Terms of Service
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:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your visitors into thinking that you are another person, company, team, guild or community. For example, your site’s URL or name is not the name of a person other than yourself or community other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Shivtr or otherwise.
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
Optional paid plans offering services such as extra storage, extra features, or mumble voice servers are available on the Website (any such plan, a “Premium plan”). By selecting a Premium plan you agree to pay Shivtr the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the Premium plan and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Shivtr before the end of the applicable subscription period that you want to cancel a Premium plan, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Premium plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
You are solely responsible for properly cancelling your subscription. You can cancel your subscription at any time by logging in to Shivtr.com and going to Manage Sites -> Select your site -> Billing. An email or phone request to cancel your subscription is not considered cancellation. Your cancellation will take effect at the end of your subscription period and you will not be charged again. When your subscription expires, your site will be switched over to our free, ad-supported plan.
Upgrading and Downgrading
You can upgrade or downgrade your plan level at any time by logging in to Shivtr.com and going to Manage Sites -> Select your site -> Billing. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your plan level may cause the loss of content, features or capacity of your site.
You may donate days towards a Premium Plan for a Shivtr Website you belong to using the Group Pay block. Any such donations grant you no ownership or control over the Website you contribute them to.
We want you to love everything you do at Shivtr, so we're happy to refund payments you have made within 5 days of purchase. To request a refund, please email us at firstname.lastname@example.org.
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.
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.
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.
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.
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.
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.
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.
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 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.
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. This Agreement, and any access to or use of our Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Agreement or the use of our Service. 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.
- February 21, 2016: Updates to “Miscellaneous”.
- October 17, 2015: Added info on “Group Payments”.
- February 12, 2015: Updates to “Refund Policy”.
- November 5, 2013: Terms of Service updated to be clearer, Added “Removal of Inactive Sites”.
- June 28, 2012: Updates to “Shivtr Account”, now requires less info.
- Jan 27, 2012: Updates to “Refund Policy”.
- June 24, 2011: Company renamed from “MMO Guildsites” to “Shivtr”.