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    Every 15 Minutes Terms of Us Agreement

  • Proprietary Rights in Content on Every 15 Minutes.

    • Every 15 Minutes does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Every 15 Minutes Services. By displaying or publishing ("posting") any Content on or through the Every 15 Minutes Services, you hereby grant to Every 15 Minutes and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Every 15 Minutes Services. Every 15 Minutes and/or other Users may copy, print or display publicly available Content outside of the Every 15 Minutes Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Every 15 Minutes Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Every 15 Minutes Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Every 15 Minutes Website as soon as practicable.

    • You represent and warrant that: (i) you own the Content posted by you on or through the Every 15 Minutes Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Every 15 Minutes Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Every 15 Minutes Services.

    • The Every 15 Minutes Services contain Content of Every 15 Minutes ("Every 15 Minutes Content"). Every 15 Minutes Content is protected by copyright, trademark, patent, trade secret and other laws, and Every 15 Minutes owns and retains all rights in the Every 15 Minutes Content and the Every 15 Minutes Services. Every 15 Minutes hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Every 15 Minutes Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Every 15 Minutes Services.

    • The Every 15 Minutes Services contain Content of Users and other Every 15 Minutes licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Every 15 Minutes Services.

    • Every 15 Minutes performs technical functions necessary to offer the Every 15 Minutes Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Every 15 Minutes Services.

    • Although the Site and other Every 15 Minutes Services are normally available, there will be occasions when the Site or other Every 15 Minutes Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Every 15 Minutes. Also, although Every 15 Minutes will normally only delete Content that violates this Agreement, Every 15 Minutes reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Every 15 Minutes in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Every 15 Minutes encourages you to maintain your own backup of your Content. In other words, Every 15 Minutes is not a backup service. Every 15 Minutes will not be liable to you for any modification, suspension, or discontinuation of the Every 15 Minutes Services, or the loss of any Content.

  • Content Posted.

    • Every 15 Minutes may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Every 15 Minutes violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Every 15 Minutes assumes no responsibility for monitoring the Every 15 Minutes Services for inappropriate Content or conduct. However, on both free and PRO accounts, and regardless of whether the Content is public or private, Every 15 Minutes may choose to monitor such Content at any time, in its sole discretion. If at any time Every 15 Minutes chooses to monitor the Every 15 Minutes Services, Every 15 Minutes nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    • You are solely responsible for the Content that you post on or through any of the Every 15 Minutes Services, and any material or information that you transmit to other Users and for your interactions with other Users.

  • Content/Activity Prohibited. You must use the Every 15 Minutes Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Every 15 Minutes Services. Every 15 Minutes reserves the right to investigate and take appropriate legal action against anyone who, in Every 15 Minutes's sole discretion, violates this provision, including without limitation, removing the offending Content from the Every 15 Minutes Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Every 15 Minutes:

    • is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • exploits people in a sexual or violent manner;
    • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

    • solicits personal information from anyone under 18;
    • publicly posts information that poses or creates a privacy or security risk to any person;

    • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    • constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    • involves commercial activities and/or sales without prior written consent from Every 15 Minutes such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    • includes a photograph or video of another person that you have posted without that person's consent; or
    • violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

    The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Every 15 Minutes Services. Every 15 Minutes reserves the right to investigate and take appropriate legal action against anyone who, in Every 15 Minutes's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    • criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

    • advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Every 15 Minutes Services. You may not transmit any chain letters or junk email to other Users.

    • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Every 15 Minutes Services

    • Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Every 15 Minutes Services to send altered, deceptive, or false source-identifying information;

    • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    • interfering with the access of any User, host or network to the Site;

    • covering or obscuring the banner advertisements on your personal profile page, or any Every 15 Minutes page via HTML/CSS or any other means;

    • including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;

    • any automated use of the system, such as, but not limited to, using scripts to send images or videos;
    • interfering with, disrupting, or creating an undue burden on the Every 15 Minutes Services or the networks or services connected to the Every 15 Minutes Services;

    • impersonating or attempting to impersonate another User, person or entity;

    • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    • selling or otherwise transferring your profile;

    • using any information obtained from the Every 15 Minutes Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
    • displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Every 15 Minutes Services on behalf of that person or

    • deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;

    • using any meta tags or other hidden text or metadata utilizing a Every 15 Minutes name, trademark, URL or product name without Every 15 Minutes's express written consent;

    • attempting to probe, scan or test the vulnerability of any Every 15 Minutes Service or breach any security or authentication measures;

    • collecting or store personal data about other users without their express permission;

    • impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or

    • using the Every 15 Minutes Services in a manner inconsistent with any and all applicable laws and regulations

  • Disclaimers. Every 15 Minutes is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Every 15 Minutes Services, whether caused by Users of the Every 15 Minutes Services or by any of the equipment or programming associated with or utilized in the Every 15 Minutes Services and such Content does not necessarily reflect the opinions or policies of Every 15 Minutes. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. Every 15 Minutes is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Every 15 Minutes. Inclusion of any linked website on the Every 15 Minutes Services does not imply approval or endorsement of the linked website by Every 15 Minutes. When you access these third-party sites, you do so at your own risk. Every 15 Minutes takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Every 15 Minutes Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Every 15 Minutes is not responsible for the conduct, whether online or offline, of any User of the Every 15 Minutes Services. Every 15 Minutes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Every 15 Minutes is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Every 15 Minutes Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Every 15 Minutes Services. Under no circumstances shall Every 15 Minutes be responsible for any loss or damage, including personal injury or death, resulting from use of the Every 15 Minutes Services, from any Content posted on or through the Every 15 Minutes Services, or from the conduct of any Users of the Every 15 Minutes Services, whether online or offline. The Every 15 Minutes Services are provided "AS-IS" and as available and Every 15 Minutes expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Every 15 Minutes cannot guarantee and does not promise any specific results from use of the Every 15 Minutes Services.

  • Limitation on Liability. IN NO EVENT SHALL Every 15 Minutes BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Every 15 Minutes SERVICES, EVEN IF Every 15 Minutes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Every 15 Minutes'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Every 15 Minutes FOR THE Every 15 Minutes SERVICES DURING THE TERM OF MEMBERSHIP.

  • Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Every 15 Minutes agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Every 15 Minutes Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

  • Indemnity. You agree to indemnify and hold Every 15 Minutes, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Every 15 Minutes Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Every 15 Minutes Services causes Every 15 Minutes to be liable to another.

  • Protecting Copyrights and Other Intellectual Property. Every 15 Minutes respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Every 15 Minutes has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Every 15 Minutes Services in a way that constitutes copyright infringement.

  • Other. This Agreement is accepted upon your use of the Site or any of the Every 15 Minutes Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Every 15 Minutes regarding the use of the Every 15 Minutes Services. The failure of Every 15 Minutes to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.