Shayspeare provides services through www.shayspeare.com (“This Site”), subject to the following terms and conditions (“Terms”).
By continuing using The Site, you signify your agreement to the Terms below. If you are under 18, be sure to obtain your parent or guardian’s permission to use The Site. We encourage parents to get involved with their children’s online usage and to be aware of the activities in which they are participating.
We reserve the right to modify these Terms without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Modifications Of Services
This Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that This Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
No Advice Or Solicitation
This Site and its services are provided for convenience and informational purposes only. They should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any product or service. You should apply your own judgment in making use of any services or content provided on or through This Site, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research and decisions regarding the purchase of any product or service. This Site does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service.
Errors Or Inaccuracies
This Site employs reasonable efforts to provide current and accurate information on the Website but the Website will from time to time contain errors or inaccuracies. This Site makes no representation or warranty whatsoever regarding the accuracy of the information accessible in or through the Website, in particular any information regarding rebates, discounts, deals or other promotions for any product or service. This Site cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described in or through the Website at any time. Further, This Site reserves the right to change the content available in and through the Website at any time without notice and without incurring any liability to you or any other person.
Dealing With Advertises
Your correspondence or business dealings with, or participation in promotions of, advertisers found in or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that This Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in the Services
Opinions
If you participate in any chat area or any other message or communication facilities or functions enabled to you on This Site, you must not:
- defame, abuse, harass, threaten or otherwise interfere with or harm the privacy or any rights of any other person, including, but not limited to their intellectual property rights;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests or chain letters; or
- upload any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user.
You acknowledge and agree that all opinions can only be used for non-commercial purposes. Further, you acknowledge and agree that all communications submitted by users may not be monitored, screened, or approved by This Site. However, we reserve the right, but not the obligation, to monitor such content and to remove or to refuse to post any material which This Site, in sole discretion, determines to be in violation of these Terms or otherwise objectionable. You shall remain solely responsible for the content of your communications.
By submitting any material or content to This Site, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) This Site a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such materials and content submitted.
Third-Party Links
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because This Site has no control over such sites and resources, you acknowledge and agree that This Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials in or available from such sites or resources. You further acknowledge and agree that This Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
No Resale Of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services.
Indeminity
You agree to indemnify and hold This Site, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, your connection to the services, your violation of the TOS, or your violation of any rights of another.
Disclaimer Of Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. This Site expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- This Site makes no warranty that
- the service will meet your requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
- any errors in the software will be corrected.
- No advice or information, whether oral or written, obtained by you from This Site or through or from the Service shall create any warranty not expressly stated in the TOS.
Limitation OF Liability
You expressly understand and agree that This Site shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if This Site has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above sections of limitations may not apply to you.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
General Information
Entire Agreement: This TOS constitutes the entire agreement between you and This Site and governs your use of the services, superseding any prior agreements between you and This Site with respect to the services.
Choice of Law: This Site controls and operates its website from Vancouver, British Columbia, Canada. The TOS and the relationship between you and This Site shall be governed by the laws of the Province of British Columbia and applicable federal laws of Canada without regard to its conflict of law provisions. You and This Site agree to submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia in the City of Vancouver.
Waiver and Severability of Terms. The failure of This Site to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Last Updated in 2021