Eversor Terms of ServiceEdit
Date of Last Revision: May 27, 2011
1. Acceptance and Amendment of TermsEdit
Welcome to the Eversor Site. The Service is for the personal and non-commercial use of its users, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service without express written consent from Eversor.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with the Terms, you should leave the Site and discontinue use of the Services immediately. Please read these Terms carefully and save them. If you wish to become a Member, communicate with other Members and make full use of the Services, you must read these Terms and indicate your acceptance during the registration process.
You may not change, supplement or amend this Agreement in any manner. Eversor may unilaterally amend or supplement this Agreement from time to time. Eversor will notify you of any amendments at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments. If you do not agree with the amendments you must terminate your Member account and cease use of the Site and the Service. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date.
2. User ConductEdit
a. In order to become a Member, you need to create a Member account. To create an account, you must submit certain requested information to Eversor, including your name and correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete.
b. You are responsible for any activity that occurs under your screen name and Member account.
c. You are responsible for keeping your Member password secure and for notifying Eversor immediately of any breach of security or unauthorized use of your Member account.
d. You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
e. You are solely responsible for your conduct on the Site and for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
f. You must not abuse, harass, threaten, impersonate or intimidate Staff or other Users of the Service.
g. You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
h. You must not create or submit unwanted email or other messages to any Users of the Site.
i. You may not collect or harvest any personally identifiable information, including account names, from the Site.
j. You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that is not Everquest related, or Eversor believes:
- 1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
- 2. Comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant Eversor all of the license rights granted herein;
- 3. Violates or otherwise encroaches on the rights of others;
- 4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- 5. Advocates illegal activity;
- 6. Harms anyone, including minors;
- 7. Provides a link to any of the above.
Eversor has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Eversor does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Eversor may delete, move, and edit Content for any reason, at any time, without notice. Eversor in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.
k. You may not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Eversor servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser in ordinary and customary usage.
Any breach or non-compliance of any of these User Conduct terms will entitle Eversor to immediately and without notice (i) terminate any Member account, which could result in the permanent loss of any data in the account and any User Content of the Member, and (ii) block the applicable Member from any further use of the Site.
3. User ContentEdit
When you become a Member, you may submit Content to the Site and/or create Content on the Site, including by modifying or revising other Content on the Site (together, your “User Content”). In order for Eversor to make your User Content available to you and to other Members, and in order for us to use your User Content and the Content of other Users to offer the Service to our Members, Eversor needs the right to make use of Content provided by Users, in accordance with and subject to these Terms.
You retain all of your existing rights to your User Content, but by contributing it to the Site you automatically grant to Eversor an irrevocable (except as set forth in this Section), perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to:
a. use, copy, publicly perform, publicly display, excerpt (in whole or in part) and distribute your User Content for any purpose on or in connection with the use, operation or promotion of the Site,
b. through the Site, reformat, translate, modify, revise, prepare derivative works of the User Content or incorporate the User Content into other works, and
c. grant sublicenses of this license to users of the Site in connection with the use, operation or promotion of the Site.
You also waive, in favor of us, users of the Site and any transferee of this license, any moral rights you have in the User Content, in connection with the use, operation or promotion of the Site.
Any modifications, revisions or derivative works of User Content permitted by this Agreement shall be the property of Eversor and you hereby irrevocably assign and transfer to us any interest you may have in such modifications, revisions or derivative works, effective upon their creation. We shall use such modifications, revisions or derivative works only in connection with the use, operation and promotion of the Site, and shall license them to users of the Site only for that purpose.
You may at any time, on written notice to us, terminate this Agreement in the manner provided below, and upon such termination your license to us in the preceding paragraph shall also terminate, provided that after such termination our license will continue with respect to any use of the applicable User Content by us or our sublicensees prior to the effective time of the termination (in other words, our license to then existing permitted uses of your User Content may at our option continue perpetually). If you choose to terminate such license, we may also retain a copy of the applicable User Content for off-site archival purposes.
Eversor reserves the right to remove User Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to Eversor that (a) you are the sole owner, author and copyright owner of your User Content or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) your User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) your User Content does not contain any defamatory, libelous or obscene material; (d) your User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in your User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of your User Content in the manner contemplated by the Service and these Terms.
4. Intellectual Property RightsEdit
a. Except as otherwise expressly indicated, the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content and the selection and arrangement thereof are the proprietary property of Eversor or its licensors or users and are protected by United States and international copyright laws. All rights to the Content are expressly reserved, and except for express licenses granted in this Agreement no right to any Content on the Site is granted to you by us.
b. Members have a limited right, for the term of and subject to this Agreement, to use Content on the Site (i) only in connection with and during their personal or non-commercial use of the Site, and (ii) only for the purpose for which, and in the manner in which, the Site makes such Content available. This right is not exclusive or transferable, and may be terminated at any time by Eversor. If you make any revisions or modifications to, or derivative works from, any Content on the Site other than your own User Content, all right, title and interest to such revisions, modifications and derivative works are the property of Eversor, and you hereby assign and transfer all right, title and interest therein to Eversor, and waive all moral rights therein, in each case for no consideration and effective immediately upon the creation of such revisions, modifications and derivative works.
5. Third Parties and Other UsersEdit
Third Party Content. Content from other Users and other third parties is made available to you through the Services. Because Eversor does not control such Content, you agree that Eversor is not responsible for any such Content, including information about third party products or services; makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that Eversor will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User) in relation to the use of the Site, we are under no obligation to become involved; however, Eversor reserves the right to monitor disputes between you and other Users. You hereby release Eversor, its directors, officers, employees, agents, staff and shareholders (the “Eversor Parties”) from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other Users or any third party through or in relation to the Site or the Service.
Notwithstanding any other provision of this Agreement, Eversor is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.
7. Respecting the Intellectual Property Rights of OthersEdit
Eversor does not support copyright infringing activities and infringement of other intellectual property rights on the Site. If you believe that any User Content or other Content on the Site infringes on another's intellectual property rights you may use the “Report Abuse” or “Flag” tool on the Site, or contact us at the contact information on the Site. Eversor reserves the right to remove Content and User Content without prior notice. Eversor may also terminate a Users’ access to the Site, immediately and without notice, if Eversor believes, in its sole discretion, that the User is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless the Eversor Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including any claims that User Content or other Content provided by you infringes the intellectual property rights of any third party.
Eversor is not responsible or liable in any manner for any User Content or other Content posted on the Site or available in connection with the Service, whether posted or caused by users of the Site, by Eversor, or by other third parties. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users do, post, transmit or share on the Site.
Under no circumstances will Eversor be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
Eversor expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Eversor does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
10. Limitation of LiabilityEdit
In no event will the Eversor Parties be liable to you for any damages of any kind, whether direct, indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive, or whether for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the Eversor Parties are aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in these Terms, the Eversor Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Eversor for the Service during the six months prior to the time the liability arose. You acknowledge that if no fees are paid to Eversor for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Eversor Parties, regardless of the cause of action.
11. Electronic CommunicationsEdit
The communications between you and Eversor use electronic means, whether you visit the Website or send Eversor e-mails, or whether Eversor posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Eversor in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Eversor provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
This Agreement continues until terminated by either Eversor or you. Eversor reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, in its sole discretion.
Eversor may terminate this Agreement and your account, delete your account and any Content or information that you have posted on the Site or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
If you terminate this Agreement, the effective time of termination is the later of the effective time you specify in your notice and a reasonable period of time, not less than 30 days, after we receive your notice. Notices are not automatically sent to us when you delete your Eversor account. After termination of your license to us with respect to all of your User Content or termination of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.
Upon termination of this Agreement, for whatever reason, Section 2, 4(a), 5, 6, 8, 9, 10, 13 and 14 shall continue to apply following the termination.
13. Applicable Law and VenueEdit
The Agreement and the relationship between you and Eversor shall be governed by and construed and interpreted in accordance with the laws of Rutherford County, Tennessee, United States of America and the federal laws of the United States of America applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against the Eversor Parties related to any Claim and, where applicable, you also agree to opt out of any class proceedings against the Eversor Parties. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the county of Rutherford, State of Tennessee, United States of America (USA).
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the county of Rutherford, State of Tennessee, United States of America. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Tennessee, USA, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Eversor Parties for your failure to comply with any such laws.