Terms of Service

1. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent that you meet this requirement and have the capacity to enter into these Terms.

2. Account Creation

2.1 Artist Portal Accounts

Certain features of our Services are available only through artist portal accounts. Artist portal accounts are created and administered by Shannon for represented artists and are subject to the terms of any applicable artist representation agreement. By using an artist portal account, you agree to:

• Provide accurate, current, and complete information and promptly update such information as necessary;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account; and
• Notify us immediately of any unauthorized use of your account or any other suspected security breach.

2.2 Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Suspension and Termination

We reserve the right to suspend, restrict, or terminate access to any account for violations of these Terms, violations of any applicable artist representation agreement, suspected fraudulent or unlawful activity, security concerns, or other legitimate business reasons. Where appropriate, we will provide reasonable notice before suspending or terminating an account.

3. Consent to Contact

3.1 Use of Services

By using our Services, you consent to receiving electronic communications from us. These communications may include notices about your account, transaction confirmations, promotional offers, and other information concerning or related to the Services.

3.2 Email Communications

By providing your email address, you consent to receive emails at the address provided from Shannon. To unsubscribe, click the “Unsubscribe” link in the email.

4. Intellectual Property

4.1 Shannon and Represented Artists Intellectual Property

All content, features, and functionality of our Services, including but not limited to artwork, illustrations, photographs, animations, videos, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by Shannon, its licensors, or our represented artists and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited Personal Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes, provided you do not remove any copyright, trademark, or other proprietary notices. This license does not include any resale or commercial use of our Services or its contents; any collection and use of any artwork, descriptions, or prices; any derivative use of our Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

4.3 Restrictions

You may not:

• Modify, reproduce, duplicate, copy, sell, resell, create derivative works from, or exploit any portion of our Services without our express written permission.
• Use our Services for any illegal or unauthorized purpose.
• Interfere with or disrupt our Services or servers or networks connected to our Services.
• Impersonate or attempt to impersonate Shannon, an artist, an employee, another user, or any other person or entity.

4.4 AI and Data Mining

The artwork, images, text, and other content available on the website are protected by copyright and other intellectual property laws. Except as expressly authorized in writing by Shannon and any applicable rights holders, such content may not be used to train, develop, test, fine-tune, or improve artificial intelligence systems, machine learning models, generative AI technologies, datasets, or similar technologies. This prohibition applies to all methods of access, including crawling, scraping, harvesting, automated collection, or API access, and applies to both commercial and non-commercial uses.

4.5 Portfolio Submissions

Submitting artwork for representation consideration does not transfer any ownership rights to Shannon Associates. We will only use submitted portfolios for the purpose of evaluating potential representation. For represented artists: the terms of content usage are governed by your separate artist representation agreement with Shannon Associates.

5. DMCA and Copyright Complaints

We respect the intellectual property rights of others. If you believe content on the website infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to info@shannonassociates.com that includes:

• the physical or electronic signature of the copyright owner or authorized agent;
• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material, with enough detail for us to locate it on the website;
• your name, address, telephone number, and email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner.

6. Representations and Warranties

6.1 User's Representations and Warranties

You represent and warrant that any information you provide to us is true, accurate, current, and complete and your use of our Services does not violate any applicable law, regulation, or third-party right.

6.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHANNON DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHANNON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTED ARTISTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. External Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Shannon. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8. Force Majeure

Shannon will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, pandemic, epidemic, war, terrorist activities, riots, civil commotions, governmental actions, labor disputes, or the failure of telecommunications or power services (“Force Majeure Event”).

9. Assignment

Shannon may assign or otherwise transfer any or all of its rights or obligations hereunder to any affiliate or successor to all or substantially all of its business or assets without your consent. You may not assign or otherwise transfer any of your rights or obligations hereunder without the prior written consent of Shannon, and any attempted assignment or transfer in violation of this provision shall be null and void.

10. Partial Invalidity

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any choice or conflict of law provision or rule.

12. Binding Arbitration

12.1 Binding Arbitration

YOU AND SHANNON AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

Arbitration must be conducted by American Arbitration Association (AAA) under its Consumer Arbitration Rules, or Commercial Arbitration Rules as applicable. The arbitration shall be conducted in Osceola, Florida unless you and Shannon agree otherwise. The arbitrator shall have exclusive authority to resolve all disputes, including the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable.

The arbitrator's award shall be final and binding on all parties. The arbitrator shall issue a written award that sets forth the essential findings and conclusions on which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.2 Costs of Arbitration

Filing, administration, and arbitrator fees will follow the AAA's rules. If the arbitrator finds your claim frivolous, you must reimburse us for any fees we paid on your behalf.

12.3 Confidentiality

Arbitration proceedings and awards are strictly confidential, except as required by law, court order, or to confirm, vacate, or enforce an award. Limited disclosure is permitted to attorneys, tax advisors, senior management, or immediate family members.

12.4 Severability

If any part of this Agreement to Arbitrate (other than the Class Action Waiver) is found invalid or unenforceable, the rest remains in effect. If the Class Action Waiver is found invalid, this entire Agreement to Arbitrate is void, but the rest of the Terms remain enforceable.

12.5 Class Action Waiver

YOU AND SHANNON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND SHANNON AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes shall be decided by a court.

12.6 Small Claims Option

Notwithstanding the foregoing, either you or Shannon may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.

13. Indemnification

You agree to indemnify, defend, and hold harmless Shannon, its affiliates, partners, licensors, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the website or services, violation of these Terms or applicable law, submission of content, or negligence, misconduct, or fraud. Shannon may, at its expense, assume exclusive control of any matter subject to indemnification, and you shall cooperate fully; no settlement may be made without Shannon's prior written consent. This provision shall survive termination of these Terms.

14. No Waivers

No failure or delay by Shannon in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

15. Notices

We may provide notices to you by email to the email address associated with your account, by regular mail, or by posting notices on our website. Notices sent by email will be effective when we send the email, notices sent by regular mail will be effective three (3) days after we send them, and notices posted on our website will be effective upon posting.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Shannon concerning your use of our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Shannon regarding the Services.

17. Contact

If you have any questions about these Terms, please contact us at: