Evrywall Terms of Service
Welcome to evrywall.com, the website and online services (collectively the “Service”) offered by its owners and operators (“Evrywall”, “we”, or “us”). These Terms of Service (“Terms”) regulate access to and use of the Service and any uploaded, downloaded or presented materials, information, text, graphics, and photos (collectively “Content”) by each person who accesses or conducts activity on the Service (“User” or “Users”). Our Users can exchange public messages by posting on “Walls” – webpages associated with web addresses of social network user profiles.
1. Basic Terms
You are responsible for your use of the Service, for any Content you post, send, submit, transmit, display, publish or otherwise make available (“Post”) via the Service, and for any consequences thereof. Content you Post using our Service is public and may be viewed by anyone, including through third-party services or websites. You may not be able to subsequently remove some of the Content you Post from the Service. You should only submit Content that you are comfortable sharing with others under these Terms.
You may use our Service only if you can form a binding contract with Evrywall and you are not a person barred from receiving services under the laws of the United States or other countries, including your country of residence or country from which you use our Service. If you are accepting these Terms and using the Service on behalf of a legal entity (company, organization, government, etc.), you warrant and represent that you are authorized to do so. You agree to use the Service only for lawful purposes that are permitted by these Terms and any applicable laws, regulations, practices, guidelines and rules, including any laws regarding the export of data and software to or from the United States, Canada or other relevant jurisdictions.
Evrywall, in its sole discretion, may change nature and form of the Service, or discontinue (permanently or temporarily) providing the Service, or any part thereof, to any User for any or no reasons without notice and without any liability. Evrywall also reserves the right to set limits on use and storage without prior notice to you.
3. Account Security
You are responsible for safeguarding third-party accounts (i.e. social networking application accounts) that you use to access the Service (“log in with”) and for any activities or actions originating from these accounts. We encourage you to take measures against others accidentally or intentionally gaining access to the Service using your third-party accounts, including using secure passwords and logging out.
You have to make sure that you do not log into the Service using an account that is not yours, especially if accessing the Service from a device shared with others. One way to do that is to visit the social networking website in question in the same browser window and verify that no other user is currently logged in there. You agree to make sure that all social accounts you find under Settings after logging into the Service belong to you, because third-party accounts that you use are “linked” in a sense that any of them can be used to access the Service on your behalf. If some (but not all) of the accounts listed are not yours, you must unlink them immediately. If none of the listed accounts belong to you, you have to log out before continuing to use the Service.
Evrywall cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Content is the sole responsibility of the person who originated it. We may not control or monitor the Content Posted via the Service, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials Posted via or obtained through the Service is at your own risk.
We do not support, endorse, represent or guarantee the truthfulness, completeness, accuracy, or reliability of any Content or communications Posted using the Service or endorse any opinions expressed via the Service. You accept that you may be exposed to Content that might be harmful, offensive, inaccurate or otherwise inappropriate, mislabeled, confusing or deceptive. Under no circumstances will Evrywall be liable in any way for any Content, including, but not limited to, any omissions or errors in Content, or any damage or loss of any kind suffered as a result of the use of any Content Posted, emailed or otherwise made available via the Service or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you Post using the Service. By Posting Content via the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Evrywall to provide, promote, and improve the Service and to make Content Posted on the Service available to other companies, organizations or individuals who partner with Evrywall for the broadcast, syndication, distribution or publication of such Content on other media and services, subject to our terms and conditions for such use of Content.
Such additional uses by Evrywall, or other companies, organizations or individuals who partner with Evrywall, may be made with no compensation paid to you with respect to the Content that you Post using the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other Users and our third party partners. You understand that your Content may be broadcast, syndicated, distributed, or published by our partners and if you do not have the right to Post Content for such use, it may subject you to liability. Evrywall will not be liable or responsible for any use of your Content by Evrywall in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you Post.
6. Your License To Use the Service
Evrywall gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Evrywall as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Evrywall and in the manner permitted by these Terms.
7. Rights of Evrywall
All right, title, and interest in and to the Service (excluding Content provided by Users) are and will remain the exclusive property of Evrywall and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, Canada and other countries. Nothing in the Terms gives you a right to use the Evrywall name or any of the Evrywall trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Evrywall or the Service is entirely voluntary. We we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Service
Please review the Rules of Evrywall (which are part of your User Agreement with us) to better understand what is expected and prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, to suspend or terminate Users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Evrywall, its Users and the public.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Evrywall's computer systems, or the technical delivery systems of Evrywall's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Evrywall (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Evrywall (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Evrywall is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, or attempt to do so, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
9. Copyright Policy
Evrywall requires users of the Service to respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us, using our contact information, with the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Evrywall will also terminate a User's account if the user is determined to be a repeat infringer.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Evrywall as follows.
You may end your legal agreement with Evrywall at any time for any or no reason by deactivating all your current Walls, deleting third-party applications used to log into and access the Service (see help and support sections of the corresponding social networking websites), and discontinuing your use of the Service. You do not need to specifically inform Evrywall when you stop using the Service.
We may suspend or terminate your accounts or cease providing you with the Service or parts of it at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Rules of Evrywall, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Service to you is no longer commercially viable. In some such cases, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Evrywall's rights to change, limit or stop the provision of the Service without prior notice, as stated above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Evrywall and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Evrywall Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Service is Available “AS-IS“
Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE EVRYWALL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Evrywall Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Evrywall Entities or through the Service, will create any warranty or representation not expressly made herein.
The Service may contain links to third-party websites or resources. You acknowledge and agree that the Evrywall Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Evrywall Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EVRYWALL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EVRYWALL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EVRYWALL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EVRYWALL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Evrywall to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by Canadian law without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the federal or provincial courts located in Greater Vancouver area, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at evrywall.com/terms. If we make a change that, in our sole discretion, is material, we will notify you via the email address you have provided to us, or by placing a prominent notice on the evrywall.com website. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: May 20, 2016