Terms of service

Terms of service Please read these terms of service ("agreement") before using the services offered by EverList (the "company"). This agreement applies to all visitors, users, buyers and others who access the services (as defined below). By visiting the websites or using the services in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the websites or services.

Access to the services

Services

The EverList (Company) website, mobile application, and all of contents contained within them, and any other linked content, (collectively, the "Website") are owned and operated by the Company. The Company “Services” are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes use of the Website, any service the Company performs for you and the Content (as defined below) offered by the Company on the Website. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Agreement

The Company reserves the right to modify this Agreement at any time by posting a notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following a notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Eligibility You represent and warrant to the Company that: (i) you can form a binding contract with EverList and if you are an individual (i.e., not a corporation) that you are of legal age to form a binding contract or have your parent’s permission to do so, and are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Services content

Content

The Services and its contents are intended solely for the personal, non-commercial or commercial use and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services are protected by copyright. You shall abide by all copyright notices, trademark rules and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content: (i) without the express prior written consent of the Company, and (ii) in any way that violates any third party right.

Intellectual Property Rights

The Services are protected by copyright as a collective work, pursuant to copyright laws, intellectual property laws and other proprietary rights and laws. You may not modify, publish, transmit, participate in the transfer of sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial or commercial use only, provided that you maintain all copyright and other notices contained in such Content. If you link to the Website, the Company may revoke your right to so link at any time, at Company’s sole discretion. The Company reserves the right to require prior written consent before linking to the Website.

User Submissions

In the course of using the Services, you and other users may provide information which may be used by the Company in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to the Company or in connection with the Services (collectively, "User Submissions"), the Company hereby is and shall be granted a non exclusive, worldwide, perpetual, irrevocable, sub-licensable and transferable right to fully exercise all rights relating to such User Submissions (including all related intellectual property rights) in connection with the Services and the Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, the Company will only share your personally identifiable information that you provide in the registration process in accordance with Company’s Privacy Policy in effect from time to time. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, in accordance to this Agreement. Furthermore, you understand that the Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. Responsibility for Content You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that the Company will not be liable for any errors or omissions in any content. Under no circumstances will the Company be liable 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Specialized services

EverList recommendations and suggestions

The Company does not provide any guarantee or insurance with regards to the reliability and/or accuracy of the outcome of any EverList recommendations or suggestions. The Company shall not be held accountable, liable or responsible for any loss incurred as a result of using the information provided in any EverList recommendation or suggestion. The Company does not guarantee that any recommendation or suggestion rendered by the Company will agree with the opinion(s) of any other experts, individuals or 3rd party viewer. The user agrees the information they supplied may be stored by EverList, Inc. The Company reserves the right to re-evaluate and change any EverList recommendations or suggestions at anytime without warning. The Company reserves the right to re-evaluate, change or alter the pricing of any service at anytime.

Restrictions

Warranties and Representations

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. The Company reserves the right to remove any Content from the Services at any time, 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 the Company is concerned that you may have breached the immediately preceding sentence, or for no reason at all. You, not the Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to the Company and to grant the Company the rights to use such information in connection with the Services and as otherwise provided herein.

Responsibility for activity

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.

Misleading and deceptive identities policy

You may not misappropriate the identity of individuals, groups, or organizations or use a fake identity to deceive others. While you are not required to display your real name or image on your profile, your account should not use false information to represent itself as a person or entity that is not affiliated with the account owner, such that it may mislead others who use EverList.

We prohibit the following behaviors under this policy:

Impersonation

You may not pose as an existing person, group, or organization to mislead others about who you are or who you represent. You may not use the name, image, or false claims of affiliation with another individual or organization in your profile or posts.

Deceptive Identities

You may not pose as someone who doesn’t exist to mislead others about who you are or who you represent. This includes using a computer generated image of a person to pose as someone who doesn’t exist.

What is not a violation of this policy?

Pseudonymous accounts

Meaning an account’s profile is not required to use the name or image of the account owner. Accounts that appear similar to others are not in violation of this policy, so long as their purpose is not to deceive or manipulate others. Accounts that share your name but have no other commonalities are not in violation of this policy.

Parody, Commentary, or Fan Accounts

Accounts that depict another person, group, or organization in their profile to discuss, satirize, or share information about that entity are not in violation of this policy. While these accounts may use elements of another’s identity, they also include profile language or other indicators that inform people on EverList that the account is not affiliated with the subject of the profile.

To avoid confusing others about an account’s affiliation, Parody, Commentary, and Fan accounts must distinguish themselves in their account name and in their bio. Accounts that fail to sufficiently distinguish themselves are considered non-compliant and in violation of this policy.

Account name: The account name should clearly indicate that the account is not affiliated with the subject portrayed in the profile. Accounts can indicate this by incorporating words such as, but not limited to, "parody," "fake," "fan," or "commentary.” This language should be stated in a way that can be understood by any audience and should not be contradicted by other affiliation terminology such as “official.” Please note, an account name is separate from the username.

Bio: The bio should clearly state that the account is not affiliated with the subject portrayed in the profile. Non-affiliation can be indicated by incorporating words such as, but not limited to, “not affiliated with,” "parody," "fake," "fan," or "commentary.” This language should be stated in a way that can be understood by any audience.

How can I report violations of this policy?

If you believe an account is posing as you or your brand, you can file a report to support@everlist.me. If you believe an account is using a deceptive fake identity or misusing the identity of somebody else, you can flag it as a bystander by reporting directly from the account’s profile.

In cases where an account is suspected of misusing a specific individual or entity’s identity, we may need more information to determine whether the account is run or authorized by the entity portrayed in the profile. To ensure we have enough context, we may need a report from the portrayed party in order to take action.

What happens if you violate this policy?

The consequences for violating the policy depend on the severity and type of violation, as well as an account’s history of previous violations. The actions we take may include the following:

Profile modifications

If your account is potentially confusing in terms of its affiliation, including as a non-compliant parody, commentary or fan account, we may require you to edit the content on your profile. If you violate this policy again after your first warning, your account may be suspended.

Suspension

If you are engaged in impersonation or are using a deceptive identity, we may suspend your account. If we believe you may be in violation of this policy, we may require you to provide government issued identification (such as a driver’s license or passport) in order to reinstate your account.

If you believe that your account was locked or suspended in error, you can submit an appeal to support@everlist.me

You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

Warranty disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Services.

The Services may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN ”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Privacy Policy

For information regarding the Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by the Company’s Privacy Policy.

Registration and security

As a condition to using some aspects of the Services, you may be required to register with the Company and select a password and user name ("Company User ID"). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. The Company reserves the right to refuse registration of or cancel a Company User ID at its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to the Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

Fees and paid services

Payment plan and usage

The intended use of EverList is for you to have access to recommendations and suggestions indexed on EverList for immediate use. The user is not permitted to download recommendations and suggestions with the intention of making a local collection of recommendations and suggestions mimicking the EverList service - neither through a manual nor in any way automated process. EverList can at any time introduce and enforce mechanisms that prevent large amounts of recommendations and suggestions being downloaded in a manner deemed unintended by EverList.

You might be asked to get in contact with EverList using contact(at)everlist.me if you download a number of recommendations and suggestions deemed too large by the Company.

Billing Policies

Certain aspects of the Services may be provided for a fee or charge. If you use paid aspects of the Services, you agree to the pricing and payment terms. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. The Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new charges.

All information that you provide in connection with a purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or other monetary transaction interactions. You may cancel your account with the Company at any time; however, there are no refunds for cancellation. In the event that the Company suspends or terminates your account or this Agreement for any reason, you understand and agree that you shall receive no refund or exchange for any Content or Services, any credits you have saved, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

Payouts

Unless otherwise agreed by the parties in writing, the Company shall remit payments due to you no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Services, or as subsequently updated as permitted by the Services. Payments shall only be made in those months in which the amount due to you totals at least $20 and when payment has been requested. Unpaid amounts due shall accrue until the next month in which the amount due is at least $20. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending the Company's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Services. If you dispute any payment made hereunder, you must notify the Company in writing within thirty (30) days of such payment. Failure to so notify EverList shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other measurements or statistics of any kind shall be accepted by the Company or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.

Indemnity

You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of liability

In no event shall company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services (i) for any amount in the aggregate in excess of the greater of $100 or the fee paid by you to the company hereunder for the service causing the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond company’s reasonable control.

Interaction with third parties

The Services may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless the Company from any and all liability arising from your use of any Third Party Service.

Your interactions with organizations and/or individuals found through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

Non-waiver

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. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Assignment

This Agreement is not assignable, transferable or sub licensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Except as expressly set forth below, you and Company agree there are no third party beneficiaries intended under this Agreement.

Arbitration; governing law

The Website is controlled by the Company from offices within Delaware USA, but can be accessed from countries around the world. As each of these places has laws that may differ from those of Delaware it is agreed that this Agreement shall be governed by a jurisdiction of Company’s (EverList’s) choice.

Copyright dispute policy

The address of Company’s Designated Agent to Receive Notification of a claimed copyright infringement ("Designated Agent") is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is the Company’s policy:

1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
3. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion. Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: contact(at)everlist.me

Contact information

If you have any questions, complaints, or claims with respect to the Services, you may contact us at: contact(at)everlist.me

This Agreement was last modified and made effective on May 24, 2023.