Please read these terms. We offer you the use of UScapeit's applications, content, updates and services (the "Services") on the condition that you agree to abide by the following terms.
EACH TIME YOU REGISTER, DOWNLOAD, OR USE THE SERVICES, YOU ARE SIGNIFYING THAT YOU AGREE TO THESE TERMS, AS THEY MAY BE UPDATED FROM TIME TO TIME.
If you do not agree to these terms, do not download or use the Services.
1. These Terms. The Services are provided by EveryScape, Inc. and its affiliates ("we" or "us"). These terms, any guidelines or policies posted on the Services, and the supplemental terms in Appendix 1 below (collectively, the "Terms") govern our relationship with you and your use of the Services. We may change or discontinue any aspect of the Services at any time and without liability to you.
2. Changes. We may need to change these Terms from time to time. You agree to look at these Terms regularly. We will post notice of changes to these Terms within or through the Service. The modified Terms will take effect once we post the changes; if you disagree to the changes, you must discontinue your use of the Services. On the other hand, your ongoing use of the Services after we post the modifications signifies your agreement to the new terms.
3. Requirements. To use the Services:
(a) you may be required to register and provide information about yourself, such as your name, e-mail address, and billing details (if any), and such information must be accurate, correct and up to date;
(b) you must be legally capable to enter into contracts where you reside;
(c) you must comply with these Terms, applicable law and regulation; and
(d) you must comply with all export controls that apply to the Services, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. We may reject any request for registration for any reason.
4. Territory. We offer and provide the Services primarily in the United States. You are solely responsible for complying with all local laws and regulations when you download, install and/or use the Services.
5. Ownership. We or our licensors own all legal right, title and interest in and to the Services, including any intellectual property rights. We give you a non-exclusive and revocable right to use the Services for your own use. Nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, or domain names.
6. Restrictions. You may not (a) damage, disable, overburden, or impair the Services (or any network connected to the service); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; or (d) use any automated process or service (such as a bot, a spider) to capture data or content from any Service for any reason (including without limitation, to redistribute any data from the Services).
7. Your Submissions. We do not claim any copyright ownership over the content you submit, post or transmit through the Services. However, by submitting any content to the Services (including text, videos, photographs or audio materials), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to exercise all rights under copyright with respect to such content (including without limitation the rights to use, reproduce, distribute, prepare derivative works, and publically display and perform), which we may use and exploit (along with your name and identifying features) on our websites and other properties and those of their affiliates and business partners, as well as for marketing and promotional purposes. If you share content in public areas of the Services or share it with others selected by you, then you give such users a nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the Services.
8. Your Content. When you submit, post or transmit content through the Services, you represent and warrant to us that such content (1) is your original work and/or you have the necessary licenses, rights, consents, releases and permissions to publish the content that you submit, (2) does not infringe or violate any law, rule or regulation or the intellectual property rights of any person or entity (or encourage anyone else to do so), (3) does not violate the privacy or other rights of any person or entity, (4) is not objectionable, inaccurate or inflammatory; and (5) is not obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive. We reserve the right, but we have no obligation, to monitor the content posted on the Services and to remove content that we believe in our sole discretion does not comply with these Terms or our policies.
9. Your Responsibilities. You are responsible for any content you post to our Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES. You assume all responsibility for activities under your account, including use of your account by others. You are responsible for any consequences if you lose access to your personal information and any data stored on our Services, or if you allow others to use the Services through your account. We are not responsible for the release or loss of any information that is identified with that address or identifier.
10. Location. You may have the option to use location based information with the Services on your mobile devices. For example, you can have the Services determine your location and include such information with a photograph that you upload from your device on to the Services. In order for us and our licensors to provide such services, we may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device. You agree and consent to our collection, use, transmission, processing and maintenance of such location data to provide such services. Such information may include, but is not limited to, your user ID for the services, device ID and name, device type and real-time geographic location of your device at time of your request. You may withdraw this consent at any time by not using the location-based features or by turning off the Location Services settings.
12. No Warranties. We and our distributors make the Services available to you "AS IS". The Services are subject to changes and could temporarily or permanently be suspended without notice to you, and without guarantee that it will operate free of errors, viruses, bugs or service breakdowns.
WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NONINFRINGEMENT.
13 Limitation of Liability. In consideration for your access and use of the Services, many of them which we may provide to you at no charge, you agree that we may limit any claims for damages to you under these Terms and for any dispute regarding the Services at an amount that will not exceed any fees that you paid to us for a one month period. In no event can you recover from us or any distributor any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
14. Termination. We may terminate these Terms or your access to the Services at any time in our sole discretion. You may cancel the Services at any time by terminating your use of the Services. We are not responsible to you for any lost data if we terminate or if you terminate your access to the Services. You are solely responsible for backing up any data or content that you may upload to the Services.
15. General Terms. You are an independent contractor, and these Terms do not create a partnership or joint venture between you and us. You agree that we may disclose certain information about you (including your IP address and location, name and user name), without notice to you, (a)if we are legally required to do so, such as, in response to a subpoena, warrant, court order, if we reasonably believe such disclosure is necessary (b) if we suspect illegal activity, if we believe there has been a violation of these terms, or (c) to protect our rights or the rights of other users and licensors. These Terms are governed by the laws of Massachusetts. In the event of a dispute over these Terms or the Services, you agree that dispute will be resolved only in a court of competent jurisdiction in Boston, Massachusetts. These Terms constitute the entire agreement between you and us regarding the subjects covered and have the same effect as an agreement signed in writing. You agree to receive required notices from us electronically, such as, by e-mail. If you do not wish to receive notices electronically, you must discontinue your use of the Services. You may not assign your rights and obligations under these Terms to any other person or entity without our express permission. No other agreements, understandings, promises, or representations, other than those contained here are part of the agreement between you and us. Sections 4, 5, 8, 9 and 12 through 15 shall survive termination of this agreement.
Supplemental terms for use of Services with Apple® Products
These terms supplement and are in addition to the Terms for users who install applications for the Services ("Applications") on iPhones™, iPod Touch™ and iPad™ products provided by Apple, Inc. ("Apple"), in which Apple shall be deemed a "distributor" under the Terms.
a. Your use of the Applications on Apple devices are subject Usage Rules set forth in Apple's App Store Terms of Service, which you agree are binding on you.
b. You are not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications from Apple.
c. Any purchases of premium applications through the Apple iTunes App Store will be governed by the iTunes Store Terms of Sale, which you can review at http://www.apple.com/legal/itunes/us/sales.html.
d. Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
e. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringes the intellectual property rights of the third party.
f. You agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Last Updated: 10 May 2011
For some services, we will ask that you register and provide us with information about yourself and/or your company, again to enable you to access our services and to allow us to provide you with information. For services requiring registration and a password, once you have registered and receive a password, you will be able to download software, register software or otherwise access other parts of our Site.
We may also collect transaction-related information (e.g., such as purchase and payment information for Services), customer service information, location data and other information about mobile devices used to access and interact with the Services, and other information related to your use of particular Services.
Information collected online may be combined with information provided when you purchase products, register your ownership of our Services, subscribe to our Services and newsletters, or other instances when you provide information to us.
We continually upgrade and modify the Services. As things change, the type of information we collect may also change, and our policies respecting information may change as well. We strive to have appropriate methods to protect your information from unauthorized access. Many of the computer systems we use are located primarily in the United States. Thus, your personal data may be transferred to, processed and held in the United States, other countries located within the European Union, and possibly elsewhere in the world.
"Cookies" are small data files which assign a unique identifier to the recipient. A "client cookie" is sent to a visitor's browser so that our systems can remember the visitor's requests and keep track of the information and services which the visitor accesses and uses. A "server cookie" may be maintained to recognize when the visitor returns. You may set your browser to notify you when you receive a cookie, or to prevent cookies from being sent. If you do, you may limit the services we can provide when you visit. You can also delete the cookie files on your computer at any time. These files are stored as part of your Internet browser.
We use the information that we collect in the course of our relationship to provide you with general and specific information about our products, services, offers and other useful matters from us. If you order products, we will maintain an order history. We may also combine information which you provide online with off-line information to provide a more customized experience, or to provide information to you we think would be of particular interest, as well as to compile aggregate usage information and other marketing information.
We will provide the opportunity of opting out for various mailing lists and other forms of communication, however, you acknowledge that we may provide you with required notices about the Services, our terms of service and this policy.
Please note that if you disclose information about yourself to others, either by sharing information with other users or posting information on public areas of the Service, others online may obtain access to any information you provide. You are solely responsible for any consequences in making such information available to others via the Services.
By providing us with data and visiting our Site, you acknowledge and agree that we may use the data collected for the purposes identified in this policy, and in our other communications with you, and to provide information to our other businesses, some of which may be outside of your resident jurisdiction. The data which we collect may be stored on servers located in other jurisdictions. By providing us with your data, you consent to our use and transfer of this data. As our services evolve, the types of information which we collect may change. Please check this policy frequently for the most recent explanation of our practices.
In the event that we change ownership as a result of a merger, acquisition, or transfer to another company, your information may be transferred. If such a transfer results in a material change in the use of your information, you will be provided notice about the choices you have to decline to permit such a transfer.
We may from time to time use your information to present advertisements. We may use advertising networks to customize and display advertising on the Services. We may share certain information about you as a user (such as age, zip code, or other information we have collected or received) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. You can learn more about advertising displayed on the Services as well as how you can control the use of your information for such advertising, if any, by clicking http://www.uscapeit.com/addisplay.html.
We may share your information with our other companies and affiliates to achieve the purposes identified in our policy. We may provide aggregate statistics, which does not identify any user individually, to others for purposes of marketing or promotion. We will not sell or rent your information to third parties. We will not share your information with outside parties without your prior consent or except in circumstances to fulfill a transaction ordered by you.
We may provide information about you to others if we have a good faith belief that we are required to do so by law or regulatory process, or to respond to a claim, if we believe that there is a violation of our terms of service for the applicable Service, or to protect our rights, property or human safety.
We use third-party web beacons to help analyze where visitors go and what they do while visiting our website. Third party sites may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by such third party, click here.
We are not responsible for the privacy or confidentiality practices employed by web sites with which we link or which may link to us. We recommend that you actively review the policies and practices of any web site which you may visit.
You may contact us if you have any questions about information which we maintain, or to correct, update or change any personal information which you have submitted. If you operate in the European Union or other jurisdictions that provide access rights, you may access your personal information, obtain confirmation of whether or not the information you have provided to us is being processed or have your information corrected or updated in accord with applicable law by contacting us. In some cases, you may be charged a reasonable fee.
Our Services are intended for a general audience, and minors are not eligible to use or register for our Services.
Last updated: 10 May 2011