These Terms of Service (these "Terms") govern your access to and use of the Services (defined below) offered by or on behalf of 96 Problems KK (the "Company"). The Services includes the services and media hosted on the Company Internet website at https://www.fromEveryst.com/, the Everyst Stories mobile application, and other current and future websites, applications and social media accounts (such as Twitter, Instagram, Facebook, etc.) under the operation or control of the Company, and any other similar services that state that they are covered by and subject to these Terms (collectively, the “Services”). In connection with your use of the Services, you may choose to upload, transmit, provide or otherwise make available to Company information, dialogue, text, graphics, character profiles, manuscripts, story scenarios, photos, videos and other works of authorship for use and publication on the Services (collectively referred to as “Content”). Your continuing access to and use of the Services are, among other things, conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Services.
1. Basic Terms
You must be at least 13 years old to use the Services. If you are not 13 years old, you are not authorized to use and access the Service.
You must not post unauthorized, unlawful, misappropriated, or pornographic Content to the Services.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information on the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, sexual persuasion, non-public phone numbers or non-public email addresses.
You must not create or submit unsolicited stories, messages, likes, retweets, follows or other forms of commercial or harassing communications (a.k.a. "spam") to any person through use of the Services.
You are solely responsible for your use of the Services and for any Content you post to the Services. You should assume that in all cases the Content you submit, post, or display through the Services will be publicly viewable. Please keep this in mind when you submit Content to the Service.
You may use the Services only if you currently legally capable of agreeing to and being bound by these Terms. By using the Service, you represent and warrant that you are not a person barred from receiving services under the laws of the United States of America or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and any applicable local, state, national, and international laws, rules and regulations.
The Services that the Company provides are evolving and the form and nature of the Services that the Company provides may change from time to time upon notice to you or to the general public. In addition, the Company may stop (permanently or temporarily) providing the Services (or any specific functionalities and features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2. Privacy and Consent to Transfer Data
You understand that your use of the Services will entail the collection and use of your personal information and Content, including the transfer of such information and content to the United States of America (and other countries as necessary) for storage, processing and use by the Company, including for use with the Service. By using the Service, you hereby consent to the collection and use of your personal information. As part of providing you the Services, the Company may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
3. Content on the Services
All Content, whether publicly posted or privately transmitted by you (for example, support emails), is the sole responsibility of the person who originated such Content. The Company is under no obligation to screen or monitor the Content you post to the Services, but the Company may edit, delete or remove Content at any time and for any reason in its sole discretion.
The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions of users expressed via the Services. Under no circumstances will the Company be liable to you in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
4. Your Rights to Content and Company License Grant
You retain your rights to any Content you upload, submit, post or display on or through the Services. Nevertheless, by submitting, uploading, posting or displaying Content on or through the Services, you hereby grant to the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully paid-up license (with the right to sublicense at multiple levels) to use, copy, reproduce, process, adapt, prepare derivative works, modify, edit, publish, publicly perform, publicly display, transmit, and distribute your Content, in whole or in part, in any and all forms of media and by any and all methods of distribution and transmission (now known or later developed).
Without limiting the foregoing, you acknowledge and agree that aforementioned license rights to your Content includes the right of the Company:
(i) to provide, promote, and improve the Services and create social media accounts based on characters appearing in your Content;
(ii) to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by the Company, or by third party companies, organizations or individuals who partner with the Company, may be arranged and had with no compensation paid to you with respect to such use of the Content. Furthermore, the Company has no duty or obligation to account to you for any such use of the Content;
(iii) to modify or adapt your Content, or combine or link your Content with the Content of others; and
(iv) to 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.
In connection with Content that you submit to the Company, the Company will give you attribution as author of any Content it publishes. In connection with the submission of Content, you will deliver to the Company a brief biographical profile. Your biographical profile will highlight your experience, published works and background. You will provide the Company with updates to the profile from time to time. You hereby grant the Company a worldwide, perpetual, irrevocable license, in connection with your Content, or the marketing of the Service, to use, distribute, publicly display, make available and edit your biographical profile for purposes of associating it with the Content you submit.
5. Your Rights to Requested Content
Any Content requested by the Company, including any work submitted by you in response to topics and themes described and provided by the Company to You (such Content “Requested Content”), shall be deemed a "Work Made for Hire" as that term is defined and understood under the U.S. Copyright Act and the Company shall own all right, title and interest in Requested Content. If any Requested Content is deemed not to be Work Made for Hire, you shall be deemed hereby to have assigned to the Company all right, title and interest to Requested Content, including, all copyrights and other intellectual property rights. Upon the request of the Company, you agree to execute and deliver any further deeds, assignments or conveyances the Company requests to assign or record the Company’s rights. You may not use, re-publish or publicly disseminate any Requested Content unless separate written permission is obtained from the Company.
The attribution provisions described above in relation to Content shall equally apply to Requested Content, except that the Company is not obligated to give you attribution in the case of Requested Content.
6. Company Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors. The Services may be protected by patent, copyright, trademark, and other forms of intellectual property. Nothing in the Terms should be read or construed to give you any right or license to use or authorize the use of the Company intellectual property, including any patents, copyrights, names, trademarks, logos, domain names, and other distinctive features. Any licenses granted to you to the Company intellectual property shall be separately agreed.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about improving or changing the Company or the Services (collectively, "Feedback") shall be treated as non-confidential by the Company and shall become the property of the Company upon submission. You hereby agree that the Company will have a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully paid-up license (with the right to sublicense at multiple levels) to use, copy, reproduce, process, adapt, prepare derivative works, modify, edit, publish, publicly perform, publicly display, transmit, and distribute such Feedback for any purpose, commercial or otherwise, without acknowledgment or accounting compensation to you.
7. Restrictions on Content and Use of the Services
The Company reserves the right at all times, in its sole discretion, but without any obligation, to edit, modify, remove or refuse to distribute any Content on the Services without liability to you.
The Company also reserves the right to access, read, preserve, and disclose any Content and Requested Content that the Company, in its sole discretion, believes is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request;
- enforce the Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues;
- respond to user support requests; or
- protect the rights, property or safety of the Company, its users and the public.
You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, the Company computer systems, or the technical delivery systems of the Company's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of the Company is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- 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 Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- use or attempt to use another user’s account without authorization from that user and the Company;
- attempt to circumvent any techniques the Company employs to filter Content.
8. Copyright Policy
The Company respects the intellectual property rights of others and expects users of the Services to do the same.
The Company reserves the right to limit access to the Service and terminate the accounts of users who infringe the intellectual property rights of others. If you submit any Content or Requested Content that you later learn to infringe the rights of others or unauthorized for use on the Service, you agree to give the Company notice regarding such Content or Requested Content.
If you believe that anything on the Services infringes any copyright that you own or control, you may notify the Company as follows:
Please see our Copyright policy here https://www.fromEveryst.com/copyright
If you submit any Content to the Services that is unauthorized or infringing of the rights of others, you may be liable to the Company for certain costs and damages.
9. Termination of the Service
The Terms will continue to apply to the Content and Requested Content submitted by you even after you or the Company have terminated your use of the Service. You may end, at any time for any or no reason, your use of the Service simply by discontinuing your access and use of the Services. You do not need to specifically inform the Company when you stop using the Services.
The Company may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason upon notice, including, but not limited to, if the Company believes: (i) you have violated these Terms, (ii) you create risk or possible legal liability for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of the termination.
In all such cases, except for you no longer having access to the Service, these Terms shall survive termination of the Service.
Without limiting the foregoing, nothing in this section shall affect the Company's rights to change, limit or stop the provision of the Services upon notice.
10. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Company and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Company 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. The Company does not control, endorse or take responsibility for any third-party content available on or linked to by the Services, including Content posted by you or other users. Your submission of Content or Requested Content, whether used by the Company on the Service or not, is not intended, and nothing here shall create, any partnership, joint venture or joint authorship between you and the Company.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMPANY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Company Entities make no warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or reliability of the Services 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 Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services 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 Company Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Company 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 the Company 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY 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 SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
11. Arbitration Provision/Class-Action Waiver
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except in the case of a breach of Section 7, any dispute, controversy or claim arising out of or relating to these Terms or any of the Services, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be Seattle, Washington, U.S.A. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and the Company agree that any dispute arising out of or related to these Terms or the Services is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that the courts of Seattle, Washington, U.S.A have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is deemed waived and permanently barred to the fullest extent of applicable law, which means that you and the Company will not have the right to assert the claim.
12. General Terms
Waiver and Severability
The failure of the Company 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.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York of the United States of America without regard to or application of its conflict of law provisions or your country of residence.
These Terms, as updated and amended from time to time as provided herein, are the entire and exclusive agreement between the Company and you regarding the Services (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of these Terms), and the then current version of these Terms in effect on the date any legal action is commenced shall supersede and replace any prior agreements and Terms between the Company and you regarding the Services.
These Terms may be revised from time to time, the most current version will always be at fromEveryst.com/terms. By using the Services you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at legal [at] 96problems [dot] com
Last Revised Date: March 17, 2017