By using or visiting the EveryZing Web site (collectively, including all Content available through the EveryZing Web site) you as a user, signify your assent to the following Terms of Service (”TOS”), which may be updated by us from time to time without notice to you. In addition, when using the EveryZing services, you shall be subject to any agreements, posted guidelines or rules applicable to such services, such as our Registration and Content Submission Agreement. All such agreements, guidelines and rules are hereby incorporated by reference into the TOS. EveryZing may also offer other services that are governed by different terms and conditions.
EveryZing provides users with access to a rich collection of resources, including search services, personalized content and video content through its Web site. You understand and agree that EveryZing may include advertisements. Unless explicitly stated otherwise, any new features or enhancements to EveryZing, including the release of new EveryZing properties, shall be subject to the TOS. You understand and agree that EveryZing is provided “AS-IS” and that EveryZing assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to EveryZing, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access EveryZing.
Please be aware that EveryZing has certain areas on EveryZing that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of EveryZing, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by EveryZing’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EveryZing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EveryZing has the right to suspend or terminate your account and refuse any and all current or future use of EveryZing (or any portion thereof). You understand that through your use of EveryZing you consent to the collection and use of the Registration Data, including the transfer of this information for storage, processing and use by EveryZing and its affiliates.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EveryZing, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via EveryZing. EveryZing does not control the Content posted via EveryZing and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using EveryZing, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EveryZing be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via EveryZing. You agree to not use EveryZing to:
You acknowledge that EveryZing may or may not pre-screen Content, but that EveryZing and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via EveryZing. Without limiting the foregoing, EveryZing and its designees shall have the right to remove any Content that (a) violates the TOS or (b) is otherwise objectionable, such as, but not limited to, pornography, obscene or defamatory material, or material that may violate any third party intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EveryZing or submitted to EveryZing.
You understand that the technical processing and transmission of Content by EveryZing, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that EveryZing and the software embodied within EveryZing may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EveryZing and/or content providers who provide content to EveryZing. You may not attempt to override or circumvent any of the usage rules embedded into EveryZing.
You acknowledge that in using EveryZing to search queries, you will be causing communications to be sent through EveryZing’s computer networks. As a result, and also as a result of EveryZing’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of EveryZing results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold EveryZing and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through EveryZing, your use of EveryZing, your connection to EveryZing, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of EveryZing (including your EveryZing ID), use of EveryZing, or access to EveryZing.
You acknowledge that EveryZing may establish general practices and limits concerning use of EveryZing Content, including without limitation the maximum number of days that Content will be retained by EveryZing. You agree that EveryZing has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by EveryZing.
EveryZing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, EveryZing (or any part thereof) with or without notice. You agree that EveryZing shall not be liable to you or to any third party for any modification, suspension or discontinuance of EveryZing.
You agree that EveryZing may and without prior notice, immediately terminate your access to EveryZing. Further, you agree that all terminations shall be made in EveryZing’s sole discretion and that EveryZing shall not be liable to you or any third party for any termination of your access to EveryZing
EveryZing may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EveryZing has no control over such sites and resources, you acknowledge and agree that EveryZing 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 on or available from such sites or resources.
You acknowledge and agree that EveryZing and any necessary software used in connection with EveryZing (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through EveryZing or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EveryZing or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on EveryZing or the Software, in whole or in part.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.
Click here to view the EveryZing privacy policy.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERYZING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVERYZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE EVERYZING; (ii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF EVERYZING; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EVERYZING; OR (v) ANY OTHER MATTER RELATING TO THE USE OF EVERYZING. IN ANY EVENT, EVERYZING’S TOTAL AND MAXIMUM LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED $100.
You agree that the TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, there shall be no third-party beneficiaries to this agreement.
The EveryZing logo, trademarks and service marks and other EveryZing logos and product and service names are trademarks of EveryZing Inc. (the “EveryZing Marks”). Without EveryZing’s prior permission, you agree not to display or use in any manner the EveryZing Marks.
Entire Agreement. The TOS, and the other agreements contemplated hereby, constitutes the entire agreement between you and EveryZing and governs your use of EveryZing, superseding any prior agreements between you and EveryZing with respect to EveryZing.
Choice of Law and Forum. The TOS and the relationship between you and EveryZing shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Any suit or proceeding arising out of or relating to the TOS shall be commenced exclusively in the federal and state courts located in the Commonwealth of Massachusetts and each party irrevocably submits to the jurisdiction and venue of such courts.
Waiver and Severability of Terms. The failure of EveryZing 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.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of EveryZing or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
August 4, 2008
June 9, 2008
May 19, 2008
