Below this, there are 10 pages of legal stuff. This is where you agree to our terms of handling stuff and the limitation of liability etc. In short it says: The information you post is public unless you set it to be private. You promise to interact with the service truthfully, we will remove material that we believes to be copyrighted, we are not liable for any loss you occur in connection with using the service, nor for content posted by users and that we may use the content you post. Apart from that, it mostly prevents abuse of Copy and Trademark Rights and ensures our lawyers can sleep at night.
We recommend you read it all.
Please read these terms of use carefully before using the services. The terms are legally binding terms and conditions for your use of the website at www.everplaces.com (the "site") and all other services incl. features, content, applications or widgets offered by Everplaces (collectively with the site, referred to as the "Service").
By registering for and/or using our Service in any manner, you agree to all of the terms and conditions contained herein ("Terms of Service"), which also incorporate our Privacy Policy, Intellectual Property Policy and Rules on Pictures. As such, You are only allowed to post appropriate content. (please refrains from including nudity, hateful or racially offensive things, spam, and irrelevant photos.
Please use the service respectfully. Don't upload photos that include people's private information, and respect people right to say no to having images of them uploaded.
We may modify these terms at any time without any notice (see "Modification of Terms of Use" below)
Subject to these Terms of Service, Everplaces may offer to provide the Services, solely for your own use, and not for the use or benefit of any third party, unless you decide to commercialize it or publish it yourself.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register. At this point you must provide Everplaces with accurate, truthful, and complete registration information to be eligible to use the service.
You may not: Provide any false personal information to Everplaces (including a false User Name) or create any account for anyone other than yourself without such person's permission, use a User Name that is the name of another person with the intent to impersonate that person, use a User Name or Everplaces account that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, vulgar or obscene or unlawful.
Everplaces reserves the right to refuse registration of, or cancel a User Name and/ or account at its discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Everplaces password. You must immediately notify Everplaces in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. The Service is not available to individuals below the age of 13. Everplaces may, at its discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you.
All Content, whether publicly or privately posted, is the sole responsibility of the person who originated such Content. Everplaces cannot guarantee the authenticity of user generated Content or data. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting there from. The term "Content" includes any information whatsoever made accessible by Everplaces on or through the Service.
The Service contains Content specifically provided by Everplaces and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
We strive to be respectful about how we use your Submissions, especially those set to private. In addition to this we do NOT make any claims that the foregoing license grant to Everplaces affect your other ownership or license rights of your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s). Unless specifically agreed otherwise.
By submitting User Submissions to the Service, you grant Everplaces a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, display and otherwise fully exploit the User Submissions. This includes for promoting and redistribution through any media channels (including third party websites and feeds).
You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to Everplaces does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Everplaces.
You warrant that you have all rights to grant such license to us without infringement or violation of any third party rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Everplaces will not be liable for any errors or omissions in any Content; and that Everplaces cannot guarantee the identity of any other users with whom you may interact.
When you delete your User Submissions, they will be removed from view. However, the data will be kept on record and may be used by Everplacses, for example for, but not restricted to, use in anonymized format for statistical purposes.
You promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service.
You may not take any action, upload, post or otherwise distribute or facilitate distribution of any Content on or through the Service that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, that you know is false, misleading, untruthful or inaccurate, is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Everplaces in its discretion, that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), that, other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Everplaces's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, 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, password or other information of Everplaces or any third party, that impersonate any person or entity, including any employee or representative of Everplaces, that includes anyone's identification documents or sensitive financial information; or breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
Everplaces does not tolerate nudity and pornography, and will terminate any user who publishes or distributes such.
You shall not: (i) take any action that may impose (as determined by Everplaces) an unreasonable or disproportionately large load on Everplaces's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Everplaces may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Everplaces's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Everplaces does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Everplaces has no obligation to monitor the Site, Service, Content, or User Submissions. However, Everplaces reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Everplaces is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Everplaces also reserves the right to access, read, preserve, and disclose any information as Everplaces reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Everplaces, its users and the public.
Everplaces may terminate your access to all or any part of the Service at any time, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. 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.
Save to the extent required by law, Everplaces has no special relationship with or fiduciary duty to you. You acknowledge that Everplaces has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; or what effects the Content may have on you.
You release Everplaces from all liability for you having acquired or not acquired Content through the Service. Everplaces will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
Everplaces makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service.
You shall defend, indemnify, and hold harmless Everplaces, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Everplaces reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
All liability of Everplaces, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of Everplaces, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred us dollars ($100).
In no event shall Everplaces, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Everplaces, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for, Indirect or consequential losses or damages, Loss of actual or anticipated profits, Loss of revenue, Loss of goodwill, Loss of data, Loss of anticipated savings, Wasted expenditure, Cost of procurement of substitute goods or services.
Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use.
Solely in respect of users located in European economic area and/or Australia, nothing in these terms of use shall be deemed to exclude or limit our or your liability (as applicable) in respect of: Death or personal injury arising as a result of our or your negligence (as applicable), Fraud (including fraudulent misrepresentation), theft or other criminal activity; or Any breach of any obligations implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods and services act 1982.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Service shall be governed by and construed in accordance with the laws of Denmark.
These Terms of Service are the entire agreement between you and Everplaces and supersede all prior or contemporaneous communications between you. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Everplaces reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Everplaces may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes.
Everplaces shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Everplaces's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Everplaces's prior written consent. Everplaces may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received and receipt is electronically confirmed
You agree that in case a translation of the terms of service is provided for you then the English language versions of the Terms will govern your relationship with Everplaces. If there is any contradiction between what the versions then the English language version shall take precedence.
You may contact Everplaces at the following address: Gothersgade 8b, Copenhagen DK1123, Denmark
Effective Date: August 1, 2011