EveryScape Terms and Conditions

Last updated: May 9, 2008

Welcome to www.everyscape.com, a Web-based service of Mok3.com, Inc. and EveryScape.com (collectively, “EveryScape”). The following Terms and Conditions (the “Agreement”) form a binding agreement between You and EveryScape. This Agreement applies to all users of this website (the “Site”), including users who are also contributors of image or video content, information, opinions and other materials or services on the Site. Please review the following terms carefully. By using the Site, You are agreeing to these terms, and these terms will govern Your use of the Site. If You do not agree to these terms, You must cease use of this Site. The term “EveryScape” or “us” or “we” or “our” refers to EveryScape. The term “You” or “Your” refers to the user or viewer of the Site.

1. Service Overview

EveryScape provides an online service permitting its users to upload video and location-based content and materials to the Site (“Submissions”). From time to time we may also invite users to provide feedback and opinions (collectively, “Audience Input”) about particular Submissions that are available for viewing on the Site and other content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, other than Submissions (collectively, with Audience Input, the “User Content”).

We may modify the terms and conditions of this Agreement at any time without prior notice. Any such modifications become effective immediately upon being posted to the Site. It is Your sole responsibility to check this Site from time to time to view any such changes in the Agreement. If You object to any such changes, Your sole recourse is to discontinue use of the Site. Continued access and/or use of the Site or services in any way shall indicate Your assent to and acceptance of such changes. EveryScape reserves the right to terminate this Agreement, or to discontinue the Site, at any time and for any reason without prior notice. This Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth herein.

2. Privacy

We respect our users’ privacy, and we abide by the terms of our Privacy Policy regarding our collection and use of users’ personal information. Click here to read the Privacy Policy. The Privacy Policy is also part of this Agreement. Please note that the Privacy Policy may be changed from time to time, but if we change our Privacy Policy, we will change it only in the manner that the then-current Privacy Policy states. We recommend that You read it periodically.

3. Access and Limited Use

Subject to these terms and conditions, we will permit You to access and view the Site, including any Submissions and User Content that we make generally available to users of the Site. We do not allow, and You are not permitted, any other use of the Site, services or content therein, including but not limited to copying and distribution, whether commercial or non-commercial, unless explicitly stated in this Agreement.

4. Registration

In order to provide User Content or to contribute a Submission to the Site, You must register and create an account. Certain other features of the Site may also require You to register for an account.

If registration is requested, and You choose to register for an account and provide information to us, You agree to provide only accurate and complete registration information, including Your real name. You may not authorize any third-party to use Your account. You are solely responsible for any activity that occurs on Your account and for preventing unauthorized use. EveryScape will not be liable for Your losses caused by any unauthorized use of Your account. You must notify EveryScape immediately of any breach of security or unauthorized use of Your account.

The Site is not marketed or intended for use by persons under thirteen (13) years old. You must be at least eighteen (18) years old to register for an account. By registering, You certify under penalty of law that You are at least eighteen (18) years old; or that You are the parent or legal guardian of a minor under the age of eighteen (18) whose use of the Site You have authorized (including sections of the Site for which registration is required). If You are a parent or legal guardian who is registering on behalf of a person under the age of eighteen (18), You agree to the terms of this Agreement, and You agree to be liable for such person’s use of this Site in accordance with the terms of this Agreement. Your account may be terminated without warning at any time if we believe You are under the age of eighteen (18).

5. User Content

From time to time we may offer features of the Site enabling users to submit User Content. If You elect to provide User Content, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material to us and to grant EveryScape all of the license rights granted herein; (ii) publish falsehoods or misrepresentations; or (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Submissions are not considered part of the User Content.

By providing User Content, You grant to EveryScape and its licensees a worldwide, royalty-free, fully paid, perpetual, irrevocable, unrestricted, unconditional, exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such User Content in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sublicense such rights through multiple tiers of sublicenses. You also acknowledge and agree that EveryScape is free to use any ideas, concepts, know-how or techniques that You provide for any purpose without any compensation to You. You acknowledge and agree that EveryScape shall not be liable for any failure to store User Content on the Site at any time. In the event that You no longer have access to any data stored on the Site, You hereby release EveryScape from any and all liability resulting from Your inability to retrieve Your data at any time. You take sole and complete responsibility for Your User Content. EveryScape shall have no obligation to maintain confidentiality with respect to any User Content, subject only to limitations explicitly stated in the Privacy Policy. EveryScape has no obligation to publish, display or otherwise distribute any User Content, including Yours.

6. Special Terms for Submissions

We require that, before You upload any Submission to the Site, You must first procure, at Your own expense, any and all releases, permissions, licenses or other rights that are necessary for Your creation of the Submission (“Necessary Rights”), Your uploading of the same to the Site, Your grant of rights to us as contemplated below, and the exercise of those rights by us or by our licensees or assignees, including the use and exploitation of such Submissions to the full extent contemplated in this Agreement.

You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them. You represent, warrant, certify and guarantee that: (i) You own or have procured all Necessary Rights, as defined above; (ii) the information that You upload for any particular Submission is accurate and complete, and that no persons, media, materials or other subject matter are included within Your Submission for which releases or licenses are required; and (iii) that the releases, licenses and other documentation You upload in connection with any particular Submission grant all Necessary Rights, or that You own any Necessary Rights for which no such documentation is uploaded.

You further represent and warrant that Your Submission does not include fraudulent misrepresentations and does not contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

7. User Conduct

You agree not to collect or harvest any personally identifiable information from the Site, including account names, nor will You use the communication systems provided by the Site for any commercial solicitation purposes. You further agree not to conduct or promote any illegal activities while using the Site, or will You upload, submit, or transmit any form of virus, worm, Trojan horse, or malicious code, or impersonate another user. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content (as defined below) or enforce limitations on use of the Site or the Content therein.

8. Intellectual Property Ownership

Other than User Content and Submissions, we retain all intellectual property rights in all content on the Site, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, logos and the like (collectively “Content”). Content is protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Any Content made accessible on the Site is provided “AS IS” for Your information and personal use only, and no license is granted to You under any intellectual property rights. You may not use, reproduce, publicly perform, digitally transmit, publicly display, adapt, translate, modify, create derivative works of, or distribute any Content or otherwise exploit the Content for any other purposes whatsoever without the prior written consent of the respective owners. EveryScape reserves all rights not expressly granted in and to the Site and the Content.

We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. 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; and
  6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent. Email us

9. Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, AND/OR USE OF, THE FEATURES AND FUNCTIONS MADE AVAILABLE TO YOU ON THE SITE ARE AT YOUR OWN RISK. THE SITE, CONTENT, OUR SERVICES, AUDIENCE INPUT AND SUBMISSIONS ARE MADE ACCESSIBLE “AS-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS.” EVERYSCAPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY AUDIENCE INPUT OR SUBMISSIONS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE SITE, CONTENT, OUR SERVICES, AUDIENCE INPUT AND SUBMISSIONS MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE DO NOT WARRANT THAT THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PROBLEMS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF DATA THAT YOU SUBMIT TO US, NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF ANY SUCH DATA AND/OR SUBMISSIONS.

Without limiting the generality of the preceding paragraph, You understand and acknowledge that EveryScape does not endorse any User Content or any feedback, opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand and agree that when using the Site, You may be exposed to User Content from a variety of sources, and that EveryScape is not responsible for the accuracy, usefulness, quality, safety or legality of such User Content. You further understand and acknowledge that You may be exposed to User Content that is 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 EveryScape with respect thereto.

10. Links From the Site to Other Websites

This Site may contain links to third-party websites that are not owned or controlled by EveryScape. EveryScape has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, EveryScape will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release EveryScape from any and all liability arising from Your use of any third-party content. Accordingly, we encourage You to be aware when You leave the EveryScape Site and to read the terms and conditions and privacy policy of each website that You visit.

11. Limitation of Liability

IN NO EVENT SHALL EVERYSCAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING IN CONNECTION WITH THIS AGREEMENT, WHETHER THE NATURE OF THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVERYSCAPE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND BY WAY OF EXAMPLE, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SERVERS AND/OR INFORMATION STORED THEREIN (INCLUDING PERSONAL AND FINANCIAL INFORMATION); (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE CUMULATIVE LIABILITY OF EVERYSCAPE TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND OUR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT EVERYSCAPE SHALL NOT BE LIABLE FOR AUDIENCE INPUT, SUBMISSIONS, OR OTHER USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WITHOUT SUCH LIMITATIONS, WE WOULD NOT BE WILLING TO ENTER THIS AGREEMENT WITH YOU, OR TO OFFER YOU THE RIGHTS GRANTED IN THIS AGREEMENT.

The Site is offered by EveryScape from its facilities in the United States of America. EveryScape makes no representations that the Site is appropriate or available for access or use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnification

You agree to indemnify, defend and hold harmless EveryScape, its corporate affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, liabilities and expenses (including, but not limited to, attorneys' fees) arising from a claim made by a third-party in connection with: (i) Your use of and/or access to the Site or the use of and/or access to the Site by anyone to whom You may have given consent; (ii) Your violation of these Terms; (iii) Your violation of any third-party rights, including, without limitation, any intellectual property rights (including copyrights, trademarks, service marks and other similar rights), trade secrets, privacy rights or rights of publicity; or (iv) any claim that any User Content or Submission provided by You constitutes defamation, libel, slander, obscenity, fraud, or any other tort, or that the same constitutes Your breach of contractual duties to any third-party. This indemnification obligation shall survive this Agreement and Your use of the Site.

13. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and our services. In addition, You agree to comply with all applicable laws, rules, codes and regulations regarding the export of data from the United States of America.

14. General Terms

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter of this Agreement. You acknowledge that we may assign this Agreement to a third-party, in whole or in part, or any of our rights hereunder, provided that the assignment is consistent with our Privacy Policy. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination or expiration of this Agreement. All rights not expressly granted herein are reserved.

15. Reporting Violations

Violations of the terms outlined in this Agreement must be reported here: Email Us.

Privacy Policy

BY USING the EVERYSCAPE.COM WEB SITE ("SITE") OR DOWNLOADING INFORMATION, YOU ACCEPT THE TERMS OF THIS LEGAL NOTICE AND PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THIS SITE OR DOWNLOAD ANY INFORMATION FROM IT. Feel free to contact us at info@mok3.com if you have any questions or concerns regarding this Legal Notice and Privacy Policy.

PRIVACY POLICY

Mok3, Inc. and EveryScape.com is sensitive to the privacy of visitors to its Site. This privacy policy explains what information we collect, how we use it, who we might share this information with, and how to access, opt out, or change your information. This policy may change as we develop our web offerings, so please check this Site frequently.

Information Collected from Site Visitors.

You are welcome to visit most portions of the EveryScape.com Site without becoming a registered user or revealing individual information. Our web servers use "cookies" (as discussed below) to collect general visit information and information about your computer to facilitate your use of this Site. Mok3 Inc. andEveryScape.com also collects aggregate information about the use of our Site, such as which sections are visited most frequently, how many visitors we have received, and how long visitors stay on each page. Some portions of the Site may allow you to provide information to Mok3 Inc. and EveryScape.com via email and information collected may be used by Mok3 Inc. and EveryScape.com for its internal business purposes.

For some services, we will ask that you register and provide us with information about yourself and/or your company, again to enable you to access our services and to allow us to provide you with information. For services requiring registration and a password, once you have registered and receive a password, you will be able to download software, register software or otherwise access other parts of our Site.

Information collected online may be combined with information provided when you purchase products, register your ownership of Mok3 Inc. and EveryScape.com products, subscribe to the company's newsletter, or other instances when you provide information to Mok3 Inc. and EveryScape.com.

Mok3 Inc. and EveryScape.com is continually upgrading and modifying the services provided by its Site. As things change, the type of information we collect may also change, and our policies respecting information may change as well. We strive to have appropriate methods to protect your information from unauthorized access. However, you provide this information at your own risk.

Mok3 Inc. and EveryScape.com is a global company, and many of the computer systems Mok3 Inc. and EveryScape.com uses are located in the United States. Thus, your personal data may be transferred to, processed and held in the United States, other countries located within the European Union, and possibly elsewhere in the world.

Use of "Cookies."

"Cookies" are small data files which assign a unique identifier to the recipient. A "client cookie" is sent to a visitor's browser so that Mok3 Inc. and EveryScape.com's systems can remember the visitor's requests and keep track of the information and services which the visitor accesses and uses. A "server cookie" may be maintained to recognize when the visitor returns. You may set your browser to notify you when you receive a cookie, or to prevent cookies from being sent. If you do, you may limit the services we can provide when you visit. You can also delete the cookie files on your computer at any time. These files are stored as part of your Internet browser.

Use of Collected Information.

We use the information that we collect in the course of our relationship to provide you with general and specific information about our products, services, offers and other useful matters from us. If you order products, we will maintain an order history. We may also combine information which you provide online with off-line information to provide a more customized experience, or to provide information to you we think would be of particular interest, as well as to compile aggregate usage information and other marketing information.

At minimum, we will provide the opportunity of opting out for various mailing lists and other forms of communication. We also follow local requirements such as allowing you to opt in before receiving unsolicited contact where applicable.

By providing us with data and visiting our Site, you acknowledge and agree that we may use the data collected for the purposes identified in this policy, and in our other communications with you, and to provide information to other Mok3 Inc. and EveryScape.com businesses, some of which may be outside of your resident jurisdiction. The data which we collect may be stored on servers located in other jurisdictions. By providing us with your data, you consent to our use and transfer of this data. As our services evolve, the types of information which we collect may change. Please check this policy frequently for the most recent explanation of our practices.

Security.

Mok3 Inc. and EveryScape.com is committed to the security of your information. We are in the process of developing physical, electronic, and management procedures to safeguard the information which we collect about you, with the aim of insuring appropriate use, preventing unauthorized access, and maintaining data accuracy. These systems are not yet complete and any information you provide you do so at your own risk.

Providing Information to Third Parties.

We may share your information with other Mok3 Inc. and EveryScape.com companies to achieve the purposes identified in our policy. We may provide aggregate statistics to others for purposes of marketing or promotion.

We will not sell or rent your information to outside parties. We will not share your information with outside parties without your prior consent.

That said, we may provide information about you to others if we have a good faith belief that we are required to do so by law or regulatory process, or to respond to a claim, or to protect Mok3 Inc. and EveryScape.com's rights, property or human safety.

We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.

Mok3 Inc. and EveryScape.com is not responsible for the privacy or confidentiality practices employed by web sites with which we link or which may link to us. We recommend that you actively review the policies and practices of any web site which you may visit.

Accessing, Opting Out, or Changing Your Information.

You may contact us if you have any questions about information which we maintain, or to correct, update or change any personal information which you have submitted. If you operate in the European Union or other jurisdictions that provide access rights, you may access your personal information, obtain confirmation of whether or not the information you have provided to Mok3 Inc. and EveryScape.com is being processed or have your information corrected or updated in accord with applicable law by contacting us. In some cases, you may be charged a reasonable fee.

You can update your information maintained by Mok3 Inc. and EveryScape.com, change the list of topics that you want Mok3 Inc. and EveryScape.com to send you information about, or opt out of receiving information about Mok3 Inc. and EveryScape.com and non-Mok3 Inc. and EveryScape.com matters by editing your user profile. To Opt Out, Login to Update Your Profile and click Unsubscribe All. Unsubscribe All will remove your contact information from all Mok3 Inc. and EveryScape.com email lists.