1. Acceptance of These Terms of Use
eVeek (referred to as the "Service" or " eVeek ") is provided to you free of charge unless otherwise indicated. In its discretion, eVeek reserves the right to charge fees for or discontinue any part of the Service at any time. BY USING AND/OR VISITING EVEEK, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, SERVICES, CONTENT, APPLICATIONS OR OTHER FEATURES THAT MAY BE AVAILABLE FROM TIME TO TIME IN CONNECTION WITH THE SERVICE, YOU AGREE TO BE BOUND BY BOTH THIS TERMS OF USE AGREEMENT and the EVEEK PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLIES TO ALL USERS OF EVEEK, WHETHER MEMBER OR VISITOR. EACH TIME YOU USE OR ACCESS EVEEK YOU ARE RESPONSIBLE FOR BEING FAMILIAR WITH ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, WHICH MAY OCCUR FROM TIME TO TIME. In the event we modify these Terms of Use, eVeek reserves the right, and at its full discretion and without any obligation, to provide you notice of such changes to any e-mail or postal address you have provided to eVeek. If you cannot agree with any of these Terms of Use, please do not use or access eVeek.
2. Access to eVeek
You are solely responsible to arrange and to pay for any service fees associated with your ability to access eVeek as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of eVeek, any equipment, software or otherwise usage that may cause any interference with the Service, shall result in immediate disconnection from the Service.
3. Eligibility, Membership and Termination
Eligibility to Use eVeek
In order to use eVeek as a member or a visitor you must affirm that (i) you are able to understand and accept these Terms of Use and abide by its terms; (ii) should you decided to register and become a member, all registration information you provide will be accurate and truthful and you agree to timely maintain this information
Your Account and Information
You are entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify eVeek should your password or any of your information be compromised and of any such unauthorized use. Any information provided by you or gathered by eVeek or Third Parties during any use of eVeek shall be subject to the EVEEK PRIVACY POLICY .
Termination
Should you violate or breach these Terms of Use, eVeek reserves the right, at its sole discretion and without notice, to suspend or terminate these Terms of Use, your membership, any and all content and information you may have provided and your ability to access any part of eVeek. Even after termination of these Terms of Use, provisions 5, 9, 10, 11 and 12 shall remain in effect.
4. Your Conduct
Your Responsibility for Your Conduct
You alone are responsible for your conduct on eVeek and for all the content you provide. Content may be provided to and appear on eVeek as text, graphics, images, audio, video, digital files, software or in other format ('Submissions'). eVeek does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. eVeek expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety
You alone are responsible for your physical and financial safety when you post information about yourself on eVeek, communicate with other members of the eVeek community or otherwise access services provided by eVeek.
Member Disputes
You are solely responsible for your interactions with other eVeek members. eVeek reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that eVeek, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
5. Intellectual Property Rights
Intellectual Property Rights
When you provide Submissions to eVeek, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions, you grant eVeek (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Use.
Other than Submissions you provide to eVeek, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively " eVeek Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to eVeek, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all eVeek Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of eVeek or respective owners. eVeek reserves all rights not expressly granted to you. If you download, print or display any eVeek Content for personal use, you must retain all copyright and other proprietary notices.
6. Content Submissions and Website Policies
Representations About Content You Provide
When you provide any Submissions to eVeek, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
Own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize eVeek to make use of these Submissions in the manner contemplated by the Service and these Terms of Use;
Have explicit permission, such as a signed, written consent and/or release of every person that may appear within the Submissions for eVeek to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Use;
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to eVeek Submissions of any kind that is, within the sole discretion of eVeek, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
Infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
Promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
Material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
Libelous or defamatory or promotes information that you know is false or illegal;
Violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
Solicits information from anyone under 18;
Provides any telephone numbers, street addresses, last names, URLs or email addresses;
Obscene, vulgar or contains profanity (whether or not such is masked, e.g. e*eek);
Pornographic or sexually explicit or contains nudity;
Exploits or attempts to exploit people in a sexual or violent manner;
Disparaging to eVeek or any third party;
An advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
Involves the transmission of any unsolicited mass mailing including but not limited to 'junk mail,' 'chain letters' and 'spam';
Contains restricted or password only access pages;
Video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
Selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
Unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
Otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Website Policies
In addition, you must agree to adhere to all of the following guidelines and requirements:
No Commercial Use. The Service is only for personal use of its members and may not be used in connection with any commercial endeavors unless explicitly approved by eVeek. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on eVeek, including within personal member profiles, without explicit written authorization of eVeek;
No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to 'robots', 'spiders', 'offline browsers' or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause eVeek to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18. or to obtain any telephone numbers, street addresses, last names, URL's or email addresses;
No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content or digital media transmitted through the Service, or (ii) obscure, cover or otherwise conceal any advertisements served by or for eVeek that may appear on your personal member page or any page on eVeek via HTML, CSS, Javascript or any other means, or (iii) circumvent, disable or otherwise interfere with any security measures which may limit, restrict or prevent use or copying of any Submissions or enforce limitations on the use of the Service, or (iv) deceptively manipulate content, such as to improve page rank in search engines, include excessive, repetitive, or irrelevant keywords in the content or code of web pages, etc.;
No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile;
No Unauthorized Linking or Framing. Should you wish to link to eVeek, you agree that you: (i) will not replicate the Service's content; (ii) will not frame or border environment around any of the Service's content; (iii) will not misrepresent any relationship with eVeek or imply that eVeek is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about eVeek on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of eVeek's own Content Submissions policy;
Despite these prohibitions, Submissions and/or websites that link to eVeek that may violate these Terms of Use may be available on the Service and eVeek assumes no responsibility or liability. If you become aware of such Submissions, please contact eVeek by notifying a forum administrator.
7. Violations of Intellectual Property Rights and Terms of Use
Provided proper notification, eVeek will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. eVeek assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, eVeek assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, eVeek may remove any Submission and/or terminate a member's account for violating any of these Terms of Use at any time and without notice. eVeek will terminate a member's account who is determined to have been notified of infringing activity more than twice and/or has had a Submission removed from the Service more than twice for infringing activity . eVeek reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Use.
8. Claims of Copyright Infringement
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to eVeek requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
Sufficient identification of the allegedly infringing material;
Sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
The complainant's name, address, telephone number and, if possible, your email address;
A written statement by the complainant of 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
A statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send eVeek a counter-notice.
9. Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVEEK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER 'EVEEK TEAM') DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EVEEK TEAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND EVEEK TEAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) 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 CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
EVEEK TEAM IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. EVEEK TEAM MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, EVEEK TEAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
10. Limitation of Liability
IN NO EVENT SHALL EVEEK TEAM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF EVEEK TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EVEEK TEAM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECFICALLY AGREE AND UNDERSTAND THAT EVEEK TEAM IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
11. Indemnification
You agree to defend, indemnify and hold harmless eVeek, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
12. General and Miscellaneous
You agree that the Service provided by eVeek shall be deemed solely provided and based in State of Washington, USA and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over eVeek, either specific or general, in jurisdictions other than the State of Washington. Any dispute that arises between you and eVeek shall be governed by the laws of the State of Washington, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in King County , Washington . These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eVeek without restriction. Should any provision of these Terms of Use be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Use, together with the Privacy Notice at www.eveek.com/privacy.html and any other legal notices published by eVeek on the Service, shall constitute the entire agreement between you and eVeek regarding the Service. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and eVeek's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND EVEEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at eVeek should you have any questions regarding these Terms of Use.
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