Welcome to Everywun

By accessing the Everywun website (”Site”) or using the services offered by Everywun (”Services”) you agree and acknowledge to be bound by these Terms of Service (”Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. Everywun reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

Usage License

Everywun grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Everywun reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage. Everywun reserves the right to remove Everywun Credits and remove any impact that its administrators deem were earned or executed in unethical ways, and to freeze or cancel suspicious accounts at any time. Reasons for removing credits, freezing, or canceling accounts include, but are not limited to, abusing quizzes by taking the same quiz more than twice or using “bots” to continuously fill out quizzes, inviting nonexistent users or yourself to create accounts on Everywun.com to earn invitation credits, posting irrelevant or spam comments, or any taking any other illicit action to increase your number of Everywun Credits.

User Responsibility

You are solely responsible for your use of the Site and Services. Because Everywun merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Everywun, and Everywun makes no claim of accuracy of any user-posted material. Everywun allows for the posting of links to third-party websites. The linked websites’ content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Everywun. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

User-Posted Content

By posting content or taking actions to earn Everywun Credits, you are granting permission to us and others to access and use it in connection with the Services, the Site, and otherwise in connection with our business. Everywun reserves the right to remove or replace any uploaded content, and assumes no liability for lost content. The following types of content constitute “abuse” and may not be uploaded under any circumstances: Pornographic content. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations. Content that is illegal and/or are in violation of any United States laws. Content that infringes on the copyrights of any entity excluding the user. Content intending to harass or spam, or promote anything for commercial profit. Any other content that the Administrators of Everywun.com deem inappropriate. Posting abusive content may result in the immediate termination of the user’s ability to use Everywun.com or any of its provided services. Circumventing Everywun.com’s ability to enforce the Everywun Terms of Service will result in prosecution. Everywun is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Everywun provides you with the ability to retrieve and remove your posted content and your personal information from the Site and the Services. This ability does not extend to copies that others
may have made or to copies that we may have made for backup purposes.

Feeds & API

Everywun may provide access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Everywun asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Everywun database or reproduce, duplicate or copy the Everywun Site. Everywun reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Trademarks & Copyrights)

Everywun, the Everywun logo and the Everywun design are trademarks or trade dress of Everywun, and may not be used without express written permission from Everywun, other than for attribution. All other trademarks not owned by Everywun that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Everywun. Everywun-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Everywun and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Everywun-originated content is permitted without written permission from Everywun.

User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

No Warranty & Limitation of Liability

EVERYWUN PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EVERYWUN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL EVERYWUN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT EVERYWUN HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH EVERYWUN SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Other

Everywun and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Everywun and you.

These Terms supersede any previous agreement and represent the entire agreement between Everywun and you. These Terms are governed by the laws of the State of California without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Everywun in English at terms@everywun.com.