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- "Registered User" means a user who registers with the Website.
- "User" means either (i) a User of the Website (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Website. In case (ii) User will be held legally responsible for the acts of the Minor.
- "Minor" means any person under the age of 13, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Websit).
- "Website" means the Story of My Life website available at the URL www.storyofmylife.com and all associated websites operated by Eravita, Inc.
- “Family Member” means any person listed in User’s Family Network as part of User’s Family.
- “Guardian” means any person(s) listed in User’s profile for being granted access and permissions to User’s site, based on protocol of access and editing rights determined solely by User.
- “Verified” means a user who has provided a form of, as determined by Eravita Inc., proof of identity.
- “Friend” means any person listed in User’s Friends Network as part of User’s Friends lists or Groups.
- “Content” means any text, files, images, photos, videos, sounds, music, works of authorship, or any other materials posted to the StoryofMyLife.com Websites.
- “Future Release Dates” means a date or dates beyond the current chronological date User sets for releasing certain files to either limited access or public viewing.
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- Use for commercial purposes and any re-publication of the Website or content on the Website is strictly prohibited unless specific agreements are reached with the owners of the Website or content, and User agrees that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
- Software may be made available in connection with the Website, which User may be permitted to access or download. User may only download, copy, reuse or distribute software provided by the Website where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.
- The Story of My Life Websites contain Content of StoryofMyLife.com Users and is protected by copyright, trademark, patent, trade secret and other applicable laws, and Eravita, Inc owns and retains all rights in the StoryofMyLife.com Website. StoryofMyLife.com hereby grants the User a limited, revocable, nonsublicensable license to reproduce and display the StoryofMyLife.com Content, excluding StoryofMyLife.com software code, solely for User’s personal use in connection with viewing the StoryofMyLife.com Websites.
Proprietary Rights in Content
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- Except as otherwise, and to the extent, explicitly provided herein, Eravita, Inc. does not claim ownership rights to Content posted by a User to the Story of My Life Website. After posting Content to the Story of My Life Websites, the User maintains ownership rights of such Content. By publishing Content on or through the Story of My Life Websites, User grants to StoryofMyLife.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Story of My Life Websites.
- The license that User grants to StoryofMyLife.com is non-exclusive where the User is not restricted in licensing Content elsewhere, is duty-free and royalty-free to Eravita, Inc., is sublicensable to appropriate service providers, and international. This license terminates at the time Content is removed from the StoryofMyLife.com Website.
- User agrees that all Content posted to the Story of My Life Websites is owned by the User and does not violate any copyrights, fees, or other ownership claims and that Eravita, Inc is not held responsible for any fees, dues, royalties or other payments to any third party for Content posted by User.
- All intellectual property rights in and relating to the Website and the content displayed on the Website (other than contributions of Users) are owned by Eravita, Inc., or by Eravita, Inc.’s, third party licensor.
- User grants a non-exclusive perpetual royalty-free license in our absolute discretion to host, distribute, edit or remove any part of the material posted to the Websites.
- User’s profile must describe User, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not the User.
- User is solely responsible for all content that User posts to the Website. User may not post, and the Eravita, Inc., may in its absolute discretion remove, any content that it believes:
- constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
- is defamatory of a real or legal person, or of goods or services;
- violates a person's privacy or other rights relating to personal information;
- depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
- is blasphemous or incites religious hatred;
- impersonates or falsely attributes material to any person or entity;
- discloses confidential or proprietary information of another person;
- is discriminatory in any way, including by way of sex, race or age discrimination;
- might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
- creates a risk to safety or health, or compromises national security or official secrets;
- deems to be, offensive, immoral or illegal;
- is otherwise malicious, fraudulent, or may result in the reputation of the Website,or Eravita, Inc., being damaged;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to User or to Eravita, Inc.;
- The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Eravita, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- User must not upload, post or otherwise transmit to the Website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
- Upon submission of content to the Website by User, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
- Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.
Non-Commercial Use by Members
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Eravita, Inc.. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Eravita, Inc. for any illegal or unauthorized use of the Website.
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Communications with Users
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- Eravita, Inc., and its third party licensor may send User communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that User agrees to receive these communications.
User is solely responsible for interactions with other Story of My Life™ Members. Eravita, Inc. reserves the right, but has no obligation, to monitor disputes between User and other Members. Eravita suggests the services of Square Trade™ for dispute resolution.
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No Warranty; Liability and Indemnity
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- Eravita, Inc. provides all content in the Websites "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) does Eravita, Inc., make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
- Eravita, Inc., shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, Eravita, Inc., can not be held liable for any content that is posted by Users to the Website. User acknowledges and agrees that it would not be possible for all such content to be perfectly screened, and User agrees to take the risk that content may be posted which violates User’s rights or contains errors or inaccuracies, without any recourse against Eravita, Inc.
- User will indemnify Eravita, Inc., from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from User’s actions (including resulting from the content posted by User or otherwise on the Website).
- User will indemnify Eravita, Inc., from and against any liability if Eravita, Inc., infringes upon any patent or copyright and does not make concerted effort in a timely manner, once notified, to remove or credit such material to satisfy legal recourse.
- Any material obtained through the use of the Websites is obtained at User’s own risk, and User is solely responsible for any damage to or the destruction of User’s computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
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- The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Websites. Use of any part of the Website is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Website.
- The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
- Eravita, Inc., can not be held responsible for misuse of a Registered User's invitations; nor shall it be held liable in the event that a Minor falsely claims to be 13 or over.
Registration and Security
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- As part of the registration process, User will select a password and choose a unique User ID which will be used for User’s site. User must provide Eravita, Inc,. with accurate, complete, and updated personal registration information. User must not use a web address that Eravita, Inc., in its discretion, deems offensive or otherwise inappropriate.
- User shall notify Eravita, Inc., immediately of any known or suspected unauthorized use(s) of User’s website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. User will be responsible for maintaining the confidentiality of User’s password. User acknowledges and agrees that under no circumstances can Eravita, Inc. be held liable for any acts or omissions by a Registered or other User of the Website.
Sites and Sponsorship Fees
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- When User registers to create a site, User will be granted a 6-month hosting period for free. Following the hosting trial period and with no activity on the site, contact attempts will be made to the User to purchase the rights to the Story forever. If after 9 months there remains no activity and no response to inquiries regarding the site, contact will be made to User’s assigned Guardian to determine future status of the Story. If, following one more month, 10 months total, there is no activity, no response to inquiries, Eravita, Inc., will attempt to contact all listed Family Members. If after 12 months total of no activity and no response, and if User’s site has not been sponsored, User’s site may become disabled or removed completely. Alternatively, following the hosting trial period, User’s content may be limited in content at the discretion of Eravita, Inc.
- All active sites can be edited by the User without charge at any time.
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- technical or other issues mean that it is no longer practicable for Eravita, Inc., to continue to operate the Website in whole or part.
- A Registered User may at any time ask Eravita, Inc., to delete without charge a site created by that User.
U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
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- The parties agree to refer disputes of any sort whatsoever, arising out of or relating in any way to the subject matter of this agreement, that cannot be resolved through initial online mechanisms, to arbitration in California by a sole arbitrator agreed by the parties or in default of agreement, appointed by the President of the California State Bar Association. Nothing in this Clause shall prevent Eravita, Inc., from seeking injunctive relief.
- Correspondence must be sent by post to:
Story of My Life by Eravita
3478 Buskirk Ave Suite 1000
Pleasant Hill, CA 94523
or by email to:
- In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
- Eravita, Inc., reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. User may not without the written consent of Eravita, Inc., assign, license or subcontract this agreement or any of User’s rights or obligations under it.
StoryOfMyLife.com is a trademark of Eravita, Inc.™.
I HAVE READ THIS AGREEMENT AND AS A USER, I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated on August 14, 2006