Last Revised: March 25, 2014
These Terms of Service ("Terms") govern your use of the Everyme website ("Site") and Everyme services, including software, application programming interfaces (APIs), and services offered by Everyme and services offered through third parties integrating Everyme functionality ("Services"). Lineup Apps LLC ("Everyme," "we," or "us") provides the Site and Services. "You" refers to you as a user of the Site or Services.
You must be at least 13 years old to use the Site or Services.
We do not knowingly collect any personally identifiable information from children under the age of 13. If you believe that a child has provided us with personally identifiable information without the consent of his or her parent or guardian, please contact us at firstname.lastname@example.org. If we become aware that a child under age 13 has provided us with personally identifiable information, we will delete it.
2. Additional Terms
Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
3. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your Everyme account. At Everyme, our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Everyme. When you use the Site or Services, you may not:
- post any content that is prohibited in Section 4.
- violate any law or regulation;
- express or imply that any statements you make are endorsed by the Company without the express prior written consent of Everyme.
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- use any robot, spider, site search/retrieval application, or other manual or automatic devise or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any URL.
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of any computers or related systems including but not limited to those of Everyme;
- “frame” or “mirror” any part of the Site without the express prior written consent of Everyme.
- Use meta tags or code or other devised containing any reference to Everyme or Origame, Inc., the Site or services contained on the site to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or Services on the Site or portion of either or solicit or cause another to do so.
- stalk, harass, or harm another individual;
- impersonate any real or fictional person or entity or perform any fraudulent activity;
- use any means to scrape or crawl any Web pages contained in the Site
- use automated methods to use the Site or Services
- attempt to circumvent any technological measure implemented by Everyme or any of Everyme’s providers or any other third party (including another user) to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
- advertise or offer to sell or buy any goods or services without prior written consent of Everyme.
- advocate, encourage, or assist any third party in doing any of the foregoing.
4. User Content
Everyme allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“User Content”). You are responsible for the User Content that you post to the Site, including its legality, suitability, reliability, and appropriateness. You retain any and all of your rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights.
User Content has not been reviewed, verified or authenticated by Everyme and may include inaccuracies or false information. Rely at your own risk on the suitability, truth, accuracy and completeness of any User Content.You can remove User Content that you posted by specifically deleting it. In certain instances, however, some User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Site. You represent and warrant that: (i) User Content you post is yours (you own or licensed it) or is in the public domain, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You own your personal data, including your contacts and other information and content you post or share using the Site or Services ("User Content").
You promise that:
- you own all rights to your User Content or you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason. Here is a partial list of prohibited User Content. You may not post content that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is illegal or promotes illegal activity;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud other Users;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”, spimming, phishing, trolling or similar activities;
- promotes information that is false or misleading;
- is defamatory;
- copies or promotes unauthorized copying of another person’s copyrighted work, such as providing pirated computer programs, music and other forms of audio and video entertainment, or links to them or methods to obtain them;
- could give rise to any civil or criminal liability for Everyme or anyone associated with Everyme.
- contains any personally identifiable information of a third party without his or her prior written consent, or in the case of a minor, his or her legal guardian’s prior written consent.
- contains restricted or password only access pages, or hidden pages or images;
- solicits personal information from anyone under the age of 18 if you are over the age of 18
- provides instructional information about illegal activities such as making or buying illegal weapons, drugs or creating computer viruses, trojan horses, worms or any other form of spy or malware,
- contains a virus, time bomb, trojan horse, worm, any other form of spy or malware or other harmful or disruptive code, component or devise;
- purports to be from Everyme;
- negatively affects other Users ability to use or enjoy Everyme including their ability to engage in realtime exchanges;
- solicits passwords or personally identifiable information for commercial or unlawful purposes from other Users or disseminates another person’s personally identifiable information without his or her permission; and
- conducts or promotes commercial activities and/or sales without the prior written consent of Everyme such as contests, sweepstakes, barter, advertising chain letters and pyramid schemes.
The User Content available through Site has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Site or any User Content on the Site, relating to the quality, suitability, truth, accuracy or completeness of any such Content. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
Other than User Content, we own or license all right, title, and interest in and to the Site and Services, including all copyrighted material, trademarks, service or other marks, brand elements, other proprietary information of Everyme, software, text, media, and other content available on the Site and Services ("Everyme Content"). The Site and Services, Everyme Content, and Marks are all protected under U.S. and international laws. You are not authorized to copy any content from the Site without prior written permission from Everyme.
6. Copyright and Intellectual Property Policy
Notice of Copyright or Intellectual Property Infringement
We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).
To be effective the notification must include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Everyme to locate the material on the Site or Services;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your permission to transfer your name, address and phone number to the person posting the Content;
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.
That written communication must include the following:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number;
- permission to transfer the above to the person or entity who requested that the material be removed;
- your physical or electronic signature;
Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as Everyme's agent for receipt of notifications of claimed infringement:
2370 Market St.
San Francisco, CA 94114
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Everyme allows operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. Everyme reserves the right to revoke these exceptions either generally or in specific cases.
9. Changes to the Site or Services
Everyme enhances and updates the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
We reserve the right not to provide the Site or Services to any person. We also reserve the right to terminate any User's right to access the Site or Services at any time, in our sole discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
11. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERYME AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, EVERYME AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF ALL CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTACT INFORMATION AND OTHER EVERYME AND USER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. EVERYME AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERYME OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERYME OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND ACCEPT THAT WHEN USING THE SITE AND SERVICES ON THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF EVERYME. ACCORDINGLY, EVERYME ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE. YOU ACCEPT AND ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY OF THE CONTENT OR USER CONTENT.
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 limitations and disclaimers may not apply to you. To the extent Everyme may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Everyme's liability will be the minimum permitted under such law.
You Agree to indemnify (and, at Everyme's option, defend) Everyme and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your Everyme account. Everyme reserves the right, at its own expense, to participate in and/or assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you agree to reasonably cooperate with Everyme in such defense.
13. Other Provisions
Under no circumstances will Everyme be held liable for any delay or failure in performance due in whole or in part to force majeur including but not limited to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms, will be interpreted to effect the intent of the severed provision to the maximum extent allowed by law and will not affect the validity or enforceability of any remaining provisions.
The failure of Everyme to enforce any right or provision of these Terms will not constitute a waiver of the breach, right or provision, or prevent Everyme from enforcing such right or provision in the future.
You agree that no joint venture, partnership, employment, agency or other business, personal or professional relationship exists between you and Everyme as a result of this agreement or your use of the Site or services contained on the Site.
We may assign our rights and obligations under these Terms, including but not limited to in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Binding Arbitration: By using the Site in any manner, you agree that the exclusive means of resolving any dispute or claim arising out of or relating to this agreement shall be binding arbitration administered by JAMS. You may not under any circumstances commence or maintain any class action, class arbitration or other representative action or proceeding. By using the Site, you are giving up your right to go to court and participate in a class action or other proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator who may grant any relief that a court can. Arbitration proceedings are usually simpler, more streamlined and less costly than judicial proceedings. Decisions by the arbitrator are binding on us and may be overturned by a court only for very limited reasons. Any proceeding to enforce this Binding Arbitration paragraph of this agreement, including any proceeding to confirm, modify, or vacate an arbitration award may be commenced in any court of competent jurisdiction. In the event. In the event that this Binding Arbitration paragraph is for any reason held to be unenforceable, any litigation is commenced for any reason against Everyme, its parent, subsidiaries, officers, directors, employees, agents, attorneys and assigns may only be commenced in the Federal District Court or Superior Court for the State of California located in San Francisco, California. This arbitration paragraph shall be governed by the Federal and California Arbitration Acts and by all other respects, by the laws of the State of California.
The following provisions survive the expiration or termination of the Agreement: User Content; Ownership; Indemnification; Severability; Disclaimer, Limitations on Our Liability and Assumption of Risk; Binding Arbitration and Entire Agreement.
Unless otherwise specified, this agreement constitutes the entire agreement between you and Everyme with respect to your use of the Site. This agreement supersedes all prior or contemporaneous communications, whether oral, written, electronic or otherwise between you and Everyme with respect to your use of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
BY USING THIS SITE AND ANY SERVICE ON THIS SITE, YOU CONSENT TO RECEIVE THIS AGREEMENT IN ELECTRONIC FORM. TO WITHDRAW THIS CONSENT, YOU MUST CEASE USING THIS SITE AND ALL SERVICES ON THIS SITE AND TERMINATE YOUR ACCOUNT.
14. Changes to these Terms
From time to time, Everyme may change these Terms in which case, Everyme will post the revised Terms on the Site as well as the date the revised terms were posted. You agree that by posting the revised terms and the date they were posted, you will have been given adequate notice of the change to this agreement and that by continuing to use the Site, you agree to the revised terms. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you agree to the revised Terms.
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Service Contact: Webmaster@Everyme.com