Terms and Conditions
These Terms and Conditions (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and Shain Wai Yan (operating under the professional brand name "Shain Studio", "Shain Studio", "we", "us", or "our"), governing your access to and use of the website located at www.shainwaiyan.com, as well as any associated subdomains (collectively, the "Site"). The Site is a personal professional portfolio and studio website and does not provide e‑commerce, subscription services, or software‑as‑a‑service offerings. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Acceptance of Terms
By accessing or using the Site in any manner, including merely browsing the Site, you agree to be bound by these Terms, as well as any additional terms and policies referenced herein or made available on the Site, including our Privacy Policy. If you are accessing or using the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not use the Site.
Intellectual Property Rights
Unless otherwise expressly indicated in writing, the Site and all content contained on or made available through the Site are our proprietary property. This includes, without limitation, all source code, databases, functionality, software, website designs, layouts, audio, video, text, photographs, illustrations, design assets, marketing plans, business plans, case studies, project documentation, code snippets, algorithms, technical diagrams, and graphics (collectively, the "Content"), as well as all trademarks, service marks, trade names, and logos (collectively, the "Marks"). The Content and the Marks are owned or controlled by us or licensed to us and are protected by copyright, trademark, and other intellectual property and unfair‑competition laws. The Content and the Marks are provided on the Site on an "AS IS" basis for your personal, non‑commercial, and informational use only. Except as expressly permitted by these Terms or by our prior written consent, you must not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, the Content, or the Marks for any commercial or public purpose. Nothing in these Terms shall be construed as granting any license or right to use any Content or Marks, whether by implication, estoppel, or otherwise, except with our prior express written permission.
Limited License and Permitted Use
Subject to your continued compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, and non‑sublicensable license to access and use the Site solely for: (a) viewing the portfolio and informational materials for your personal, non‑commercial purposes; and (b) evaluating our professional skills and experience for the potential purpose of engaging us in lawful professional engagements. You must not: (i) use the Site or any Content for any commercial use or public display without our prior written consent; (ii) modify or create derivative works based on the Site or the Content; or (iii) remove, obscure, or alter any copyright, trademark, or other proprietary notices appearing on the Site or within the Content.
User Representations
By using the Site, you represent and warrant that: (a) you have the legal capacity and authority to agree to and comply with these Terms; (b) you are not a minor in the jurisdiction in which you reside, or you have obtained all necessary consents from a parent or legal guardian as required by applicable law; (c) you will not access the Site through automated or non‑human means, including but not limited to bots, scripts, crawlers, or scrapers, except for standard browser‑based access; (d) you will not use the Site for any unlawful or unauthorized purpose; and (e) your use of the Site will not violate any applicable law, regulation, or rights of any third party. If you provide any information to us that is untrue, inaccurate, not current, or incomplete, we reserve the right to refuse any and all current or future use of the Site (or any portion thereof).
Prohibited Activities
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to: (a) access or use the Site for any purpose other than viewing the portfolio and related information made available by us; (b) use the Site in connection with any commercial activities except those expressly authorized in writing by us; (c) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission; (d) bypass, disable, or otherwise interfere with any security‑related features of the Site, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Site; (e) engage in unauthorized framing of or linking to the Site; (f) interfere with, disrupt, or create an undue burden on the Site or the networks, servers, or services connected to the Site; (g) attempt to bypass or circumvent any measures implemented by us to prevent or restrict access to the Site or any portion thereof; (h) upload, transmit, or otherwise distribute (or attempt to upload, transmit, or distribute) any viruses, worms, Trojan horses, malicious scripts, harmful payloads, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Site; (i) copy, reverse engineer, decompile, disassemble, adapt, or modify any part of the Site’s software, including but not limited to any Next.js, React, Node.js, HTML, CSS, JavaScript, or back‑end code, except to the limited extent that applicable law expressly permits notwithstanding this restriction; or (j) use any data‑mining, robots, or similar data‑gathering or extraction methods in connection with the Site.
Portfolio Nature and Non‑Reliance
The Site functions solely as a professional portfolio and studio showcase. Any marketing plans, business strategies, financial models, coding algorithms, architectural diagrams, design proposals, industry analyses, technical notes, and case studies presented on the Site are provided for illustrative and informational purposes only, including as demonstrations of skills, methodologies, and past academic or professional work. They do not constitute, and should not be construed as, financial, investment, legal, tax, business, engineering, cybersecurity, or other professional advice. You acknowledge and agree that: (a) you must not rely on the Content as a substitute for independent professional advice tailored to your specific circumstances; (b) any implementation of ideas, concepts, or strategies inspired by or derived from the Content is undertaken solely at your own risk; and (c) we shall have no responsibility or liability for any decisions, outcomes, losses, or damages (including strategic, financial, or operational) arising from your reliance on or use of any Content. Before acting on any information or concept referenced on the Site, you should consult with appropriately qualified independent professionals.
Third‑Party Services and Links
The Site may reference or incorporate third‑party technologies, platforms, or services (such as hosting providers, content delivery networks, or analytics tools) and may contain links to third‑party websites or resources. These third‑party services and links are provided solely for convenience or technical operation of the Site. We do not endorse, control, or assume any responsibility for any third‑party content, websites, products, services, or privacy and security practices. If you access any third‑party websites or services via the Site, you do so at your own risk and subject to the terms and policies of those third parties. We are not responsible for any loss or damage that may arise from your use of such third‑party websites, resources, or services.
Site Management
We reserve the right, but not the obligation, to: (a) monitor the Site for violations of these Terms or for security, operational, or analytical purposes; (b) take appropriate legal or technical action against any person or entity who, in our sole discretion, violates these Terms or any applicable law, which may include reporting such conduct to law enforcement or regulatory authorities; (c) remove from the Site or otherwise disable any files, content, or materials that, in our sole discretion, are excessive in size, technically harmful, infringing, or otherwise burdensome to our systems; and (d) otherwise manage the Site in a manner designed to protect our rights and property and to maintain the proper, secure, and efficient functioning of the Site.
Modifications, Availability, and Interruptions
We reserve the right to modify, update, suspend, or discontinue all or any part of the Site, or any feature or Content thereon, at any time and for any reason, in our sole discretion, without prior notice. We do not undertake any obligation to update, revise, or maintain the Site or any Content, and any information on the Site may be out of date at any given time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We do not guarantee that the Site will be available at all times or that access will be uninterrupted or error‑free. The Site may be unavailable due to maintenance, technical issues, network failures, acts of third parties, or events beyond our reasonable control. You acknowledge that you use the Site at your own risk and that you are responsible for implementing sufficient procedures and safeguards to satisfy your own requirements for data backup, security, and integrity.
Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information in connection with the Site. By using the Site, you acknowledge and agree that any personal information you provide through the Site will be handled in accordance with our Privacy Policy, as it may be updated from time to time. In the event of any conflict between these Terms and the Privacy Policy with respect to data processing, the Privacy Policy shall govern such data‑processing matters.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR‑FREE; (b) THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (c) ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR DATA THAT RESULTS FROM YOUR USE OF THE SITE OR FROM DOWNLOADING OR OTHERWISE ACCESSING ANY CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD 100) OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW, WHICHEVER IS HIGHER.
Indemnification
You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your access to or use of the Site; (b) your breach or alleged breach of these Terms; (c) any breach of your representations and warranties set forth in these Terms; or (d) your violation of any applicable law or any rights of a third party, including, without limitation, any intellectual property, privacy, or proprietary rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent.
Governing Law and Dispute Resolution
These Terms and your use of the Site shall be governed by and construed in accordance with generally accepted principles of international commercial law, without giving effect to any choice‑of‑law or conflict‑of‑law rules that would result in the application of the laws of any other jurisdiction. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site (each, a "Dispute") shall, to the extent permitted by law, first be addressed through good‑faith negotiations between you and us for a period of at least thirty (30) days from the date either party provides written notice of the Dispute to the other. If the Dispute cannot be resolved through informal negotiation within such period, the Dispute may be submitted to a court or other competent dispute‑resolution body in a jurisdiction reasonably determined by us, taking into account our place of residence and primary operations. Nothing in this section shall prevent either party from seeking interim or injunctive relief in any court of competent jurisdiction to protect its rights pending resolution of the Dispute.
Changes to These Terms
We may revise or update these Terms from time to time, in our sole discretion. When we do so, we will update the "Last Updated" date at the top of these Terms. Any changes become effective upon posting the revised Terms on the Site, unless a later effective date is specified. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Site.
Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in full force and effect. Our failure at any time to require performance of any provision of these Terms or to exercise any right provided herein shall not be deemed a waiver of such provision or such right, nor shall it affect our right to require performance or to exercise any right at any later time.
Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign, transfer, or delegate any or all of our rights and obligations under these Terms to a third party at any time without prior notice or your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
Contact Information
If you have any questions about these Terms, or if you wish to provide any notices or communications regarding the Site or these Terms, you may contact us at: contact@shainwaiyan.com.