EQAL.COM Terms of Use Agreement
August 15, 2008
Eqal, Inc. (“EQAL” or “we”) operates
several interactive websites, some of which are comprised of social networking
services that allow Members to create unique personal profiles online in order
to find and communicate with other Members.
The services offered by EQAL include any EQAL-branded URL (collectively,
the "EQAL Website") and other features, content, or applications
offered from time to time by EQAL in connection with EQAL’s business (collectively,
the "EQAL Services"). EQAL
Services may also include those features, content, or applications accessed
through third parties integrating EQAL functionality through our application
programmer interfaces (“APIs” or otherwise.
The EQAL Services are hosted in the United States.
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of
the EQAL Services. By using the EQAL
Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the EQAL Website, including through a
mobile device, or otherwise use the EQAL Services without being registered) or
you are a "Member" (which means that you have registered with EQAL
and represent that you are registering as an individual and not as an
entity). The term "User"
refers to a Visitor or a Member. You are only authorized to use the EQAL
Services (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and the terms of this Agreement. Please read this
Agreement and save it. If you do not
agree to be bound by this Agreement and to follow all applicable laws, you
should leave the EQAL Website and discontinue use of the EQAL Services
immediately. If you wish to become a
Member, communicate with other Members and/or make use of the EQAL Services,
you must read this Agreement and indicate your acceptance during the
registration process.
This Agreement includes EQAL's policy
for acceptable use of the EQAL Services and Content (as defined in Section 6.1
below) posted on or through the EQAL Services and your rights, obligations and
restrictions regarding your use of the EQAL Services and Content posted on or
through the EQAL Services. In order to participate
in certain EQAL Services, you may be notified that you are required to download
software or content and/or agree to additional terms and conditions from
EQAL. Unless otherwise provided by the
additional terms and conditions applicable to the EQAL Services in which you
choose to participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of
this Agreement by emailing us at: info@eqal.com, Subject: Terms of Use
Agreement.
EQAL may modify this Agreement from
time to time and such modification shall be effective upon posting by EQAL on
the EQAL Website. Your continued use of
the EQAL Services after EQAL posts a revised Agreement signifies your
acceptance of the revised Agreement. It
is therefore important that you review this Agreement regularly to ensure you
are updated as to any changes.
Please choose carefully the
information you post on or through the EQAL Services and that you provide to
other Users. Your EQAL profile may not
include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other EQAL Members (for instance,
in their profile) may, in whole or in part, be unauthorized, impermissible or
otherwise violate this Agreement, and EQAL assumes no responsibility or
liability for this material. If you
become aware of misuse of the EQAL Services by any person, please email
info@eqal.com.
EQAL reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including private
messages) by you, or to deny, restrict, suspend, or terminate your access to
all or any part of the EQAL Services at any time, for any or no reason, with or
without prior notice or explanation, and without liability. EQAL expressly reserves the right to remove
your profile and/or deny, restrict, suspend, or terminate your access to all or
any part of the EQAL Services if EQAL determines, in its sole discretion, that you have violated this Agreement or pose a
threat to EQAL and/or its Users.
1.
Eligibility. Use of the EQAL Services and registration to be a Member
for the EQAL Services (“Membership”) is void where prohibited. By using the EQAL Services, you represent and
warrant that (a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; (c) you are 14 years of
age or older; and (d) your use of the EQAL Services does not violate any
applicable law or regulation. Your
profile may be deleted and your Membership may be terminated without warning,
if we believe that you are under 14 years of age, if
we believe that you are under 18 years of age and you represent yourself as 18
or older, or if we believe you are over 18 and represent yourself as under 18.
2.
Term. This Agreement, and any posted revision to this Agreement, shall
remain in full force and effect while you use the EQAL Services or are a
Member. You may terminate your
Membership at any time, for any reason, by following sending an email to info@eqal.com with the subject “Terminate
Account.” EQAL may terminate your
Membership at any time, for any or no reason, with or without prior notice or
explanation, and without liability. Even
after Membership is terminated, this Agreement will remain in effect, including
Sections 5-20.
3.
Third Party Content. The EQAL Web Site may contain EQAL Services that are provided for
your convenience and enjoyment. Third parties provide some of the EQAL
Services. You should be aware that the EQAL Services may contain errors,
omissions, inaccuracies, outdated information, and inadequacies and that the
EQAL Services may be subject to terms and conditions, which may be found on the
EQAL Web Site or in the documents and policies of third parties. We make no
representations or warranties as to the completeness, accuracy, adequacy,
currency or reliability of any EQAL Services and will not be liable for any
lack of the foregoing. Third party advertisers may offer goods, services and
other materials to you on the EQAL Web Site. Your correspondence and business
dealings with others found on or through the EQAL Web Site including, without
limitation, the payment and delivery of products and services, and any terms,
conditions, warranties and representations associated with such dealings, are
solely between you and the advertiser. You agree that EQAL will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or the offering of such products, services, and other EQAL
Services on the EQAL Web Site. Under certain circumstances, we may permit third
party users to upload content, in which event you may be exposed to offensive,
indecent or objectionable content.
Descriptions of, or references to, products, services or publications
within the EQAL Web Site do not imply endorsement of that product, service or
publication.
4.
Password. When you sign up to become a Member, you will also be asked to
choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You agree not to use the account, username,
or password of another Member at any time or to disclose your password to any
third party. You agree to notify EQAL
immediately if you suspect any unauthorized use of your account or access to
your password. You are solely
responsible for any and all use of your account.
5.
Use by Members. The EQAL Services are for the personal use of Members
and may be used for promotional purposes as well, but direct commercial
endeavors may only be used if they are specifically endorsed or authorized by
EQAL. EQAL reserves the right to remove
commercial content in its sole discretion.
Illegal and/or unauthorized use of the EQAL Services, including
collecting usernames, user id numbers, and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the EQAL Website, or employing third
party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links,
and other forms of unauthorized solicitation may be removed from Member
profiles without notice or explanation and may result in termination of
Membership privileges. EQAL reserves the
right to take appropriate legal action for any illegal or unauthorized use of
the EQAL Services.
6.
Proprietary Rights in Content on EQAL.
6.1 EQAL 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 EQAL Services. After posting your Content to the EQAL
Services, you continue to retain any such rights that you may have in your
Content, subject to the limited license herein.
By displaying or publishing ("posting") any Content on or
through the EQAL Services, you hereby grant to EQAL a limited license to use,
modify, delete from, add to, publicly perform, publicly display, reproduce, and
distribute such Content solely on or through the EQAL Services, including
without limitation distributing part or all of the EQAL Website in any media
formats and through any media channels.
This limited license does not grant EQAL the right to sell or otherwise
distribute your Content outside of the EQAL Services. After you remove your Content from the EQAL
Website we will cease distribution as soon as practicable, and at such time
when distribution ceases, the license will terminate. If after we have distributed your Content
outside the EQAL Website you change the Content’s privacy setting to “private,”
we will cease distribution of such “private” Content outside the EQAL Website
as soon as practicable after you make the change.
6.2 The license you grant to EQAL is
non-exclusive (meaning you are free to license your Content to anyone else in
addition to EQAL (provided such content is not based on or contain EQAL Content
(as defined below), fully-paid and royalty-free (meaning that EQAL is not
required to pay you for the use on the EQAL Services of the Content that you
post), sublicensable (so that EQAL is able to use its affiliates,
subcontractors and other partners such as Internet content delivery networks
and wireless carriers to provide the EQAL Services), and worldwide (because the
Internet and the EQAL Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the EQAL
Services or otherwise have the right to grant the license set forth in this
Section 6, and (ii) the posting of your Content on or through the EQAL Services
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and
any other monies owing any person or entity by reason of any Content posted by
you on or through the EQAL Services.
6.4 The EQAL Services contain Content of
EQAL ("EQAL Content"). EQAL
Content is protected by copyright, trademark, patent, trade secret and other
laws, and EQAL owns and retains all rights in the EQAL Content and the EQAL
Services. Your rights to the EQAL
Content are set forth in Section 9 below.
6.5 The EQAL Services contain Content of
Users and other EQAL 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 EQAL Services.
6.6 EQAL performs technical functions
necessary to offer the EQAL Services, including but not limited to transcoding and/or reformatting Content to allow its use
throughout the EQAL Services.
7.
Content Posted.
7.1 EQAL may reject, refuse to post or
delete any Content for any or no reason, including Content that in the sole
judgment of EQAL 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. EQAL assumes no responsibility for monitoring the EQAL
Services for inappropriate Content or conduct.
If at any time EQAL chooses, in its sole discretion, to monitor the EQAL
Services, EQAL 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.
7.2 You are solely responsible for the
Content that you post on or through any of the EQAL Services, and any material
or information that you transmit to other Members and for your interactions
with other Users.
8.
Content/Activity Prohibited. The following are examples of the kind of
Content that is illegal or prohibited to post on or through the EQAL
Services. EQAL reserves the right to
investigate and take appropriate legal action against anyone who, in EQAL's
sole discretion, violates this provision, including without limitation,
removing the offending Content from the EQAL Services and terminating the
Membership of such violators. Prohibited
Content includes, but is not limited to, Content that,
in the sole discretion of EQAL:
8.1 is patently
offensive and promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
8.2 inserts material of any kind that
contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated
use of the system, such as scripts, or other harmful component or restricts or
inhibits any other user's uninhibited use and enjoyment of the EQAL Services,
interferes with or disrupts the EQAL Web Site or servers or networks connected
to the EQAL Web Site, or disobeys any requirements, procedures, policies or
regulations of networks connected to the EQAL Web Site;
8.3 exploits
people in a sexual or violent manner;
8.4 contains
nudity, excessive violence, or offensive subject matter or contains a link to
an adult website;
8.5 solicits personal information from
anyone under 18;
8.6 publicly posts information that poses
or creates a privacy or security risk to any person;
8.7 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;
8.8 constitutes or promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacturer-installed copy-protect devices, or providing pirated music or
links to pirated music files;
8.9 involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or
"spamming";
8.10
contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
8.11
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;
8.12
solicits or collects personal data including telephone numbers,
addresses, last names, email addresses, passwords or personal identifying
information from other Users;
8.13
involves commercial activities and/or sales without prior written
consent from EQAL such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
8.14
includes a photograph or video of another person that you have posted
without that person's consent;
8.15
impersonates any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
8.16
violates the privacy rights,
publicity rights, copyrights, trademark rights, contract rights or any other
rights of any person;
8.17
intentionally or
unintentionally stalks, abuses, sexually exploits, violently exploits, acts
violently toward or harasses another User; or
8.18
knowingly communicates with any
User under the age of 14 or communicates in an inappropriate manner with a User
between 14 and 18 years of age.
The following are examples of the kind
of activity that is illegal or prohibited on the EQAL Website and through your
use of the EQAL Services. EQAL reserves
the right to investigate and take appropriate legal action against anyone who,
in EQAL's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not
limited to:
8.17
criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
8.18
advertising to, or solicitation of, any Member to buy or sell any
products or services through the unauthorized or impermissible use of the EQAL
Services. You may not transmit any chain
letters or junk email to other Members.
In order to protect our Members from such advertising or solicitation,
EQAL reserves the right to restrict the number of communications which a Member
may send to other Members in any 24-hour period to a number which EQAL deems
appropriate in its sole discretion. If
you breach this Agreement and send unsolicited bulk email, instant messages or
other unauthorized commercial communications of any kind through the EQAL
Services, you acknowledge that you will have caused substantial harm to EQAL,
but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay EQAL $50 for each such unsolicited email or other unauthorized
commercial communication you send through the EQAL Services;
8.19
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 EQAL Services;
8.20
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;
8.21
covering or obscuring the banner advertisements on your personal profile
page, or any EQAL page via HTML/CSS or any other means;
8.22
any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23
interfering with, disrupting, or creating an undue burden on the EQAL
Services or the networks or services connected to the EQAL Services;
8.26
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;
8.27
selling or otherwise transferring your profile;
8.28
using any information obtained from the EQAL Services in order to
harass, abuse, or harm another person or entity, or attempting to do the same;
8.29
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 EQAL Services on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins with a commercial purpose,
or sending private messages with a commercial purpose; or
8.30
using the EQAL Services in a manner inconsistent with any and all
applicable laws and regulations.
9. Use of
EQAL Content. In addition to the general
restrictions above, the following restrictions and conditions apply
specifically to your use of EQAL Content.
EQAL Content is provided to you AS IS for your information and
individual use only and may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of EQAL who
reserves all rights not expressly granted herein. Members are granted the
limited right to post User Comments containing EQAL Content. For clarification,
this means that Members are allowed to post EQAL Content in the form of video
transcripts, photographs, images, and other forms of communication on an EQAL
Website. For the avoidance of doubt,
such use DOES NOT enter the Public Domain through this permitted use. Only
those parts of the User Comments that originate from you enter the Public
Domain.
10.
Member Generated Material. As a
Member of the Website, you may submit video content ("Member Videos")
and textual content as well as images or photographs ("Member
Comments") (collectively "Member Submissions"). You understand
that whether or not such Member Submissions are published, EQAL does not
guarantee any confidentiality with respect to any Member Submissions.
10.1
Member Submissions are permitted and encouraged on the EQAL
Website. Member Submissions are solely
for your information and personal use; as intended through the normal functionality
of the EQAL Website; and for Streaming. "Streaming" means a
contemporaneous digital transmission of an audiovisual work via the Internet
from the EQAL Website to a user's device in such a manner that the data is
intended for real-time viewing and not intended to be copied, stored,
permanently downloaded, or redistributed by the user. Accessing Member Videos
for any purpose or in any manner other than Streaming is expressly prohibited.
Member Videos are made available "as is." In addition, Member Comments
are made available to Users for information and personal use solely as intended
through the normal functionality of the EQAL Website. Member Comments are made
available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal functionality of
the EQAL Website or otherwise as prohibited under this Agreement.
10.2
You understand that when using the EQAL Website, you will be exposed to
Member Submissions from a variety of sources, and that EQAL is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such Member. You further understand and acknowledge that you may be
exposed to Member Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against EQAL with respect
thereto, and agree to indemnify and hold EQAL, its owners/operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the EQAL Website.
10.3
Portions of the EQAL Website may provide you and other Members an
opportunity to submit, post, display, transmit and/or exchange Member
Submissions. You shall be solely responsible for your own Member Submissions
and the consequences of posting or publishing them. In connection with Member
Submissions, you affirm, represent, and/or warrant that: you own or have the
necessary licenses, rights, consents, and permissions to use and authorize EQAL
to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all Member Submissions to enable inclusion and use of
the Member Submissions in the manner contemplated by the EQAL Website and this
Agreement. Member Submissions do not reflect the views of the EQAL Website or
EQAL. We do not monitor, endorse, edit or screen any Member Submissions,
although we reserve the right to do so, nor shall we be liable for any Member
Submissions that are in violation of this Agreement. In no event shall the EQAL
Website or EQAL have or be construed to have any responsibility or liability
for or in connection with any Member Submissions whatsoever.
10.4
Member Comments, suggestions and information are important to us. If a
Member Comment originates from you or your account, you hereby agree that: (a)
you are placing the Member Comment in the Public Domain without reservation of
any rights or further control over the Member Comment or its use and you
specifically authorize EQAL, the EQAL Website, and their affiliates, licensees,
and assigns to use such Member Comments in whole or in part, throughout the
universe, in perpetuity in or on any and all media now known or hereafter
devised, and alone or together or as part of other information, content and/or
material of any kind or nature; (b) you represent and warrant that (i) the Member Comment is original to you or fully cleared
for use as contemplated herein, (ii) the Member Comment does and will not, in
any way, violate or breach any of the terms of this Agreement, (iii) the Member
Comment does not contain libelous, tortious, or
otherwise unlawful information, infringe or violate any copyright or other
right, or contain any matter the publication or sale of which will violate any
federal or state statute or regulation, (iv) the Member Comment is not obscene
or in any other manner unlawful, (v) the Member Comment shall not be injurious
to the health of the user, and (vi) we shall not be required to pay or incur
any sums to any person or entity as a result of our use or exploitation of the
Member Comment; and (c) we have the right to delete, re-format and/or change
your Member Comment in any manner that we may determine (although you will not
be responsible for any such changes made).
10.5
By submitting or uploading a Member Video to the EQAL Website, the
Member who submitted or uploaded the video ("Video Creator") hereby
grants other Members the right to post Member Comments containing the
intellectual property contained in Video Creator's Member Video. Both the Video
Creator's and EQAL’s intellectual property contained in the Member Comments DO
NOT enter the Public Domain. Only those parts of the Member Comment that
originate from you enter the Public Domain.
10.6
By uploading or submitting a Member Video to the EQAL Website, Video
Creator (a) represents and warrants that (i) the
Member Video is original to you or fully cleared for use as contemplated
herein, (ii) the Member Video does and will not, in any way, violate or breach
any of the terms of this Agreement, (iii) the Member Video does not contain
libelous, tortious, or otherwise unlawful
information, infringe or violate any copyright or other right, or contain any
matter the publication or sale of which will violate any federal or state
statute or regulation, (iv) the Member Video is not obscene or in any other
manner unlawful, (v) the Member Video shall not be injurious to the health of
the user, and (vi) we shall not be required to pay or incur any sums to any
person or entity as a result of our use or exploitation of the Member Video;
and (c) we have the right to remove your User Video from the Website for any
reason.
10.7
There are two types of Member Videos that may be uploaded or submitted
to the EQAL Website: 1) "Derivative Videos" and 2) "Original
Videos." Derivative Videos are
videos that are derivative works of EQAL Content, including, but not limited
to, ideas, characters, symbols, storylines, images, music, sounds, or video.
EQAL hereby grants all Members a worldwide, non-exclusive, royalty free,
irrevocable license to make Derivative Videos using the EQAL Content on the
following conditions: 1) the Derivative Video is created and distributed for
non-commercial purposes; 2) the Derivative Video is uploaded or submitted to
the EQAL Website; 3) a link to the EQAL Website is included wherever and
whenever a Derivative Video is distributed, posted, submitted, or uploaded
anywhere other than the EQAL Website; and 4) other people can make their own
Derivative Videos from your Derivative Video under the same terms and
conditions as this license. Original
Videos are videos that do not contain EQAL Content or other intellectual
property owned and controlled by EQAL.
10.8
A Video Creator has the option of assigning to Members a license to use
Video Creator's Original Video under the terms of any of the Creative Commons
licenses found at www.creativecommons.org. Once Video Creator has chosen a
Creative Commons license, include a text link to the license in the
description, summary, or other metadata of the Original Video. If Video Creator
does not select a Creative Commons license, the Original Video will be licensed
under US and International copyright law. For clarification, this means that by
default Video Creators own all the rights to their Original Videos.
10.9
When a Video Creator submits or uploads a Member Video to the EQAL
Website, Video Creator hereby grants the EQAL Website and EQAL and its heirs
and assigns a worldwide, royalty-free, non-exclusive, sub-licenseable
and transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the Member Video in connection with the EQAL
Website and EQAL's (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the EQAL
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each User of the Website a non-exclusive
license to access your Member Submissions through the EQAL Website, and to use,
reproduce, distribute, display and perform such Member Video as permitted
through the functionality of the EQAL Website and under this Agreement. The
above license granted by Video Creator terminates within a commercially
reasonable time after Video Creator removes or deletes the Member Video from
the EQAL Website. To have your Member Video removed from the EQAL Website,
email info@eqal.com, subject “Video
Removal.” You understand and agree, however, that the EQAL Website may retain,
but not display, distribute, or perform, server copies of Member Videos that
have been removed or deleted.
11.
Protecting Copyrights and Other Intellectual Property. EQAL 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. EQAL has the right to terminate
the Membership of infringers.
If you believe your work has been
copied and posted on or through the EQAL Services in a way that constitutes
copyright infringement, please send EQAL's Copyright Agent a notification of
claimed infringement with all of the following information: (a) identification
of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works; (b) identification of the claimed infringing material and information
reasonably sufficient to permit us to locate the material on the EQAL Services
(providing the URL(s) of the claimed infringing material satisfies this
requirement); (c) information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; (e) a
statement by you, made under penalty of perjury, that the above information in
your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f)
your physical or electronic signature.
EQAL's Copyright Agent for notification of claimed infringement can be
reached electronically by emailing info@eqal.com,
subject “Copyright.” EQAL provides
certain tools and technologies to help facilitate copyright owners’ control
over their copyrighted works.
12. Member Disputes. You are solely
responsible for your interactions with other EQAL Members. EQAL reserves the right, but has no
obligation, to become involved in any way with disputes between you and other
Members.
13. Privacy. Use of the EQAL Services
is also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
14. Disclaimers. EQAL is not
responsible for and makes no warranties, express or implied, as to the User
Content or the accuracy and reliability of the User Content posted on or
through the EQAL Services, whether caused by Users of the EQAL Services or by
any of the equipment or programming associated with or utilized in the EQAL
Services and such User Content does not necessarily reflect the opinions or
policies of EQAL. Profiles and third
party applications created and posted by Members on the EQAL Website may
contain links to other websites. EQAL is
not responsible for the content, accuracy or opinions expressed on such
websites, and such websites are not necessarily investigated, monitored or
checked for accuracy or completeness by EQAL.
Inclusion of any linked website on the EQAL Services does not imply
approval or endorsement of the linked website by EQAL. When you access these third party sites, you
do so at your own risk. EQAL takes no
responsibility for third party advertisements or third party applications that
are posted on or through the EQAL Services, nor does it take any responsibility
for the goods or services provided by its advertisers. EQAL is not responsible
for the conduct, whether online or offline, of any User of the EQAL Services. EQAL 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 or Member communication. EQAL 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 EQAL 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 EQAL
Services. Under no circumstances shall
EQAL be responsible for any loss or damage, including personal injury or death,
resulting from use of the EQAL Services, attendance at a event hosted or
involving EQAL, from any User Content posted on or through the EQAL Services,
or from the conduct of any Users of the EQAL Services, whether online or
offline. The EQAL Services are provided
"AS-IS" and as available and EQAL expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. EQAL cannot guarantee and does not promise
any specific results from use of the EQAL Services.
15. Limitation on Liability. IN NO
EVENT SHALL EQAL 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 EQAL SERVICES, EVEN IF EQAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, EQAL'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 EQAL FOR THE EQAL SERVICES DURING THE TERM OF
MEMBERSHIP.
16. U.S. Export Controls. Software
available in connection with the EQAL Services (the "Software") is
further subject to United States export controls. No Software may be downloaded
from the EQAL Services or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using
the Software is at your sole risk.
17. Disputes. The Agreement shall be
governed by, and construed in accordance with, the laws of the State of
California, without regard to its choice of law provisions. You and EQAL agree to submit to the exclusive
jurisdiction of the state and federal courts located within the State of California,
County of Los Angeles to resolve any dispute arising out of the Agreement or
the EQAL 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.
18.
Injunctive Relief. To the extent
that you have breached or have indicated your intention to breach this
Agreement in any manner which violates or may violate EQAL’s intellectual
property rights in the Content or otherwise, or may cause continuing or
irreparable harm to EQAL (including, but not limited to, any breach that may
impact EQAL’s intellectual property rights), EQAL may seek injunctive relief,
or any appropriate relief, without posting a bond.
19. Indemnity. You agree to indemnify
and hold EQAL, 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 EQAL 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 EQAL Services causes EQAL to be liable
to another.
20. Other. This Agreement is accepted
upon your use of the EQAL Website or any of the EQAL Services and is further
affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and EQAL regarding the
use of the EQAL Services. The failure of
EQAL 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. EQAL is a trademark of EQAL, Inc. 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.
Please contact us at: info@eqal.com
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.