Terms of Service
Shivtr (http://www.shivtr.com) provides Shivtr and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below.
Shivtr reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.shivtr.com/terms
Violation of any of the terms below will result in the termination of your account. While Shivtr prohibits such conduct and content on the service, you understand and agree that Shivtr cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
- You must provide a valid email address to complete the signup process.
- You are responsible for maintaining the security of your account and password. Shivtr cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying subscriptions. Free plans do not require a credit card number to be provided.
- The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your service may cause the loss of content, features or capacity of your site. Shivtr does not accept any liability for such loss.
Modifications to the service and prices
- Shivtr reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
- Shivtr reserves the right to change our monthly fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Shivtr site (http://www.shivtr.com) or the service itself.
- Shivtr shall not be liable to you or any third party for any modification, price change, suspension or discontinuance
Cancellation and Termination
- You are solely responsible for properly cancelling your subscription. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by logging in to your Shivtr account and clicking on the Plans & Billing link near the top right of the page.
- Upon cancellation, your site will be downgraded to our free version when your subscription runs out.
- If you cancel the subscription before the end of your current paid up month, your cancellation will take effect at the end of your current paid up month and you will not be charged again.
- Shivtr, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Shivtr service, for any reason at any time. Such termination of the service will result in the deactivation or deletion or your account and/or your website and the forfeiture and relinquishment of all content in your account. Shivtr reserves the right to refuse service to anyone for any reason at any time.
- You shall own all Content that you contribute to the site, but hereby grant and agree to grant Shivtr a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so in order to provide the Services. You warrant, represent and agree to have the right to grant Shivtr and the Site the rights set forth above.
- Shivtr reserves the right at any time to refuse or remove any content that is available via the service.
You may contribute your Themes to the site for use by others, by doing so you hereby grant and agree to grant Shivtr an exclusive, perpetual, sublicensable irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Theme contributed by You to the Site, including the HTML code, CSS code and media assets therefor.
By using this site you agree to indemnify and hold Shivtr and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the site, your use of Shivtr Services, your violation of the Terms of Service, or your violation of any rights of another.
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only available via email.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Shivtr.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by Shivtr.
- You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Shivtr) of other Shivtr customers, we reserve the right to immediately disable your account or throttle your service until you can reduce your bandwidth consumption.
- Shivtr does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- Shivtr, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- The failure of Shivtr to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Shivtr and govern your use of the Service, super-ceding any prior agreements between you and Shivtr (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.