Acceptance of Terms
EverThere reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to these Terms, your only remedy is to discontinue your use of the Services.
If you violate these Terms, EverThere reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Services. You agree that EverThere does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice in its sole discretion.
You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.
You agree that EverThere may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Services you are of legal age to form a binding contract with EverThere or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 13 years of age. You may not use the Services and may not accept these Terms if you are a person barred from receiving the services through the Services under the laws of the country in which you are resident or from which you use the Services.
Description of the Services
As a participant (the “Attendee“) of certain event (the “Event“) organized by certain third party (the “Event Organizer“), you have been provided by the Event Organizer with an access to our digital event swag bag platform (the “Platform“). Much like traditional event swag bags, the Platform allows you to elect special promotional offerings and advertisements made available by the Event Organizer and/or third party advertisers to the Attendees of the Event (each, an “Offer“).
You hereby acknowledge and agree that we do not control the use, processing, storage, transmission and/or other dissemination of your information by any Event Organizer and/or any third party.
EverThere shall not assume any responsibility to any content and/or services which are published, displayed and/or suggested through the Services, their integrity, accuracy and/or reliability. EverThere cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. EverThere takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
Access to the Services
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. EverThere does not provide you with the equipment to access and/or use the Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers or air time charges).
Logging in to the Services
When you register to, or use, the Services or any portion thereof, we may collect and record the information you provide to us, whether through the Services or through social networks or other third party services.
Subject to your compliance with these Terms, EverThere grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Services. Use of the Services shall be solely for your own, private, non-commercial purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Services shall immediately terminate, and you shall immediately refrain from using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services, and must refrain from using the Services.
Intellectual Property Ownership
EverThere and/or its affiliates retain all rights in the Services’ materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) other than the content of any Event Organizer (collectively, “Services’ Materials”). The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Services’ Materials without EverThere’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from EverThere. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your use of the Services as well as severe civil and criminal penalties.
EverThere and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Services’ Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Services’ Materials, or rights to any derivative works thereof.
Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, EverThere, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. EverThere makes no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any Third Party Materials (as defined below) and assumes no liability or responsibility for any:
- Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- Direct, indirect, special, incidental, punitive or consequential damages, including, without derogating, personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;
- Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Services;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or
- 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 posted, e-mailed, transmitted, or otherwise made available through the Services.
Without derogating from the abovementioned, in no event will EverThere, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not EverThere has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law. You specifically acknowledge that EverThere shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. In no event shall EverThere’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (US$ 50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to indemnify and hold EverThere, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
a. Your use of and access to the Services;
b. Your violation of any term of these Terms; or
c. Your violation of any third party right, including without limitation any copyright, property, or privacy right.
Third Party Material
You may be able to access, review or use third party services, resources, content, information or links to other websites, computer software or resources (collectively, “Third Party Materials”) through the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and EverThere disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that EverThere: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by EverThere of Third Party Materials or any such third party services.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Notices to you may be made through the Services and/or e-mail. EverThere may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that EverThere provide as aforementioned satisfy any legal requirement that such communications be in writing.
By using or accessing the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and EverThere. Any claim or dispute between you and EverThere that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. EverThere reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND EVERTHERE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last update: Jul 26th,2016
All rights reserved, Gramsoft Ltd. 2016