Shivtr

Terms of Service

The following terms and conditions govern all use of the Shivtr.com website and all content, services and products available at or through the website, (taken together, the Website). The Website is owned and operated by Shivtr. (“Shivtr”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Shivtr's Privacy Policy) and procedures that may be published from time to time on this Site by Shivtr (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Shivtr, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Shivtr Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Shivtr of any unauthorized uses of your account or any other breaches of security. Shivtr will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to the Website, you grant Shivtr a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content and/or your site.

Without limiting any of those representations or warranties, Shivtr has the right (though not the obligation) to, in Shivtr’s sole discretion (i) refuse or remove any content that, in Shivtr’s reasonable opinion, violates any Shivtr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Shivtr’s sole discretion. Shivtr will have no obligation to provide a refund of any amounts previously paid.

Payment of Fees

Removal of Inactive Sites

If you operate a site on our free plan, that has never been upgraded to a paid plan, and it has had no members login for 180 days, the site will become an “inactive site”. Inactive sites show a warning message to visitors of their inactive state and pending deletion. After 30 days the inactive site, along with all of its content, will be fully deleted. Deleted sites cannot be recovered. Sites which are currently on a paid plan, or have ever been on a paid plan, will never become an inactive site.

Responsibility of Website Visitors

Shivtr has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Shivtr 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Shivtr disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Shivtr.com links, and that link to Shivtr.com. Shivtr does not have any control over those non-Shivtr websites and webpages, and is not responsible for their contents or their use. By linking to a non-Shivtr website or webpage, Shivtr does not represent or imply that it endorses such website or webpage. 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. Shivtr disclaims any responsibility for any harm resulting from your use of non-Shivtr websites and webpages.

Copyright Infringement

As Shivtr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Shivtr.com violates your copyright, you are encouraged to notify Shivtr in accordance with Shivtr’s Copyright Policy. Shivtr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Shivtr will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Shivtr or others. In the case of such termination, Shivtr will have no obligation to provide a refund of any amounts previously paid to Shivtr.

Intellectual Property

This Agreement does not transfer from Shivtr to you any Shivtr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Shivtr. Shivtr, Shivtr.com, the Shivtr.com logo, and all other trademarks, service marks, graphics and logos used in connection with Shivtr.com, or the Website are trademarks or registered trademarks of Shivtr or Shivtr’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Shivtr or third-party trademarks.

Advertisements

Shivtr reserves the right to display advertisements on your site unless you have purchased an Ad-free Upgrade or a Premium plan for the site.

Attribution

Shivtr reserves the right to display attribution links such as ‘Hosting at Shivtr.com,’ theme author, and font attribution in your site footer or toolbar. Footer credits and the Shivtr.com toolbar may not be removed regardless of upgrades purchased.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes

Shivtr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Shivtr may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Shivtr may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Shivtr.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Shivtr 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 Shivtr nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.

Limitation of Liability

In no event will Shivtr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Shivtr under this agreement during the twelve (12) month period prior to the cause of action. Shivtr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Shivtr 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 the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Shivtr, 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 the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Shivtr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Shivtr, or by the posting by Shivtr of a revised version. 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; Shivtr 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.

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