Terms of Service
This is a website advertising our desktop software, which we call Shaxpir.
Shaxpir is a desktop word-processor application where users create their own content, including original stories, characters, ideas, outlines, concept artwork, etc. The desktop application stores content on the user’s own computer, in an encrypted file format, and then periodically synchronizes each content item into a redundant storage system in the cloud.
ANY PARTICIPATION IN THE SHAXPIR WEBSITE OR SHAXPIR APPLICATION SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE THE SHAXPIR SITE OR SOFTWARE.
Please read this Agreement carefully before accessing or using the Software. By accessing or using any part of the Software, 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 Software or use any services. If these terms and conditions are considered an offer the Company, acceptance is expressly limited to these terms.
The Software is not directed to children younger than 13, and service on the Software is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Software. Any person who registers as a user or provides their personal information to the Software represents that they are 13 years of age or older.
1. Your Shaxpir.com Account
If you create content in the Software, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your content. You warrant that you are the original creator or authorized license holder of all content you add to your account within the Software, and that all content added to your account is lawful within the jurisdiction where you reside. The Company may take action to change or remove any unlawful or unauthorized content posted within your account. You must immediately notify the Company of any unauthorized uses of your account, or any other breaches of security. The company 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.
2. Responsibility of Contributors
If you add any material to your account, including text, photos, videos, audio recordings, links, or any other electronic material, or otherwise make (or allow any third party to make) material available by means of the Software (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that your content does not violate these terms.
3. Your content belongs to you
Shaxpir Inc will never publish your content, or make it available to any third party, without your prior written authorization. However, various features of the Software may enable you to share your content with others. The Company acts as a facilitator for those sharing transactions, and you agree to hold the Company blameless for your own actions while using the sharing tools embedded in the Software.
If you delete Content, the Company will use reasonable efforts to remove it from the Software, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Shaxpir Inc has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Software to any individual or entity for any reason, in our sole discretion. Shaxpir Inc will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal
The Shaxpir software and services are offered by paid Subscription on an opt-in basis. By subscribing to these services, you agree to pay the Company 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 a subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees are not refundable.
From time to time, the Company may offer discounts or coupons to certain customers, at its discretion. These offers of promotional pricing may be revoked at any time, for any reason, at the sole discretion of the Company.
Unless you notify the Company before the end of the applicable subscription period that you want to cancel a Subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Profile section of the Software.
5. Responsibility of Software Users
Shaxpir Inc has not reviewed, and cannot review, all of the material posted by its users, and cannot therefore be responsible for that material’s content, use or effects. By operating the Software, Shaxpir Inc 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 Software may contain content contributed by various authors that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Software may also contain material contributed by various authors 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. Shaxpir Inc disclaims any responsibility for any harm resulting from the use by users of the Software, or from any downloading by those visitors of content there posted.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using the Software within the designated notice period. Your continued use of the Software will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
The Company may terminate your access to all or any part of the Software at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Shaxpir account (if you have one), you may simply discontinue using the Software. 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.
8. Disclaimer of Warranties
The Software is provided “as is”. Shaxpir Inc 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 the Company nor its suppliers and licensors, makes any warranty that the Software 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 Software at your own discretion and risk.
9. Limitation of Liability
In no event will the Company, 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 the Company under this agreement during the twelve (12) month period prior to the cause of action. The Company 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.
10. General Representation and Warranty
You agree to indemnify and hold harmless Shaxpir Inc, 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 Software, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Shaxpir Inc and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Shaxpir Inc, or by the posting by Shaxpir Inc of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Software will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Shaxpir Inc 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.