Welcome to from: Everyone!
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE fromeveryone.com WEBSITE, USING THE from: Everyone CONTENT, OR USING THE SERVERS OPERATED BY from: Everyone OR ANY SERVICES NOW OR HEREAFTER OFFERED BY from: Everyone OR ITS SUCCESSORS (COLLECTIVELY THE "from: Everyone SERVICE"), YOU, AS AN INDIVIDUAL OR AS A SINGLE USER OF THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" OR "YOUR" AS APPLICABLE) ARE BOUND BY THE NOTICES, TERMS AND CONDITIONS IN THESE TERMS OF USE AND ELSEWHERE ON fromeveryone.com (INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE YOU WILL HAVE NO RIGHT TO USE THE fromeveryone.com WEBSITE OR THE SERVICES DESCRIBED HEREIN.
We may change or modify these Terms of Use at any time by posting new terms and conditions on this page. These Terms of Use may not otherwise be changed or modified, except in writing signed by an authorized representative of from: Everyone. Your continued use of the from: Everyone Service, following any changes or modifications to these Terms of Use, constitutes your acceptance of the changes or modifications.
Overview
The Website offers a service which allows you to organize a group gift, invite people to participate, aggregately collect contributions toward the group gift and send the gift. These Terms of Service apply to the from: Everyone Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the from: Everyone Service when first made available through the Site.
Use of the from: Everyone Service
Subject to these Terms of Use, our Privacy Policy, and terms and conditions of any separate licenses or other agreements You may be required to accept in order to use certain portions of the from: Everyone Service, You are authorized to access and make use of the from: Everyone Service as set forth below.
You affirm to from: Everyone that if You are an individual (i.e., not a corporation), then You are at least 18 years of age. You also certify that You are legally permitted to use the from: Everyone.com Service and access the from: Everyone.com website, and that You take full responsibility for the selection and use of the from: Everyone Service and access of the from: Everyone.com website. This Agreement is void where prohibited by law and the right to access the from: Everyone.com website is revoked in such jurisdictions.
You may view and use the from: Everyone.com website to which You have been given access by from: Everyone. You may make one complete and unmodified copy of any page on this website to which You have been given access, provided You retain all copyright, trademark and other proprietary rights notices and that You use it solely for personal, noncommercial purposes and do not distribute or republish it in any way. You may obtain access to the from: Everyone Service, provided You pay any applicable charges (if any) and agree to the terms and conditions of these Terms of Use or any license agreement or other agreement governing access to from: Everyone products or services.
Termination
from: Everyone may terminate Your access to all or any part of the from: Everyone Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the from: Everyone Service at any time, provided that all provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of Your account, Your right to use the from: Everyone Service, access the from: Everyone.com website and any content will immediately cease.
Rules and Conduct As a condition of use, You promise not to use the from: Everyone Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws).
By way of example, and not as a limitation, You agree not to (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the from: Everyone Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, obscene, offensive, profane, or pornographic;
- misrepresents the source or identity of any content;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of from: Everyone or any third party;
- or impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of from: Everyone.
Additionally, You agree that You will not: (i) take any action that imposes, or may impose in from: Everyone’s sole discretion an unreasonable or disproportionately large load on from: Everyone’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the from: Everyone Service or any activities conducted on the from: Everyone Service; (iii) bypass any measures from: Everyone may use to prevent or restrict access to the from: Everyone Service, other accounts, or computer systems or networks connected to the from: Everyone Service; or (iv) interfere with any other user's enjoyment of the from: Everyone Service.
You shall not (and You shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the from: Everyone Service or any content available through the from: Everyone website (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that You receive hereunder. In addition, You shall not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the from: Everyone Service in a manner which sends more request messages to the from: Everyone server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials that we may make publicly-available, but not caches or archives of such materials; provided that, we reserve the right to revoke these exceptions either generally or in specific cases. Further, You shall only be permitted to be connected to the from: Everyone Service for a reasonable amount of time, e.g. no more than a typical person would normally need to read, view, submit materials and learn from the from: Everyone Service. from: Everyone reserves the right to monitor your usage of the from: Everyone Service and terminate your access at any time upon reasonable suspicion of the foregoing improper uses.
You shall not harvest or collect information from the from: Everyone Service, including, without limitation, information about other users of the from: Everyone Service. The use of any information learned through the from: Everyone Service or while in the from: Everyone website is limited to the express purposes set forth in these Terms of Use; all other uses are strictly prohibited.
Except as expressly authorized herein, You shall not copy or otherwise display any portion of the from: Everyone.com website or any of its contents. No hyperlinks to any password protected web pages on the from: Everyone.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by from: Everyone in our sole discretion.
Registration
As a condition to using certain non-publicly available components of the from: Everyone Service, You may be required to register with from: Everyone and select a password and screen name ("from: Everyone User ID"). You shall provide from: Everyone with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your from: Everyone account. You may not (i) select or use as a from: Everyone User ID a name of another person with the intent to impersonate that person; (ii) use as a from: Everyone User ID a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a from: Everyone User ID a name that is otherwise offensive, vulgar or obscene. from: Everyone reserves the right to refuse registration of, or cancel a from: Everyone User ID in its sole discretion.
You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your from: Everyone password. You may not share Your from: Everyone password with any third party. You may never use another user's account without such other user's express permission. You will immediately notify from: Everyone in writing of any unauthorized use of Your account, or other account related security breach of which You are aware or of which You should be aware.
Privacy Policy As explained above, Your use of the from: Everyone Service is subject to Your acceptance of our Privacy Policy. Please read the Privacy Policy carefully for disclosures relating to the collection and use of Your personal information.
Links to Third Party Websites As a convenience for its users, from: Everyone may provide links on this website to other websites owned by third parties. Unless otherwise stated, from: Everyone does not endorse or control these third parties and takes no responsibility for them or their websites.
No Warranties You acknowledge that from: Everyone has no control over, and no duty to take any action regarding: which users gain access to the from: Everyone Service; what content You access via the from: Everyone Service; what effects the content may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content. You release from: Everyone from all liability for having acquired or not acquired content through the from: Everyone Service. The from: Everyone Service may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. from: Everyone makes no representations concerning any content contained in or accessed through the from: Everyone Service, and from: Everyone will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the from: Everyone Service. THE FROM: EVERYONE SERVICE IS PROVIDED BY FROM: EVERYONE "AS IS" AND "AS AVAILABLE". FROM: EVERYONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE FROM: EVERYONE SERVICE OR ITS CONTENT, AND FROM: EVERYONE DISCLAIMS ALL WARRANTIES REGARDING THE FROM: EVERYONE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE FROM: EVERYONE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). SOME STATES TO DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): FROM: EVERYONE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE OR OTHERWISE IN CONNECTION WITH THE FROM: EVERYONE SERVICE. from: Everyone will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User Material stored on Company's equipment, transmitted over networks accessed by the from: Everyone website, or otherwise connected with Your use of the from: Everyone Service.
Limitation on Damages IN NO EVENT SHALL FROM: EVERYONE OR ANY OF ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE FROM: EVERYONE SERVICE, OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE FROM: EVERYONE SERVICE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, EVEN IF FROM: EVERYONE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF DAMAGES SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, FROM: EVERYONE'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and International Use The from: Everyone Service is controlled and offered by from: Everyone from its facilities in the United States of America. from: Everyone makes no representations that the from: Everyone Service is appropriate or available for use in other locations. Those who access or use the from: Everyone Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Santa Clara, California, United States of America for any claim or action arising out of or relating to these Terms of Use or Your use of the from: Everyone Service. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
Miscellaneous Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and You may not revise or amend these Terms of Use without the prior written authorization of an officer of from: Everyone. If any provision of these Terms of Use is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms of Use will not be affected. No delay or failure by from: Everyone to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. These Terms of Use are not assignable, transferable or sublicensable by You except with from: Everyone's prior written consent. from: Everyone may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and You do not have any authority of any kind to bind from: Everyone in any respect whatsoever.
Digital Millennium Copyright Act Notice from: Everyone has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of from: Everyone's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is from: Everyone's policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If You believe that content residing on or accessible through the from: Everyone.com website or through the from: Everyone Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that from: Everyone is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is from: Everyone's policy:
1. to remove or disable access to the infringing content;
2. to notify the content provider, member or user that it has removed or disabled access to the content; and
3. that repeat offenders will have the infringing content removed from the system and that from: Everyone will terminate such content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which from: Everyone is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, from: Everyone's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at from: Everyone's discretion.
Please contact from: Everyone to Receive Notification of Claimed Infringement at the following address:
from: Everyone
4546 El Camino Real B10-374
Los Altos, California 94022
Phone: 650.492-1108
E-mail: customerservice@fromeveryone.com
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