EverPlaylist.blogspot.com: Terms of Service

Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. EverPlayList ("we," or "us") offers an online video, image and text sharing platform and community through its website located at EverPlayList.blogspot.com (the "EverPlayList Site"). By registering as a member or by using the EverPlayList Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and EverPlayList. If you do not wish to be bound by this Agreement, do not use the EverPlayList Service. 1. Who May Use the EverPlayList Service AGE REQUIREMENT: You must be at least 13 years old to use the EverPlayList Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the EverPlayList Service. Please have him or her read this Agreement with you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the EverPlayList Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the EverPlayList Service. If your child is using the EverPlayList Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the EverPlayList Service is appropriate for your child, please contact us. WARNING: Even if you are old enough to use the EverPlayList Service and/or have your parent's or guardian's permission, some of the content available within the EverPlayList Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content. 2. License to Use the EverPlayList Service LICENSE: EverPlayList grants you a limited, non-exclusive license to access and use the EverPlayList Service for your own personal, non-commercial purposes. This includes the right to view content available on the EverPlayList Service. This license is personal to you and may not be assigned or sublicensed to anyone else. COMMERCIAL USE: You may not use the EverPlayList Service for commercial purposes. RESTRICTIONS: Except as expressly permitted by EverPlayList in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the EverPlayList Service. Nor will you take any measures to interfere with or damage the EverPlayList Service. All rights not expressly granted by EverPlayList are reserved. 3. Privacy Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about: What information we may collect about you; What we use that information for; and With whom we share that information. 4. Membership REGISTRATION: To fully use the EverPlayList Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to EverPlayList and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the EverPlayList Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. 5. Term and Termination; Account Deletion TERM: This Agreement begins on the date you first use the EverPlayList Service and continues as long as you have an account with us. ACCOUNT DELETION: Basic accounts may be deleted from the EverPlayList Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. TERMINATION FOR BREACH: EverPlayList may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if EverPlayList determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage EverPlayList's reputation and goodwill. If EverPlayList deletes your account for the foregoing reasons, you may not re-register for the EverPlayList Service. EverPlayList may block your email address and Internet protocol address to prevent further registration. EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by EverPlayList will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. EverPlayList shall not be responsible for the loss of such content. 6. Content Restrictions You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that: Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; Exploits minors; Depicts unlawful acts or extreme violence; Depicts animal cruelty or extreme violence towards animals; Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or Violates any law. 7. Code of Conduct In using the EverPlayList Service, you must behave in a civil and respectful manner at all times. Further, you will not: Act in a deceptive manner by, among other things, impersonating any person; Harass or stalk any other person; Harm or exploit minors; Distribute "spam"; Collect information about others; or Advertise or solicit others to purchase any product or service within the EverPlayList Site (unless you are an official EverPlayList partner or advertiser and have a written agreement with EverPlayList). EverPlayList has the right, but not the obligation, to monitor all conduct on and content submitted to the EverPlayList Service. 8. Licenses Granted by You As between you and EverPlayList, you own all content that you submit to the EverPlayList Service. You grant EverPlayList and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the EverPlayList Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to EverPlayList on improving or adding new features to the EverPlayList Service, EverPlayList shall have the right to use your suggestions without any compensation to you. 9. Your Representations and Warranties For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to EverPlayList and grant the licenses set forth above; (ii) EverPlayList will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. 10. Indemnification You will indemnify, defend, and hold harmless EverPlayList and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the EverPlayList Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to EverPlayList violates any law or infringes any third party right, including any intellectual property or privacy right. 11. Third Party Copyrights and Other Rights EverPlayList respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. 12. Disclaimers EverPlayList reserves the right to modify the EverPlayList Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the EverPlayList Service. EverPlayList has no obligation to screen or monitor any content and does not guarantee that any content available on the EverPlayList Service complies with this Agreement or is suitable for all users. EverPlayList provides the EverPlayList Service on an "as is" and "as available" basis. You therefore use the EverPlayList Service at your own risk. EverPlayList expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, EverPlayList makes no representations or warranties: That the EverPlayList Service will be permitted in your jurisdiction; That the EverPlayList Service will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That any content you submit will be made available on the EverPlayList Service or will be stored by EverPlayList ; That the EverPlayList Service will meet your business or professional needs; That EverPlayList will continue to support any particular feature of the EverPlayList Service; or Concerning sites and resources outside of the EverPlayList Service, even if linked to from the EverPlayList Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the EverPlayList Service, and no warranties shall apply after such period. 13. Limitation of Liability To the fullest extent permitted by law: EverPlayList shall not be liable 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. 14. Compliance Notice Pursuant to 18 U.S.C. § 2257 All pictures, graphics, videos, and other visual media displayed on the EverPlayList Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. EverPlayList is not the primary producer of the visual content contained in the EverPlayList Service. 15. General Provisions GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. DISPUTES: Any action arising out of or relating to this Agreement or your use of the EverPlayList Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, EverPlayList and you irrevocably waive any right to a trial by jury. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by EverPlayList in exercising any right hereunder will waive any further exercise of that right. EverPlayList 's rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without EverPlayList 's prior written consent. No third party shall have any rights hereunder. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from EverPlayList electronically. EverPlayList may provide all such communications by email or by posting them on the EverPlayList Service. For support-related inquiries, you may contact us. MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by EverPlayList on the EverPlayList Site or a written amendment signed by an authorized representative of EverPlayList. A revised Terms of Service will be effective as of the date it is posted on the EverPlayList Site. ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference: Privacy Policy Cookie Policy Copyright and DMCA Policy This Agreement constitutes the entire understanding between EverPlayList and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

PLEASE READ THIS DOCUMENT CAREFULLY. EverPlayList ("we," or "us") offers an online video, image and text sharing platform and community through its website located at EverPlayList.blogspot.com (the "EverPlayList Site"). By registering as a member or by using the EverPlayList Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and EverPlayList. If you do not wish to be bound by this Agreement, do not use the EverPlayList Service.

1. Who May Use the EverPlayList Service

AGE REQUIREMENT: You must be at least 13 years old to use the EverPlayList Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the EverPlayList Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the EverPlayList Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the EverPlayList Service. If your child is using the EverPlayList Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the EverPlayList Service is appropriate for your child, please contact us.

WARNING: Even if you are old enough to use the EverPlayList Service and/or have your parent's or guardian's permission, some of the content available within the EverPlayList Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

2. License to Use the EverPlayList Service

LICENSE: EverPlayList grants you a limited, non-exclusive license to access and use the EverPlayList Service for your own personal, non-commercial purposes. This includes the right to view content available on the EverPlayList Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the EverPlayList Service for commercial purposes.

RESTRICTIONS: Except as expressly permitted by EverPlayList in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the EverPlayList Service. Nor will you take any measures to interfere with or damage the EverPlayList Service. All rights not expressly granted by EverPlayList are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about: What information we may collect about you; What we use that information for; and With whom we share that information.

4. Membership

REGISTRATION: To fully use the EverPlayList Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to EverPlayList and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the EverPlayList Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

5. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the EverPlayList Service and continues as long as you have an account with us.

ACCOUNT DELETION: Basic accounts may be deleted from the EverPlayList Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

TERMINATION FOR BREACH: EverPlayList may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if EverPlayList determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage EverPlayList's reputation and goodwill. If EverPlayList deletes your account for the foregoing reasons, you may not re-register for the EverPlayList Service. EverPlayList may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by EverPlayList will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. EverPlayList shall not be responsible for the loss of such content.

6. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Exploits minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
Violates any law.

7. Code of Conduct

In using the EverPlayList Service, you must behave in a civil and respectful manner at all times. Further, you will not:

Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Distribute "spam";
Collect information about others; or
Advertise or solicit others to purchase any product or service within the EverPlayList Site (unless you are an official EverPlayList partner or advertiser and have a written agreement with EverPlayList).

EverPlayList has the right, but not the obligation, to monitor all conduct on and content submitted to the EverPlayList Service.

8. Licenses Granted by You

As between you and EverPlayList, you own all content that you submit to the EverPlayList Service. You grant EverPlayList and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the EverPlayList Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to EverPlayList on improving or adding new features to the EverPlayList Service, EverPlayList shall have the right to use your suggestions without any compensation to you.

9. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to EverPlayList and grant the licenses set forth above; (ii) EverPlayList will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

10. Indemnification

You will indemnify, defend, and hold harmless EverPlayList and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the EverPlayList Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to EverPlayList violates any law or infringes any third party right, including any intellectual property or privacy right.

11. Third Party Copyrights and Other Rights

EverPlayList respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement.

12. Disclaimers

EverPlayList reserves the right to modify the EverPlayList Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the EverPlayList Service. EverPlayList has no obligation to screen or monitor any content and does not guarantee that any content available on the EverPlayList Service complies with this Agreement or is suitable for all users.

EverPlayList provides the EverPlayList Service on an "as is" and "as available" basis. You therefore use the EverPlayList Service at your own risk. EverPlayList expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, EverPlayList makes no representations or warranties:

That the EverPlayList Service will be permitted in your jurisdiction;
That the EverPlayList Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on the EverPlayList Service or will be stored by EverPlayList ;
That the EverPlayList Service will meet your business or professional needs;
That EverPlayList will continue to support any particular feature of the EverPlayList Service; or
Concerning sites and resources outside of the EverPlayList Service, even if linked to from the EverPlayList Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the EverPlayList Service, and no warranties shall apply after such period.

13. Limitation of Liability

To the fullest extent permitted by law: EverPlayList shall not be liable 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.

14. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the EverPlayList Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. EverPlayList is not the primary producer of the visual content contained in the EverPlayList Service.

15. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the EverPlayList Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, EverPlayList and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by EverPlayList in exercising any right hereunder will waive any further exercise of that right. EverPlayList 's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without EverPlayList 's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from EverPlayList electronically. EverPlayList may provide all such communications by email or by posting them on the EverPlayList Service. For support-related inquiries, you may contact us.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by EverPlayList on the EverPlayList Site or a written amendment signed by an authorized representative of EverPlayList. A revised Terms of Service will be effective as of the date it is posted on the EverPlayList Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

This Agreement constitutes the entire understanding between EverPlayList and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.