This is the terms and conditions page for Everipedia.com
If you are a United States Federal Agency, this Amendment is applied to the Terms of Service.
We provide the Service for your use subject to the following Terms. We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we modify these Terms, we will post a notice at the top of our Service for a period of seven (7) days. Your continued use of the Service constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. You agree to periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. We will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
Additional terms and conditions may apply to certain services provided by Everipedia, and you agree that you shall be subject to any additional terms applicable to such services that may be posted on the Website or otherwise made available to you from time to time. All such terms are hereby incorporated by reference into these Terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE SERVICE MAY CONTAIN CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT EVERIPEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE IN INCUR AS A RESULT OF ANY EXPOSURE TO SUCH CONTENT. YOU USE THE SERVICE AT YOUR OWN RISK.
This Service is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized and in violation of these Terms. By using the Service, you represent and warrant that you are 13 years of age or older.
Access and Use of the Service
Everipedia is an encyclopedia of the internet, aiming to categorize and comment every single link on the internet. We welcome your participation in this quest subject to these Terms. Registration may not be required to view content on the Service, but even unregistered Users are bound by these Terms. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Everipedia reserves all rights not expressly granted herein in the Service and the Everipedia Content (as defined below). Everipedia may terminate this license at any time for any reason or no reason.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Everipedia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Everipedia will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Everipedia reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any User account with or without notice. You agree that Everipedia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Everipedia may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by Everipedia and the maximum storage space that will be allotted on Everipedia' servers on your behalf. You agree that Everipedia has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or through Everipedia, including without limitation, User Content (as defined below). You acknowledge that Everipedia reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Everipedia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use and User Content
You agree to use the Service only in compliance with these Terms:
User Content: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, annotations, or other content, information, and materials ("User Content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service, including without limitation (i) Registration Data, (ii) the information you include in your profile, which may include your handle or profile page for third party accounts like Facebook and Twitter and your photo, (iii) your comments on the Service(provided that the composition of any such summaries shall be created by and owned by Everipedia), and (iv) any bodies of text, or graphics you post to the Service. You represent and warrant that the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service will not violate or infringe upon the rights of any third party, including any Intellectual Property Rights (as defined below), privacy, publicity or other personal or proprietary rights, and that such User Content shall not contain libelous, defamatory, obscene or otherwise unlawful or inappropriate material. You agree not to post any User Content without any permission or consent that may be required in order for you to do so.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
If you register for an account with us, we will display certain portions of your User Content to other Users, including without limitation your user name and your posts. You acknowledge and agree that we have no obligation to display any particular item of User Content and may filter the display of User Content in our sole discretion for no reason or for any reason.
EVERIPEDIA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS OVER THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT EVERIPEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF ANY USER CONTENT.
License to User Content: When you post User Content to the Service or otherwise submit it to us, you hereby grant, and you represent and warrant that you have the right to grant, to Everipedia an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), create derivative works of, distribute and otherwise fully exploit all Intellectual Property Rights in and to such User Content for purposes of providing, operating and promoting the Service or otherwise conducting the business of Everipedia. Subject to the rights granted to us in these Terms, you retain full ownership of your User Content; provided, however, that Everipedia owns all right and title in and to the collective content of the Service, including without limitation to the extent your User Content forms a part of any work of authorship presented or displayed on the Service.
User Conduct: The following are examples of the kind of content and/or use that is illegal or prohibited by Everipedia. Everipedia reserves the right to investigate and take appropriate legal action against anyone who, in Everipedia' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such Users and reporting you to the law enforcement authorities. You agree to not use the Service to engage in any prohibited, illegal, or harmful activity, including without limitation:
- posting, emailing or otherwise transmitting any content, information, software, or material, including without limitation, User Content, that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any Intellectual Property Rights or other proprietary rights of any party (including, without limitation, any third party); (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Everipedia, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Everipedia or its Users to any harm or liability of any type;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- soliciting personal information from anyone under the age of 18;
- harvesting or collecting, through use of automated scripts or otherwise, the contents of the Service or email addresses, contact information or other private information of other Users from the Service for any purpose, including without limitation for the purposes of sending unsolicited emails or other unsolicited communications to Users or reproducing the content of the Service;
- advertising or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; or
- violating any applicable local, state, national or international law, or any regulations having the force of law;
- furthering or promoting any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Service.
Fees: You acknowledge that Everipedia reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Service or otherwise made available to you by Everipedia.
Special Notice for International Use; Export Controls: Software available in connection with the Service, if any, and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any available software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and any software, including as it concerns online conduct and acceptable content.
U.S. Government-restricted Rights: If the Service (or any portion thereof) is licensed to the United States government or any agency thereof, then the Service will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
Commercial Use: Unless otherwise expressly authorized herein or by Everipedia' express written consent, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors without the express written consent of Everipedia.
Intellectual Property Rights
Everipedia Content: Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Everipedia Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Everipedia and its licensors (including other Users who post User Content to the Service).
Content found on Everipedia is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. As a User you may modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works from content found on Everipedia.com.
For more information on the terms of reuse of content found on Everipedia please reference the Creative Commons documentation:
In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Everipedia Content other than as specifically authorized herein is strictly prohibited. As between you and Everipedia, the technology and software underlying the Service or distributed in connection therewith is the exclusive property of Everipedia, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Everipedia.
Trademarks: "Everipedia" and other Everipedia graphics, logos, designs, page headers, button icons, scripts and service names (whether or not they appear at any given time on the Service) are the trademarks, trade names or trade dress of Everipedia in the U.S. and other countries. You may not use Everipedia' trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product, program, display or service in any manner that is likely to cause confusion or create the impression that Everipedia endorses any product or service. You may not reproduce or use Everipedia' trademarks or trade dress without the prior written permission of Everipedia.
Product and service names and logos used and displayed via the Service, other than the trademarks of Everipedia described above, may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Everipedia. Nothing in these Terms or on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Everipedia trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Everipedia be liable in any way for any content posted by third parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Service. You acknowledge that Everipedia does not pre-screen any User Content or content provided by any third-party, but that Everipedia and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or third-party content that is available via the Service. Without limiting the foregoing, Everipedia and its designees shall have the right to remove any User Content or third-party content that violates these Terms or is deemed by Everipedia, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content found on the Service, including any reliance on the accuracy, completeness, or usefulness of such content.
Downtime: The Service may be temporarily unavailable from time to time for maintenance or other reasons. Everipedia shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications, User Content, or any other content made available via the Service. Under no circumstances will Everipedia be responsible for any personal injury or death resulting from the use of the Service, any User Content or third party content, or any use of products or services provided by Users.
Submissions: In addition to the license grant to User Content set forth above, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Service ("Submissions"), provided by you to Everipedia are non-confidential and Everipedia shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Everipedia may preserve and store User Content and other content for any period of time and may also disclose User Content and other information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content (including your User Content) violates the rights of third parties; or (d) protect the rights, property, or personal safety of Everipedia, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Everipedia respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Everipedia of your infringement claim in accordance with the procedure below.
Third Party Websites and Content
Everipedia is not responsible for cookies, web beacons, clear gifs, or other code you or any third parties place on your computer or device in any way, including any association of Service content with such code. For example, if you access a Third Party Site through a link on the Service, your browser or other cookies on your computer may cause a referrer header to be sent to that site indicating some of your browsing history or the URL from which your visit originated. Everipedia shall have no liability to you in connection with any such transmission, whether or not that transmission contains information associated with or originating from Everipedia.
Third Party Services
In addition, Everipedia is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Everipedia is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Everipedia may enable these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to defend, indemnify and hold harmless Everipedia and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, injury (including death), costs or debt, and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term or condition of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code. For the avoidance of doubt, your indemnity obligations include, without limitation, claims against Everipedia that any of your User Content infringes a third party's Intellectual Property Rights.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERIPEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EVERIPEDIA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
EVERIPEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EVERIPEDIA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVERIPEDIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVERIPEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVERIPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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 BY ANY PARTY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) YOUR USER CONTENT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL EVERIPEDIA' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EVERIPEDIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
The Service is controlled and operated from facilities in the United States. Everipedia makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
Governing Law: You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which Everipedia retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, weird tricks, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EVERIPEDIA. For any dispute with Everipedia, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Everipedia has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, Inc. ("JAMS"), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS contact and general information may be found at the JAMS ADR page. The arbitration will be conducted in Los Angeles, California, unless you and Everipedia agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Everipedia from seeking injunctive or other equitable relief from the courts as necessary to protect any of Everipedia's proprietary interests.
Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EVERIPEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
In addition to the termination rights set forth elsewhere herein, you agree that Everipedia, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content (including without limitation your User Content) within the Service, for any reason, including, without limitation, for lack of use or if Everipedia believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Everipedia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Everipedia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Everipedia shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and Everipedia will have no liability or responsibility with respect thereto. Everipedia reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service or to elect to display only certain of the User content submitted in connection with a particular Everipedia subdomain.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Everipedia without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms constitute the entire agreement between you and Everipedia and govern your use of the Service, superseding any prior agreements between you and Everipedia with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use certain features of the Service, affiliate or third-party services, third-party content or third-party software. The failure of Everipedia to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. 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 the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, unless required otherwise by applicable law. A printed version of these Terms 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.
AMENDMENT TO EVERIPEDIA TERMS OF SERVICE APPLICABLE TO U.S. GOVERNMENT USERS/MEMBERS
You, as a U.S. Government entity, are required when entering into agreements with other parties to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; federal records; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; and governing law and dispute resolution forum. Company and Agency (together, the "Parties") agree to the Terms and further agree to modify the Terms to accommodate Agency's legal status, its public (in contrast to private) mission, and other special circumstances. Accordingly, the Terms are hereby modified by this Amendment as they pertain to Agency's use of the Company Site and Services.
A. Government entity: "You" within the Terms shall mean the Agency itself and shall not apply to, nor bind (i) the individual(s) who utilize the Company Site or Service on Agency's behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency. Company will look solely to Agency to enforce any violation or breach of the Terms by such individuals when acting on behalf of the Agency, subject to federal law.
B. Public purpose: Agency shall use the Company Site and Service solely in furtherance of Agency's public purpose. Any requirement(s) set forth within the Terms that use of the Company Site and Service be for private, personal and/or non-commercial purposes is hereby waived.
C. Agency content serving the public: Company will allow Agency's distribution or other publication via the Site or Service of material that may contain or constitute promotions, advertisements or solicitations for goods or services, so long as the material relates to the Agency's mission and conforms within reason to the content and style conventions of the Company Site and Service.
D. Advertisements: Company agrees not to serve or display any commercial advertisements or solicitations in the publicly available portion of the Site or Service displaying content uploaded by or under the control of the Agency. This exclusion shall not extend to house ads, which Company may place in a non-intrusive manner.
E. Indemnification, Liability, Statute of Limitations: Any provisions in the Terms related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the Terms as modified by the Amendment, or any claim arising from the Terms as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.
F. Governing law: Any arbitration, mediation or similar dispute resolution provision in the Terms is hereby deleted. The Terms and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of the State of California (excluding California’s choice of law rules) will apply in the absence of applicable federal law.
G. Changes to standard Terms: Language in the Terms reserving to Company the right to change the Terms without notice at any time is hereby amended to grant You at least three days advance notice of any material change to the Terms.
H. Access and use: Company acknowledges that the Agency's use of Company's Site and Service may energize significant citizen engagement and otherwise become important to the Agency's mission. Language in the Terms allowing Company to terminate service or close the Agency's account at any time, for any reason, is modified to reflect the Parties' agreement that Company may unilaterally terminate service and/or terminate Agency's account only for breach of Agency’s obligations under the Terms or Agency's material failure to comply with the instructions and guidelines posted on the Site or Service, or if Company ceases to operate its Site or Service generally. Company will provide Agency with a reasonable opportunity to cure any breach or failure on Agency's part.
I. Provision on crawlers: Any provision in the Terms prohibiting crawl, spider or similar processes is amended to allow the Agency to apply such tools solely to its pages and content, and solely to fulfill Agency's obligations under the Federal Records Act or other applicable federal law or regulation.
J. Ownership of names: Any provision in the Terms related to Company's ownership of and right to change Your selected domain name(s), channel name(s), and group name(s), are modified to reasonably accommodate Agency's proprietary, practical, and/or operational interest in its own publicly-recognized name and the names of Agency programs.
K. Modifications of Agency content: Any right Company reserves in the Terms to modify or adapt Agency content is limited to technical actions necessary to index, format and display that content. The right to modify or adapt does not include the right to substantively edit or otherwise alter the meaning of the content. In the event Agency discovers that Agency content has been modified in a manner that alters the meaning of such content, Agency may contact Company and the Parties shall work together in good faith to resolve the matter. Notwithstanding the foregoing, nothing in this Amendment shall result in an expansion of Agency's rights as a United States Government entity under the Copyright Act of 1976 (17 U.S.C. §§101 et sec.), specifically including Section 105 of the Act.
L. Limitation of liability: The Parties agree that nothing in the Limitation of Liability clause or elsewhere in the Terms in any way grants Company a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.
M. Uploading, deleting: The Parties understand and agree that You are not obligated to place any User Content on the Site or Service, and You reserve the right to remove any and all of Your User Content at Your sole discretion.
N. No endorsement: Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You have a presence on the Company Site and use its Service, shall not be used by Company in such a manner as to state or imply that Company's products or services are endorsed, sponsored or recommended by You or by any other element of the Federal Government, or are considered by You or the Federal Government to be superior to any other products or services. Except for links to or the Company’s promotion of Agency content (such as “featured content” promotions), Company agrees not to display any Agency or government seals, trademarks, logos, service marks, and trade names on the Company's homepage or elsewhere on the Company Site unless permission to do has been granted by the Agency or by other relevant federal government authority Company may list the Agency's name in a publicly available customer list on its homepage or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name. If Agency has an objection to how Company is using Agency’s seals, trademarks, logos, service marks, or trade names, Agency can contact Company at [email protected] and Company will remove such content within three calendar days.
O. No business relationship created: The Parties are independent entities and nothing in the Terms as modified by this Amendment creates a partnership, joint venture, agency, or employer/employee relationship.
P. No cost agreement: Nothing in the Terms as modified by this Amendment obligates You to expend appropriations or incur financial obligations. The Parties acknowledge and agree that none of the obligations arising from the Terms as modified by this Amendment are contingent upon the payment of fees by one party to the other.
R. Separate future action for fee based Services: Company provides Services at a basic level free of charge to the public, but this may change in the future. Agency acknowledges that while Company will provide Agency with some Services and features for free, Company reserves the right to begin charging for the Service and features at some point in the future. Company will provide Agency with at least 30 days advance notice of a change involving the charging of fees for currently free services. Agency also understand that Company may currently offer other premium and enterprise Services for a fee. The Parties understand that fee-based products and services are categorically different than free products and services, and are subject to federal procurement rules and processes. Before an Agency decides to enter into a premium or enterprise subscription, or any other fee-based service that this Company or alternative providers may offer now or in the future, Agency agrees to determine if it has a need for those additional services for a fee, to consider the subscription's value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then-applicable Terms for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.
S. Assignment: Neither party may assign its obligations under the Terms as modified by this Amendment to any third party without prior written consent of the other; provided however, Company or its subsidiaries may assign the Terms as modified by this Amendment to a subsidiary or parent or successors without written consent from the Agency provided that the successor assumes Company's obligations under the Terms as modified by this Amendment.
T. Termination rights: Agency may close Agency's account and terminate this Amendment at any time. Company may close Agency's account and terminate this Amendment on 30 days written notice.
U. Posting and availability of this Amendment: Any provision of the Terms requiring modifications of its terms to be posted on Company's Site is inapplicable since this Amendment is of limited, not general, application, and is otherwise waived for this special circumstance. The Parties agree this Amendment contains no confidential or proprietary information, and either party may release it to the public upon request and to other agencies interested in using the Services.
V. Security: Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that commercially reasonable management, operational and technical controls are employed to ensure security of systems and data. Company agrees to discuss implementing additional security controls as deemed necessary by Agency to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq.
W. Federal Records: Agency acknowledges that use of Company's Site and Service may require management of Federal records. Agency and user-generated content may meet the definition of Federal records as determined by the agency. If the Company holds Federal records, the Agency and the Company must manage Federal records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to, secure storage, retrievability, and proper disposition of all Federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The Agency is responsible for ensuring that the Company is compliant with applicable records management laws and regulations through the life and termination of its use of the Site and Services.
X. Intellectual property ownership: Except as expressly allowed in the Terms, no rights to any derivative works, inventions, or Company product modifications are conferred on Agency or any other party. All such rights belong solely to Company.
Y. Precedence; Further Amendments: If there is any conflict between this Amendment and the Terms, or between this Amendment and other terms, rules or policies on the Company Site or related to its Services, this Amendment shall prevail. This Amendment constitutes an amendment to the Terms; any language in the Terms indicating it may not be modified or that it alone is the entire agreement between the Parties is waived. Any further amendment must be agreed to by both Parties.
Z. Incorporation of Additional Terms: The following statement in the Terms is deleted, “Additional terms and conditions may apply to certain services provided by Everipedia, and you agree that you shall be subject to any additional terms applicable to such services that may be posted on the Website or otherwise made available to you from time to time. All such terms are hereby incorporated by reference into these Terms.” If Agency’s use of the Site and Service involves use of third-party service providers (for example, YouTube, Twitter, or Spotify) Agency agrees to be subject to the terms of those other service providers. Company agrees to supply Agency with a list of third-party service providers at Agency’s request.
AA. Additional Items for discussion and possible inclusion in this Amendment: Company understands current federal law, regulation and policy may affect Agency's use of the Company's products and Services in ways not addressed in the list of clauses above. Among the topics Agency may need to discuss with Company, and which may lead to a mutual agreement to insert additional clauses in this Amendment, are Privacy and Accessibility.