Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions constitute an agreement ("Agreement") between you ("you", "your", "user" or "Customer") and iEveryware, Inc. ("iEveryware", "us", "we" or "our") for the use of the iEveryware.com web site and any related tools (the "Service"). This Agreement governs both the Services and any assigned account ("Account") used in connection with the Services.
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services through the iEveryware website (ieveryware.com) or through any of the iEveryware subdomains (the iEveryware website and subdomains are collectively referred to herein as, the "Site"); or (ii) through the use of your Account and password; or (iii) your use of the Site.
We reserve the right to update and change the Agreement from time to time without notice. We may also release new versions of the Service from time to time. Such new releases shall be subject to the Agreement. Your continued use of the Service after any such new release shall constitute your consent to any change to the Service. You can review the most current version of the Agreement at any time at: http://www.ieveryware.com/terms. Violation of any of the terms below may result in the termination of your Account at our sole discretion. While we prohibit content of an offensive or illegal nature, you understand and agree that we cannot be responsible for the content posted on the Service and you may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use the Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have access to your Account). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
A valid credit card is required. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for setup fees, partial periods of service, or refunds for unused periods with an open Account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. We will use commercially reasonable efforts to have your mobile application or applications created and managed with the Service ("App" or "Apps") approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your App is denied by the appropriate mobile platform provider you may cancel your account. However there are no refunds under any circumstances.
Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted in writing to email@example.com. Cancellations by phone or sent to any other email address will not be considered valid. All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
We may at any time and from time to time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly and annual subscription plan fees for the Service, may be changed upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, we may issue an update to our mobile application framework that may add, modify, and/or remove features to/from your App. These updates may be pushed out automatically with little or no notice, although we will use commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and content Ownership
iEveryware claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Service to create your App, you agree to allow others to view and share your content. We do not pre-screen content, but we and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyâ€™s intellectual property or this Agreement. You authorize us to use, reuse, and to grant others the right to use and reuse, your content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all content selected by you for use in connection with the Service.
Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been copied and is accessible through the Service, you may notify us by emailing the following information to firstname.lastname@example.org:
- (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- (2) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- (3) identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- (4) the specific location on the Service where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- (5) your name, address, telephone number, and email address.
- (6) 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.
- (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Limitation of Liability
You expressly understand and agree that iEveryware 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 (even if iEveryware has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall iEveryware's liability to you exceed the amount actually paid to iEveryware by you during the preceding 12 months.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. iEveryware 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 will be corrected.
(a) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by iEveryware.
(b) You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
(c) You understand that your content may be transferred unencrypted and involve transmissions over various networks.
(d) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.
(e) If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by iEveryware) of other iEveryware customers, additional charges will apply. Currently the charge is $1.00/GB per month over 5 GB.
(f) The failure of iEveryware to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and iEveryware and govern your use of the Service, superseding any prior agreements between you and iEveryware (including, but not limited to, any prior versions of the Agreement).
(g) This Agreement shall be governed by and construed in accordance with the laws of the State of California.