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everMany, LLC – Terms of Service

Created October 20, 2010.

This is the official Terms of Service ( “Terms” ) for the web site, software, and services provided by everMany, LLC. Collectively all such sites, software, and services are referred to in this document as simply the “Service”.

“everMany”, “We”, and “Us” in these Terms, refers to the company everMany, LLC. located in Portland, Oregon, United States of America.

Your use of any part of the Service is subject to an agreement between you and everMany.

You agree that these Terms completely replace any prior agreements between you and everMany in relation to the Service, unless specifically exempted by prior written agreement.

Your use of the Service signify your agreement to these Terms. You cannot use the Service in part or in whole unless you enter into agreement with everMany in accordance with these Terms.

You may not use the Service, nor can you accept these Terms, if you have previously violated a Terms of Service agreement with everMany.

You may not use this Service, nor can you accept these Terms, if you cannot form a binding contract with everMany. If you are under the age of 13, we cannot collect any personal information from you, and you should not use the Service. If you are under the age of 18, please talk with your parent or guardian before creating an account and releasing any personally identifying information.

While everMany will make a reasonable effort to let you know of changes to these Terms, ultimately it is your responsibility to read these Terms and check for changes to these Terms. Your continued use of the Service after changes to these Terms constitutes your agreement to such changes.

We encourage you to print and keep a copy of this document for your own records.

For information on how to contact everMany please visit the contact page located at http://everMany.com/contact

Ownership.

All content provided by the Service including all art, graphics, text, software, audio, video, downloadable files, as well as the layout and design of the Service and its content, is owned or licensed by everMany. All such material is protected in the United State and internationally under trademark, copyright, and intellectual property law.

You acknowledge that everMany owns or licenses all legal right, title, interest in and to the Service, including any intellectual property rights which subsist in the Service whether those rights happen to be registered or not.

You agree that nothing in these Terms give you a right to use any everMany trade name, trademark, service mark, logo, domain name, or any other distinctive brand feature.

You agree that you shall not remove, alter, or obscure any proprietary rights notices (including copyright and trademark notices) which may be displayed by the Service.

You agree that you will not use any property of everMany in a way that is likely to cause confusion about the owner of said property.

Use of the Service.

You are granted a non-exclusive, non-transferable, license to use the Service under the condition of these Terms provided you agree to use the Service in accordance with these Terms.

You agree to use the Service only for purposes permitted by these Terms and in accordance with any applicable law, regulation, or third-party term of service in any relevant jurisdiction.

You agree that you will not sell, resell, lend, trade, rent, repackage or sub-license the Service in part or in whole, nor reproduce the Service in part or in whole to any such end.

You agree that you are solely responsible for any breach of your obligation under these Terms as well as the consequences of any such breach. You agree that you are responsible for any loss or damage that everMany may suffer due to such a breach. You agree that everMany has no responsibility to you or any third party for your obligations.

You acknowledge that everMany makes no guarantee as to the reliability of the Service, nor any guarantee regarding the existence of the Service. You understand that everMany may modify, terminate, or relocate the Service, in part or in whole, at any time and for any reason.

You may make whatever archival and backup copies of everMany property that you have obtained in accordance with these Terms that you feel are necessary to further your use of the Service. Your use of any such copies are subject to to these Terms. You agree to make a good faith effort to delete any and all such copies upon termination of this license.

Modification, Adaption, Enhancement.

While any standard web browser or other similar device may be used to access the website on everMany.com, only software provided provided by everMany can be used to access the everMany multiplayer servers. You agree not to access – nor to help others to access – everMany’s multiplayer servers by any means other than through the APIs and SDKs provided by everMany.

You agree that you will not interfere with the operation of the Service, nor will you assist others to do so. You agree that you will not alter any data sent to the Service. You agree that you will not attempt to capture or inspect any data sent to the Service in the course of any third-party’s use of the Service.

Reverse engineering and decompilation of everMany’s software is not specifically prohibited, however, you agree that you will not alter or modify everMany’s software. Additionally, you agree that you will not copy, modify, reverse-engineer, decompile, or disassemble everMany’s software with the goal of creating a similar or derivative service, or similar or derivative features.

The software provided by the Service contains trade secrets and proprietary know-how that belongs to everMany and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS OR PROTOCOLS, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

everMany attempts to deliver reliable software, but shall not be held liable for any harm or damages caused by use of the software. You incorporate the software provided by everMany, and you use the Service, at your own risk.

Developer Accounts.

To use the everMany Developer Forums you must create an an account. Having an account allows you to post messages on the everMany Developer Forums.

Creation of an account requires a unique user name and password. While we ask that you create only one single account, this agreement encompasses all accounts that you create.

You agree to furnish everMany with accurate contact information in the form of an email address. You agree that we may use your contact information to communicate with you. Please read the everMany Privacy Policy ( located at http://everMany.com/privacy ) to understand how and when we might use your contact information to communicate with you. Our privacy policy also describes what personally identifying information everMany collects and how everMany uses and distributes that information.

You understand that some parts of the Service do not require an account, and that while we ask that you acknowledge these Terms when you create an account, your use of the Service – regardless of whether you choose to create an account – still constitutes your agreement to these Terms.

You may not share or transfer any account. You are solely responsible for all use of your account.

You understand that checking the “Stay Signed In” box ( or similarly labeled check box on the account sign-in pages ) may leave you logged into your account until you explicitly log out; this may enable others to access your account if you do not control access to the computer you have used to log in to your account.

We may terminate your account at any time and without notice for any reason. You agree that everMany is not required to notify you should your account be disabled or deleted. You agree that we are not required to provide you a way to delete your account, nor are we required to provide you with a way to remove information that you have posted to the Service through the use of your account.

User Content.

“Content” under these Terms comprise all material be it text chat, voice chat, instant messages, private messages, forum postings, images, photographs, video, audio, code, binary software, or other data submitted to the Service by uploading said content to the Service, transmitting said content through the Service, or created using the Service.

You agree to only submit Content that you have the right to grant everMany license to.

everMany acknowledges that you retain ownership of all Content that you submit, and you agree that you grant everMany a non-exclusive, perpetual, transferable license free of charge, to modify and distribute your Content as everMany sees fit. You acknowledge that you are responsible for protecting and enforcing the intellectual property rights invested in your Content, and you agree that everMany has no obligation to do so on your behalf.

You agree that you are solely responsible for your own Content, including any loss or damage that everMany or third-parties may suffer resulting from said Content, and that everMany has no responsibility to you or any third party for your Content.

You agree that everMany makes no guarantees regarding the persistence, or accessibility, or integrity of any Content submitted to or made available through the Service. everMany reserves the right, but shall have no obligation to: screen, review, filter, edit, modify, remove, or delete any or all Content from the Service for any reason or for no reason at all.

You understand that by using the Service you may be exposed to Content that you find objectionable and that you use the Service at your own risk. You acknowledge that everMany is not responsible for your exposure to the Content submitted by other users and made available through the Service.

You agree that all Content you submit is subject to the Rules of Conduct ( as described below ).

Rules of Conduct.

The following “Rules of Conduct” cover all and any interactions that occur between you and another user of the Service through your use of Service including, but not necessarily limited to, the use of the everMany Developer Forums.

In order to make everMany a great place for all involved, we ask that all conversations on the forums follow a few simple guidelines:

The following explains in slightly more detail:

Stay on Topic

This site is primarily about everMany and everMany related products, but since our flagship product is a multiplayer server: we want users to share and discuss their multiplayer development experiences — trials and tribulations both.

Staying on topic, therefore, mainly means: please keep your posts focused on game development related topics.

Regardless of the nature of your post, do follow the other guidelines set out here and please always be mindful of the Terms as a whole.

Act Respectfully

These Terms require that you agree not to use, or enable or encourage others to use: libelous, obscene, or threatening communication, hate or hateful communication including but not limited to derogatory comments about race, religion, sex, or sexual orientation.

In general, we ask that you make your posts constructive. Try to be helpful to, and supportive of, other users. If someone has been a help to you – try to let them know. On the flip side of things: don’t flame, harass, or annoy other users. If you have a small complaint about another user’s behavior – tell them as calmly and respectfully as possible. If you have a serious complaint about another user’s behavior: tell us right away.

Spam

This site is for developers. We are all trying to make it in the world of online gaming and need places to be able to talk freely about our projects. We, therefore, gladly welcome announcements about your games and game related products.

To do so, we ask that you make use of the Discuss Forum and create a single thread for your announcement. Announcements made in other groups, or multiple threads within the announcements group made about the same game or game related product will be considered spam. If you are considering doing more than one announcement thread in a given month — you are probably being in danger of being considered a spammer.

We will always reserve the right to summarily ban spammers.

If you feel you have been subject to uninvited advertisement from other users on the site, please contact us immediately.

Additional Considerations

Additionally, you agree that you shall not:

everMany will attempt to make sure that users do not violate these Rules of Conduct, but you agree that everMany cannot be held liable for the conduct of any person on the Service, nor any interaction between people via the Service, nor the Content available through the Service.

You agree to notify everMany of any conduct that you are aware of that violates these Rules of Conduct.

Copyright Notice.

If you believe that any content made available through the Service constitutes copyright infringement, please contact everMany immediately and include the following information.

Third Party Sites.

The Service may link to third party sites, services, and resources. You agree that everMany has no control over any such resources provided by such a third party. everMany is neither responsible for the availability of nor the quality of any such third party resources. A link to any such third party resource should not be construed as an endorsement of said resource.

everMany is not responsible for any transaction nor any agreement of any sort between you and any third party that the Service links to, including but not limited to any link furnished as part of an advertisement on the Service.

You acknowledge and agree that everMany is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Limited Warranty.

THE SERVICE IS PROVIDED “AS IS”.

EVERMANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICE, EXPRESS, IMPLIED, STATUTOR OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

ADDITIONALLY EVERMANY MAKES NO WARRANTY WITH REGARDS TO:

EVERMANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE ERROR FREE. EVERMANY DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE UNINTERRUPTED.

EVERMANY CANNOT GUARANTEE NOR DOES IT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE.

YOUR USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND YOUR OWN RISK, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA OR PRODUCTIVITY THAT RESULTS FROM THE USE OF THE SERVICE OR ANY MATERIAL OBTAINED WHILE USING THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL BY EVERMANY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL EVERMANY, ITS SUBSIDIARIES AND AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU ON ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE SERVICE, EVEN IF EVERMANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO A) CHANGES IN OR THE DISCONTINUANCE OF THE SERVICE, B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR DATA CREATED IN, MAINTAINED BY, OR TRANSMITTED THROUGH THE SERVICE C) YOUR FAILURE TO PROVIDE AND KEEP UP TO DATE ACCURATE CONTACT INFORMATION, D) YOUR FAILURE TO KEEP YOUR ACCOUNT PASSWORD AND DETAILS SECURE AND CONFIDENTIAL.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EVERMANY’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500).

Disputes.

If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mutually agreed upon mediator in Portland, Oregon. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association.

Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. The arbitrator will allocate costs of arbitration, including attorney fees.

Termination.

everMany may, at any time, terminate its legal agreement with you if:

A. You breach any provision of the Terms; or,
B. everMany is required to do so by law; or,
C. everMany decides to discontinue the Service.

You may terminate your agreement with everMany at any time by discontinuing your use of the Service. There is no need to notify everMany if you decide to discontinue your use of the Service.

When your use of the Service ends, all of the legal rights, obligations, and liabilities that you and everMany have benefited from, been subject to ( or which have accrued over time ) shall be unaffected by this termination.

everMany may at any time discontinue or modify the Service in part or in whole, or may discontinue or modify your use of the Service, with or without notice to you.

everMany may change these Terms at any time. We will attempt to provide a notification of changes to these Terms on everMany.com – but you agree it is ultimately your responsibility to check for changes to these Terms. Your continued use of the Service after a change to these Terms by everMany indicates your agreement to the new Terms.

General Provisions.