or research. If uncertain, users should seek independent legal guidance.
18. USER RIGHTS UNDER COLORADO PRIVACY ACT (CPA)
As a Colorado resident, you have the following rights regarding your personal data:
- Right to Access: You can request access to your personal data.
- Right to Correct: You can request corrections to any inaccurate personal data.
- Right to Delete: You can request the deletion of your personal data.
- Right to Obtain a Copy: You have the right to receive a copy of your personal data in a portable format, such as CSV.
- Right to Opt-Out: You can opt-out of the sale or processing of your personal data for certain purposes, including targeted advertising.
To exercise these rights, please contact us. We aim to respond to all requests within 45 days.
19. TERM AND TERMINATION
These Terms remain in effect while you use the Site. We reserve the right to deny access to any user for any reason, including violations of these Terms.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change the Site at any time without notice. We are not liable for any interruptions or loss of access during such modifications.
21. GOVERNING LAW
These Terms and your use of the Site are governed by the laws of the State of Colorado. The Organization reserves the right to review and remove any Content submitted for violations of our policies or legal standards.
22. CORRECTIONS
We reserve the right to correct any errors on the Site at any time without prior notice.
23. DISCLAIMER
THE SITE IS PROVIDED "AS-IS." WHILE WE STRIVE TO KEEP THE INFORMATION CURRENT AND ACCURATE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF THE SITE OR THE INFORMATION IT CONTAINS. THE ORGANIZATION SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ITS OFFERINGS, INCLUDING INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL SHINING IN THE SHADOWS INC. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SITE.
25. INDEMNIFICATION
You agree to indemnify and hold Shining In The Shadows Inc. harmless from all claims related to your use of the Site and submissions, including any costs and legal fees incurred.
26. USER DATA
You are responsible for all user data you submit. We are not liable for any loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receive electronic communications regarding your use of the Site.
28. COLORADO USERS AND RESIDENTS
If you are a resident of Colorado and have a complaint that is not satisfactorily resolved, you may contact the Colorado Attorney General’s office for assistance.
- Contact Information:
- Website: Colorado Attorney General https://coag.gov
- Phone: (720) 508-6000
29. FEEDBACK AND COMMUNICATION
We welcome feedback and suggestions regarding our services. Your input helps us improve our offerings.
To provide feedback or inquire about your rights, please contact us at:
- Email: Shiningintheshadowsinc@Gmail.com
- Mail:
Shining In The Shadows
P.O. Box 1657
Aurora, CO 80040
We appreciate your input and aim to respond to all communications in a timely manner. Your feedback may be utilized to enhance our services.
30. COMPLIANCE WITH DATA PROTECTION LAWS
Shining In The Shadows Inc. is committed to complying with all applicable data protection laws, including the Colorado Privacy Act (CPA), regarding the collection, use, and storage of user data. This ensures that users' personal information is handled with care and in accordance with state regulations.
31. USER EDUCATION
This document outlines the terms that govern your use of our Site and services. It is important for you to understand your rights, responsibilities, and how we handle your personal data.
- User Rights: As a Colorado resident, you have specific rights regarding your personal data, including access, correction, and deletion.
- Feedback: We encourage you to provide feedback or questions about our services. Your input is invaluable for our continuous improvement.
- Liability Limitations: Please understand the limitations placed on our liability and your responsibilities when using our Site and services.
By engaging with our services, you confirm that you understand these Terms.
32. ACKNOWLEDGMENT OF TERMS
By using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them. We reserve the right to update or modify this agreement at any time. Significant changes will be communicated via our website and, when appropriate, via email.
33. CONTACT US
To resolve a complaint or for further information, please contact us:
Shining In The Shadows Inc.
P.O. Box 1657
Aurora, CO 80040
(720) 620-9548
Shiningintheshadowsinc@Gmail.com
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34. COOKIES POLICY
Our Site may use cookies to enhance user experience. You consent to our use of cookies in accordance with our Cookies Policy, which is available on the Site.
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35. SECURITY MEASURES
We take the security of your data seriously. We use commercially acceptable measures, including encryption, access controls, and regular security assessments, to protect your personal data from unauthorized access, use, or disclosure.
36. DISPUTE RESOLUTION
Any disputes arising from these Terms or your use of the Site will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Mediation may also be pursued prior to arbitration, with arbitration taking place in Colorado.
37. FORCE MAJEURE
We are not liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, such as natural disasters, war, pandemics, or government actions. We will endeavor to notify users in the event of a force majeure occurrence.
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38. CONTENT MODERATION AND REMOVAL POLICIES
We reserve the right to review and moderate user-generated content. Content that violates our guidelines may be removed at our discretion. We will notify users of such removals when appropriate.
- Request for Removal: Users can request the removal of their own contributions, and we will evaluate these requests according to our policies, as detailed in our Privacy Policy.
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39. NOTIFICATION OF CHANGES
We may modify these Terms and Conditions from time to time. Users will be notified of significant changes through a notice on our website or via email. Continuing to use the Site after changes indicates acceptance of the new Terms.
40. EXTERNAL LINKS DISCLAIMER
The Site may contain links to third-party websites. We do not endorse or have control over their content. We are not responsible for your interactions with those websites.
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41. HEALTH, SAFETY, AND LEGAL WARNINGS
If any information on the Site relates to health or safety, please note that it is not a substitute for professional advice. Always seek the advice of your healthcare provider with any questions you may have regarding a medical condition or treatment.
Additionally, the information provided on this Site does not constitute legal advice. Users are encouraged to seek guidance from licensed legal professionals for any legal matters or questions regarding the information provided.
While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the completeness or reliability of the information available on the Site. Users should consult with qualified professionals to address any specific health, safety, or legal issues they may encounter.
Disclaimer of Liability: The Organization is not liable for any damages or losses that may arise from reliance on the information provided on this Site. Users acknowledge and agree that they use the information at their own risk.
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42. INTEGRATION OF DOCUMENTS
These Terms and Conditions should be read in conjunction with our Privacy Policy and Disclaimer, which govern your use of the Site. By using our services, you acknowledge that you have also reviewed and accepted the provisions of these documents.
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43. REGULAR REVIEW COMMITMENTS
We are committed to reviewing and updating these Terms annually to ensure they remain compliant with applicable laws and reflect our current practices. We will notify users of any significant changes to the Terms.
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WEBSITE TERMS, CONDITIONS, AND LEGAL DISCLAIMER -Revised: 04/28/2026