Terms of Service:
The following terms and conditions govern all use of the Shiftingrealms.in website and all
content, services and products available at or through the website (taken together, the
Website). The Website is owned and operated by Shifting Realms . 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,
Shifting Realms Privacy Policy) and procedures that may be published from time to time on
this Site by Shifting Realms (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 Shifting Realms acceptance is expressly limited to these terms. The
Website is available only to individuals who are at least 13 years old.
1. Your Shiftingrealms.in Account and Site. If you create a blog/site on the Website,
you are responsible for maintaining the security of your account and blog, and you
are fully responsible for all activities that occur under the account and any other
actions taken in connection with the blog. You must not describe or assign keywords
to your blog in a misleading or unlawful manner, including in a manner intended to
trade on the name or reputation of others, and Shifting Realms may change or
remove any description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause Shifting Realms liability. You must immediately notify
Shifting Realms of any unauthorized uses of your blog, your account or any other
breaches of security. Shifting Realms 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 operate a blog, comment on a blog, 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 Shifting Realms for inclusion on your Website, you grant Shifting
Realms 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
your blog. If you delete Content, Shifting Realms will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.
Without limiting any of those representations or warranties, Shifting Realms has the right
(though not the obligation) to, in Shifting Realms sole discretion (i) refuse or remove any
content that, in Shifting Realms reasonable opinion, violates any Shifting Realms 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 Shifting Realms sole discretion.
Shifting Realms will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
4. Services.
5. Responsibility of Website Visitors. Shifting Realms 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, Shifting Realms 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. Shifting Realms 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.
6.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 Shiftingrealms.in links, and that link to Shiftingrealms.in. Shifting Realms does not have any control over those non-Shifting Realms websites and webpages, and is not responsible for their contents or their use. By linking to a non-Shifting Realms website or webpage, Shifting Realms 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. Shifting Realms disclaims any responsibility for any harm resulting from your use of non-Shifting Realms websites and webpages.
7. Copyright Infringement and DMCA Policy. As Shifting Realms 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 Shiftingrealms.in violates your copyright, you are encouraged to notify Shifting Realms in accordance with Shifting Realms Digital Millennium Copyright Act (“DMCA”) Policy. Shifting Realms will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Shifting Realms 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 Shifting Realms or others. In the case of such termination, Shifting Realms will have no obligation to provide a refund of any amounts previously paid to Shifting Realms
8. Intellectual Property. This Agreement does not transfer from Shifting Realms to you any Shifting Realms or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Shifting Realms shiftingrealms.in, the shiftinglealms logo, and all other trademarks, service marks, graphics and logos used in connection with shiftingrealms.in, or the Website are trademarks or registered trademarks of Shifting Realms or Shifting Realms 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 Shifting Realms or third-party trademarks.
9. Advertisements. Shifting Realms reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
10. Attribution. Shifting Realms reserves the right to display attribution links such as ‘Blog at Shiftingrealms.in,’ theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
12. 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.
13. Changes. Shifting Realms 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. Shifting Realms 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.
14. Termination. Shifting Realms 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 Shiftingrealms.in account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Shifting Realms if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Shifting Realms notice to you thereof; provided that, Shifting Realms can terminate the Website immediately as part of a general shut down of our service. 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.
15. Disclaimer of Warranties. The Website is provided “as is”. Shifting Realms 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 Shifting Realms 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.
16. Limitation of Liability. In no event will Shifting Realms 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 Shifting Realms under this agreement during the twelve (12) month period prior to the cause of action. Shifting Realms 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.
17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Shifting Realms 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.
18. Indemnification. You agree to indemnify and hold harmless Shifting Realms 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.
19. Miscellaneous. This Agreement constitutes the entire agreement between Shifting Realms and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Shifting Realms or by the posting by Shifting Realms of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Pune, India, 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 District Court, Pune. 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 Pune, India, 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; Shifting Realms 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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