PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Everloop.com is operated by Girl Ambition, Inc. (" Everloop," “we” or “us”) and is a website that provides a friendly and safe environment for children under 15 years old, with their parent’s consent and supervision, to experience social networking, including such features as games, chat rooms, message boards, voice chat, instant messaging, email, music/photo/video uploading and sharing and other age-appropriate activities. Our services include our website www.Everloop.com and other features, content and functionality offered by us from time to time in connection with our website. For ease of reference, our website and any related services will be referred to collectively as the “Site” and specific services which we may offer from time to time will referred to as “Services.”

These terms of use (“Agreement”) apply to the Site. If you have any questions about these terms of use or our privacy policy, please contact us at info@everloop.com.

Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

By using and/or visiting our Site (collectively “us”) you: (1) agree to be bound by these terms and conditions; (2) agree to our privacy policy, which is located at HYPERLINK "http://www.everloop.com/privacy" www.everloop.com/privacy and is incorporated here by reference; and (3) other legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations and restrictions regarding your use of our Site. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. If you do not agree to this Agreement (which is comprised of these terms of use and our privacy policy) please do not use the Site. You are only authorized to use the Site if you agree to abide by all applicable laws and this Agreement. Please be sure to review our privacy policy located at www.everloop.com/privacy.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.

Modification to Agreement.

We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes.

Eligibility for Use and Membership, and Ability to Accept Terms of Use

A “Visitor” is someone who is browsing through the Site. A “Child Member” is a child who is registered with the Site. A “Parent Member” is a legal parent or guardian who has registered his or her child to be a Child Member with the Site. Child and Parent members are collectively referred to as “Members.” Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”

You must be fifteen (15) years old or younger and have legal parental or guardian consent to be, and continue to be, a Visitor or Child Member on the Site. You must be 18 years of age or older and the child’s legal parent or guardian to sign-up as a Parent Member and sign-up your child as a Child Member. Parents and anyone 15 years of age or older may not register as Child Members. Parents may only register their own child(ren). Parents may not sign up someone else’s child, unless they are the child’s legal parent or guardian.

Child Members affirm that they are fifteen (15) years of age or older and possess legal parental or guardian consent to Use the Site and register for Membership. Parent Members further affirm that they have read and accepted this Agreement and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. All Members agree to abide by and comply with this Agreement.

The Site is not intended for children over 15. You should talk with your parent or guardian about what sites are appropriate for you to visit. If you are over 15 years of age, please do not use our Site. Your Child Membership may be terminated without warning, if we believe that you are over 15 years of age. Your Parent Membership (and concurrently your child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal parent or guardian of the child.

During the Membership registration process, Parent Members and Child Members will be prompted to provide personal information that allows us to know who you and your child are (“Registration Information”). By using the Site, Parent Members and Child Members represent and warrant that: (a) all Registration Information they submit is truthful, accurate, current and complete; (b) they will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) their use of the Site does not violate any applicable law or regulation.

You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information, including engaging third parties to provide such services as age and identity verification on the Site. We reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any User.

Note that special terms apply to some services offered on our Site, like subscription-based services or other features or activities. These terms are posted in connection with the applicable service. Subject to applicable law, any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

Registration Information and Membership Security; Fees; Access to Site

During the registration process by a Child, the Child will be asked to create a personal username (which cannot include the child’s real name or personal identifiable information) (“Child User Name”) and a password, provide his/her birth month and year and his/her Parent telephone number and email address. The Child’s subscription will not be complete until his/her Parent completes the registration process on the Site and pays the subscription fee. The Parent will be contacted using the information provided by his/her Child and will be provided a link in order to complete his/her Child’s Membership. The Parent will be asked to create a personal username (“Parent User Name”) and password and provide valid credit card information for payment of the subscription fee. Parents may also register their Child directly on the Site by following the on-screen instructions and providing the same information as described above. Once their Parent registers them and the subscription fee has been successfully processed, Child Members can create a Child User Name and password, and can customize their page, view groups, play games and use the other Services available on the Site. Parents do not have a public page on the Site, but do control their Child Member’s access.

Child User Names and Parent User Names are referred collectively as “User Names.” Each Member is required to have a unique User Name. Members may not select as User Name, in whole or in part, the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; or a name which we deem in our discretion to be vulgar or otherwise offensive. The User Name may not contain the child’s real surname. Parents are fully responsible for all activities conducted through their Memberships or under the User Name.

You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at abuse@everloop.com of any unauthorized use of your or your child’s username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site

During the registration process, Parents will also be asked to choose a password. Parents are entirely responsible for maintaining the security of their password. They agree not to use another Member’s account or password at any time, or to disclose their password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your or your Child’s Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Site. Your disclosure of your password to any other person is entirely at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your or your Child’s Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection. You acknowledge that we reserve the right to charge for some or all aspects of the Site.

We reserve the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Site, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

No Commercial Use

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

Content

In these terms of use, we use the word "Content" to mean text, pictures, photographs, drawings, digital images, graphics, music, video, audio, code, text and other creative output your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, posted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively “Distribute”) on or through the Site, including by us, you and other Users.

Access to Content

You acknowledge that: (i) by using the Site you may have access to Content, and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). We do not generally pre-screen Content.

You acknowledge that Everloop, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.

Ownership of Content; License

You retain copyright and other intellectual property rights with respect to your Content, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to us, our licensees, assignees, agents and affiliates and to other Users of the Site.

You agree that by submitting your Content to any area of the Site and to any Service, you automatically grant (and you represent and warrant that you have the right to grant) to us: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to (i) use, reproduce and distribute your Content within the Site and affiliated websites as permitted by you through your interactions on and through the Site, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Site, provided that in the event that your Content appears publicly in material under our control, and you provide written notice to Everloop of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow us, in our sole discretion, to identify the relevant Content and materials), we will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although we cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from our servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to copy, analyze and use any of your Content as we may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Site. Further, you agree to grant to us a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy, including the incorporation by reference of terms posted at HYPERLINK "http://www.everloop.com/privacy" www.everloop.com/privacy.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and we will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Our acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of our intention not to require users of the Site to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you post or upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data we store on our servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of Everloop.

Your Use of Content

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular Content, you may be permitted to download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited.

In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Users have the opportunity to provide comments about Content, your profile and any number of topics on the Site (“Comments”), and these Comments are made available to you for your information and use solely as intended through the normal functionality of the Site. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement.

You may access Content, User Content and other content only as permitted under this Agreement. We reserve all rights not expressly granted in and to our Content and the Site.

You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Site. 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 or enforce limitations on use of the Site or the Content therein.

You understand that when using the Site, you and your Child will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that you is inaccurate or that you deem offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold Everloop, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

Public Forums and Communications

“Public Forum” means any area, site or feature offered as part of the Site that offers the opportunity for Users to post and share Content, post comments, chat, voicechat, and interact with other Members, including a chat area, message board or social community environment.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Content you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by Members in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

We reserve the right to screen, refuse to post, remove or edit Content at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

General Use of the Site; Rules of Conduct

Users have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that we deem harmful. These rules apply to all Users, including Visitors, Parents and Children. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators.

You agree that you shall not:

• Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
• Impersonate any person or entity without their consent, including, but not limited to, a Everloop employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Make unauthorized use of any of our trademarks or service marks;
• Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
• Take any action or upload, post, e-mail or otherwise transmit Content as determined by us, in our sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the Site, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes;
• Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that we consider in its sole discretion to be of such nature, including any Content that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• Attempt to gain access to any other Member’s Membership account or password; or
• “Stalk,” “bully,” abuse or attempt to abuse, or otherwise harass another User. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership;
• You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• You will not engage in, attempt to engage in, or encourage or advocate any illegal behavior or criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

We cannot and do not assure that other Users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Cooperation; Removal of Content

Without prejudice to any of our other rights under these terms of use or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Content from the Site that violates this Agreement (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, conducting age and identity verification activities on the Site or ensuring compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Content at any time for any reason or no reason whatsoever.

Subscription/Billing

Users may visit, surf and enjoy many of the Site’s features for thirty (30) days at no cost. Users may become Members by subscribing to the site.  Members can pay the subscription rates via credit card or Paypal. Membership rates are as follows and may be changed at any time; the rate(s) detailed on the registration page of the Site shall control:

Monthly

$4.99 (based on a recurring monthly fee as measured from the date thirty (30) days after the Member applies for and begins payment for a recurring monthly membership)

Please note that all subscriptions above are recurring and will continue until the Member has cancelled the subscription.  To cancel a subscription, please e-mail your cancellation request to HYPERLINK "mailto:cancellation@everloop.com" cancellation@everloop.com.

Dealing With Other Members; Limitation of Liability

The Site may from time to time link to third-party web sites, such as YouTube, Flickr or Google (“Third Party Sites”). We are not affiliated, associated with or endorsed by Third Party Sites. Accordingly, this Agreement does not apply to your use of Third Party Sites services; nor are we responsible for Third Party Sites service, including compliance with children privacy protection laws. Please review the terms of use and privacy policy for any Third Party Site you or your Child may use if you choose to leave our Site and go to the Third Party Site.

As a condition of access to our Site, you release Everloop (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site.

You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Everloop (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.

Membership Termination.

This Agreement shall remain in full force and effect while you use the Site or are a Member. You may terminate your Parent Membership and/or your Child’s Membership at any time, for any reason, by contacting us at HYPERLINK "mailto:cancellation@everloop.com" cancellation@everloop.com. On your election to cancel, your and your Child’s Membership will be cancelled within 24-48 hours; however, if you have paid for access to specific Services in advance through a specific date, you will be permitted to use those Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of this Agreement, your and your Child’s access will be terminated and you shall not be entitled to the refund of any unused portion of fees.

We have the right at any time, for any reason or no reason, with or without warning to suspend or terminate your and your Child(ren)’s Membership(s), terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you. In the event that we suspend or terminate your and your Child(ren)’s Membership(s) or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else. Even after Membership is terminated, this Agreement will remain in effect.

If a Parent Membership is terminated, voluntarily or involuntarily, the Membership(s) of that Parent’s Child(ren) will terminate concurrently and automatically. If a Child Membership is terminated, voluntarily or involuntarily, the corresponding Parent Membership will generally remain active, unless we terminate it in our sole discretion, for example if we determined that the Parent or one or more of his/hers Children have engaged in abusive behavior or other violation of this Agreement.

Transfer of Membership and Assignment.

You may not assign or transfer your Membership, including your Child’s Membership, this Agreement or any or all of your rights hereunder without our prior written consent, and any attempt to do so is void. All or any of our rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of Everloop’s assets.

Disputes.

In the event a dispute arises between you and Everloop, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Everloop agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a “Claim”) in accordance with one of the subsections below.

Governing Law.

This Agreement and the relationship between you and Everloopshall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

Forum for Disputes

You and Everloop agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Contra Costa, California except as provided below regarding optional arbitration.

Optional Arbitration

For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims

All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, we may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.

No Liability for Accumulated Content

When using the Site, you may accumulate Content that resides as data on our servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

The Site Is Provided “As Is”

WE PROVIDE THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on our failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Further Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that we cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.

Your Indemnification of Everloop

At our request, you agree to defend, indemnify and hold harmless Everloop, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Site. You agree to defend, indemnify and hold harmless Everloop, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

General Provisions

This Agreement is accepted upon your use of the Site and is further affirmed by you becoming a Member. This Agreement, and the incorporated Privacy Policy, constitutes the entire agreement between you and us regarding the use of the Site. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The Site is controlled and operated by Everloop from its offices within the State of California, United States of America. We make no representation that any aspect of the Site or our Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Site from other locations are responsible for compliance with applicable local laws. Any software available in connection with our Site (the “Software”) is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use. Downloading or using the Software is at your sole risk.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

No consent or waiver by us under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Everloop. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of us shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Everloop.

We may give notice to you by means of a general notice on our Site, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership.

All notices given by you or required under this Agreement shall be faxed to Everloop, Attn: Legal Department, at: (925) 736-0116; or mailed to us at:

Everloop Legal Department
Attn: Girl Ambition, Inc.
9000 Crow Canyon Road, Suite S #240
Danville CA 94506

Digital Millennium Copyright Act.

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing a DMCA Notice

To file a DMCA Notice, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.

Your Notice must:

Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);

Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. If applicable, you should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;

Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);

If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;

The Notice must be signed;

The Notice must be sent to our DMCA designated agent at the following address:

Sarah Jones
DMCA Designated Agent
Everloop.com
900 Crow Canyon Road, Suite S #240, Danville CA 94506
Or fax to: (925) 736-0116 (on the cover sheet, please write: Attention: DMCA NOTICE).

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA

Your Counter-Notice must:

Describe and list all material(s) that were removed by Everloop and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;

Provide your name, address, telephone number and email address (if available);

State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);

State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.

Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

The Counter-Notice must be signed.

The Counter-Notice must be sent to our designated DMCA designated agent at the following address:

Sarah Jones
DMCA Designated Agent
Everloop.com
900 Crow Canyon Road, Suite S #240, Danville CA 94506
Or fax to: (925) 736-0116 (on the cover sheet, please write: Attention: DMCA NOTICE).

Updated: December 9, 2009

At EverLoop we are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Privacy Policy covers use of information collected by EverLoop related to your use of our sites, www.girlambition.com and www.girlambition.net.

EverLoop is a participant of the TRUSTe Children’s Online Privacy Seal Program. TRUSTe is an independent organization whose mission is to advance privacy and trust in the networked world. As these websites want to demonstrate their commitment to your privacy, they have agreed to disclose their information practices and have their privacy practices monitored for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact us at info@everloop.com. If you do not receive acknowledgment of your inquiry, or if you inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the website to resolve your concerns.

We are committed to providing a fun, entertaining, and safe websites for people of all ages. We are dedicated to safeguarding any personal information collected on the EverLoop websites. We ensure that our privacy policy and our information practices adhere to the Federal Trade Commissions Children’s Online Privacy Protection Act (”COPPA”).

To help ensure a rewarding online experience for our visitors, we provide you with this Privacy Policy that describes the information practices of the EverLoop websites, including how we collect, use and disclose personal information.

1. The Information We Collect

As described in this Privacy Policy, we directly collect from users during our initial registration process – child username, child birth month, child birth year, the parent’s email and or cell phone number for verification and completion of membership. When a EverLoop child registrant acquires a paid membership, we may collect additional personally identifiable information from the child’s parent. The types of personally identifiable information that may be collected at that time include the parent’s full name, email address, and credit card billing information including mailing address. The EverLoop websites does not condition a child’s participation in an online activity on the child providing more personal information than is reasonably necessary for that activity.

The EverLoop websites requires child users to provide a parent’s email address in order to register on the websites. We use this information to send the parent a messages regarding the account, to notify the parent about our privacy practices, to send the parent communications either about the parent’s and child’s accounts or about features of our websites, and for the other purposes described in this Privacy Policy.

We capture a user name when a user submits a form through the “Report Problems” portion of the websites so that we may respond to the inquiry.

For some of our online activities – such as email, IM, Voice Chat, contests, Everloop TV and tell a friend – we may ask users to provide information that is not personally identifiable, such as first name, age and state or a favorite color. We will never request address, phone number or school name. EverLoop provides filters and live monitoring to limit the users ability to communicate personally identifiable information through these features.

System Emails and posts – On a regular basis, EverLoop will email and/or post to all users regarding safety, manners and fun facts. Users will be able to reply to our content moderators. Some emails may ask about favorite colors, sports, etc. and user may respond with first name, state and age. We will never request a user’s address or phone number. We will take measures via live monitoring to delete any personal information that a user may communicate.

Tell A Friend allows a user to send an email or SMS to up to friends telling them about EverLoop. We collect a friend’s first name, friend’s email and user’s friend name for the sole purpose of sending this email, for SMS we collect only the mobile number.

Email and IM through a parent approved email list, only members can email/IM to that approved list, ie “Buddy List”. Free users can only receive system emails from, EverLoop content moderators.

Video, writing and photo contests are available to members. EverLoop collects only user name, user state and user age for the sole purpose of entering into the contest. All contest material is reviewed to ensure no personally identifiable information is included in the content.

Our EverLoop TV feature allows members to upload videos. All videos will be reviewed to ensure no personally identifiable information is included in the content. In addition, all users can rate a video which requires a user name, state and age.

Information collected through technology

We collect information through technology to make our sites more interesting and useful to you and for various purposes related to our business. For instance, when you come to one of our sites, we collect your IP address. An IP address is associated with the access point through which you enter the internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable information. We will use the IP address to assist in populating registration forms. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of our sites, and we may combine IP addresses with personally identifiable information.

Our websites collects information through a variety of technical methods, including but not necessarily limited to cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Web beacons are small pieces of data that are embedded in images on the pages of website. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.

Some business partners (such as tracking utility companies) may place cookies on our site. We do not have any access or control of these third party cookies.

We may use the information collected through these technical methods for many purposes, including delivering content, tracking and enhancing our guests’ experience on our websites. For example, when you return to one of our websites after logging in, cookies provide information to the site so that the site will remember who you are. We also may use technical methods to analyze the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites, and third party websites, such as the frequency with which our users visit other websites. In HTML e-mails that we send our guests, we may use technical methods for a number of purposes, including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a guest has closed the e-mail, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable information.

Our site contains links to other sites whose information practices may be different from ours. Guests and members should consult the other sites’ privacy notices, as the sites are not covered by our privacy policy.

Finally, we collect financial information as set out in Section 5 of this Privacy Policy. We do not use this financial information for any purpose other than verifying the identity of parents of our child users, and for processing payments to EverLoop. The financial information that you enter to purchase a membership is not stored by EverLoop, but, instead, is retained by our payments processing vendor for the purpose of processing credit card payments made to EverLoop. Our service providers (e.g. credit card processor) are required to use the information shared with them only to fulfill the specific transaction and not for their own promotional purposes.

2. How We Use, Disclose, and Store the Information We Collect

In addition to the purposes described in Section 1, we may actively collect and use email addresses, user names and mobile phone numbers to track usage and to ensure users are following the site’s Terms of Use. In addition, we may use an email address and user name to ban a user temporarily or permanently from the EverLoop website if that user engages in inappropriate conduct on the site. We may also use email addresses, mobile phone numbers, and user names to enable parents to review personally identifiable information that the children have submitted to the EverLoop websites and to provide notification regarding the site, such as any future amendments to this Privacy Policy. We also may use information in the aggregate to analyze site usage, as well as to offer products, programs, or services.

We may disclose information where we are required to do so by law, for example, in response to a court order or a subpoena, or where we disclose information to service providers or other group companies who provide support for the operations of our websites and who do not use or disclose the information for any other purpose. To the extent permitted by applicable law, we also may disclose personally identifiable information in response to a law enforcement agency’s or other public agency’s (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our websites, protect the security or integrity of our websites, or enable us to take precautions against liability.

If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer personally identifiable information to a third party as part of that transaction, to the extent permitted by applicable law.

3. Collection of Information for Third-Party Sites and Sponsors

We do not allow third-party companies to solicit or advertise to our users. Our intention is to keep EverLoop free from any of this sort of direct advertising. We do not share any personally identifiable information with any third parties for their own promotional purposes.

4. Security

The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect guest information from unauthorized access and improper use. When you enter sensitive information, such as your credit card number, on our membership subscription form, we encrypt that information using secure socket layer technology (SSL). Additionally, all user sessions of members are encrypted upon login via SSL.

Any parent who wishes to have an account and all personally identifiable information deleted can send an email to customerservice@everloop.com.

From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

5. Financial Information

As noted in Section 1, if you decide to purchase a membership, the parent’s full name, email address, credit card billing information including mailing address will be required at the time of purchase. Credit card information is not stored by EverLoop, and, instead, is collected and stored by our payments processing vendor for the purpose of processing payments made to EverLoop. That information is safeguarded with appropriate security, and it will not be used for other purposes. Furthermore, our payments processing vendor has agreed to maintain the confidentiality, security, and integrity of the personal and financial information it obtains from the EverLoop websites, and only to use this information on our behalf. Our financial institution is bound by all applicable privacy laws relating to the provision of financial services.

6. Access to Information, and Objection to Information Collection and Retention

Please contact EverLoop as provided below if you would like to access the personally identifiable information that we have collected online from you or your child, correct factual errors in such information, request to have this information deleted, or request that we no longer collect or maintain such information.

Please be sure to include your email address and a telephone number where we can reach you. To protect you and your child’s privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about you or your child.

7. Contact Us

If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to EverLoop at info@everloop.com or write us:

Member Services
EverLoop
9000 Crow Canyon Road, Suite S #240
Danville, CA 94506

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

8. A Final Note to Parents

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit http://parents.everloop.com site and look through the “On Line Safety” section. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

9. Effective Date and Privacy Policy Changes

The privacy policy set out above is effective as of December 6, 2009, and applies to all information previously obtained by EverLoop. We reserve the right to change the privacy policy at our sole discretion. EverLoop users will be informed of any such change by us posting a new privacy policy on the websites and the effective date of any change of privacy policy will be clearly marked. As required by law, we will not use personally identifiable information in ways that are materially different from the ones described in this Privacy Policy without also providing notification of such practices and obtaining consent to any such different uses. If we make material changes to this policy, we will notify you by email and by means of a notice on our home page.

Effective: December 20, 2009

Girl Ambition, Inc. DBA Everloop (hereafter “EL”) goes to great lengths to protect children under the age of 13. We are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Youth Privacy Policy is designed to answer your questions regarding our privacy policies and principles with respect to children under the age of 13 (each a “child “and collectively “children”). Building on our general Privacy Policy, we recognize the need to provide additional privacy protections when children visit the sites on which this Youth Privacy Policy is posted. We explain those additional protections here in this Youth Privacy Policy. For your convenience, this Youth Privacy Policy uses terms that are defined in our general Privacy Policy. The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Web site. Below we explain how we do that for these children. Also, when we use the term “parent” below, we mean to include legal guardians.

Q1. What types of personal information do we collect about children?

A1. Children can visit www.Everloop.com, view content, and play games, enter contests and sweepstakes without any personal information being collected. We do not collect personal information from children. We may collect information from the parents of a child if they register on the EL site. Typically, children will register in order to participate in sweepstakes or contests or to participate in a special activity. The only information we collect from parents during our registration process is a child’s first name, parent’s e-mail address, child’s birth date, member name, and password, and a credit card number. We collect birth dates to validate the ages of our guests, including children. We do not collect any personally identifiable information from children during our registration process. We also will collect a child’s e-mail address from a parent for the purpose of sending the child e-mail related to a subscription. We may collect personal information from parents in order to allow their children to participate in certain features located on our Web site. These features may include one to one instant message chatting, sending e-mail, posting on message boards, and other similar activities. In the course of a child’s participation in these features, a child may also provide us additional information about himself or herself, such as the contents of his or her chat or message board postings. We will not collect information from a child. All information that we collect must come from the child’s parent.

Q2. How do we use and share the personally identifiable information that we have collected about children?

A2. If a child registers for a sweepstakes or contest, we may use the parent’s e-mail address to notify the parent of the child’s registration request (as described in detail below in A3). To personalize communications to a child regarding a specific product, we may use the child’s first name combined with the parent’s last name and a mailing address provided by the parent when signing up for that specific product. We may collect a child’s e-mail address from the parent in order to send the child a newsletter. In addition, personal information regarding a child may be collected and used to enable a child’s participation in certain interactive features such as instant message chatting, sending e-mail, posting on message boards and other similar activities. These activities may involve disclosure of a child’s personal information to third parties. In addition, we may share a child’s personal information with third parties to the extent reasonably necessary to: protect the security of integrity of our sites; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies or for an investigation related to public safety.

Q3. How do we notify and obtain consent from parents for the collection of information from their children?

A3. We send parents an e-mail when their child registers and enters a sweepstakes or contest and we provide parents 48 hours to refuse their child’s registration and entry in the sweepstakes or contest. If the parent refuses to allow the child’s registration and entry, we delete the child’s information from our database. If we don’t hear back from the parent, we assume it is acceptable for the child to be registered and entered in the sweepstakes or contest. Once a parent permits a child to register, the child will be able to enter future registration-based sweepstakes or contests without any further notification to the parent. If a child wins a sweepstakes or contest, we notify the parent at the parent’s e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner’s first name, first initial of last name, city, and state of residence on our Web site.

We collect personal information from children when they participate in activities. Before allowing a child to use these features, we send an e-mail to the child’s parent requesting the parent’s affirmative consent to the child’s participation. If the parent responds by e-mail and gives such consent, we then follow that communication with an e-mail confirmation to the parent and allow the child to participate in the activity.

Before allowing a child to use a feature of our Web site that might result in the public disclosure of the child’s information to third parties on the Internet, such as posting on open message boards, we require a high level of verification to confirm that the parent has given permission for the child’s participation in such features. For example, we may require a parent to provide us credit card information, speak to a trained telephone operator or return by postal mail or fax a signed consent form.

Q4. How can parents access, change or delete personally identifiable information about their children?

A4. At any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records. We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children.

1. A parent can access, change, or delete his or her child’s personal information by logging on to the child’s account at the Member Services Home Page located at My Account. The parent will need to have their child’s member name and password. There are instructions on the Help Desk home page explaining how to recover a password if the child has forgotten it. 2. A parent can contact our Member Services department to access, change, or delete the personal information that we have collected from his or her child by sending an e-mail to info@everloop.com.

Please include the child’s member name and the parent’s e-mail address in the e-mail so that we can better assist you with your inquiry or request.

Q5. How will we notify parents if our Youth Privacy Policy changes?

A5. We may amend our Youth Privacy Policy at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share Youth personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses. We will apply material changes in our Youth Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.

Q6. Who do guests contact with questions or concerns about our Youth Privacy Policy?

A6. If you need further assistance, please send an e-mail with your questions or comments to legaldepartment@everloop.com or write us at:

Everloop Member Services
9000 Crow Canyon Road, Suite S #240
Danville, CA 94506

You may also telephone us at 1-(925) 736-4711. (If you are not 18 years of age or older, you must have your parent or guardian’s permission to call this number.)

Everloop is a licensee of the TRUSTe Privacy Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please feel free to contact the TRUSTe Privacy Program at http://www.truste.org/users/users_watchdog.html with any issues or complaints.

Everloop offers kids a safe and secure social network! Join groups, talk to your friends, email, IM, chat live*, play games, and send your updates to and from mobile phones by text message (SMS) if your parents approve. All of this, including SMS text messaging will be included free of charge for charter members of Everloop, though standard carrier rates apply for text messaging.

Welcome to the Everloop SMS service for text updates from Everloop.com. New posts, updates, and requests are sent right to your phone. This service is provided free of charge for our subscribing members, standard text messaging charges from your carrier do apply. Reply STOP to 25815 to opt out from this service, send HELP for help. Service and all purchases must be made by, or authorized by, the account holder. Not compatible with all cell phone models. For full terms and conditions click TERMS AND CONDITIONS.

For support please email help@everloop.com

if you need help from your mobile phone, please text HELP to 25815, and we will send you help information and further contact info.

Opt-in

To Opt-in to receive updates on your mobile phone, text JOIN to 25815 and we will help to guide you through the process.

Opt-out

To opt out of our mobile SMS service, text STOP to 25815 from your mobile phone and you will be unsubscribed from any messages until you re-register on our website.

• You can contact Everloop by email, phone, or mail. Customer support hours are Monday-Friday 9:00 a.m. – 6:00 pst.
• By Email: Support@everloop.com
• By Phone: (877) 677-2607
• By SMS Text Message: text HELP to 25815
• By Mail:
  Everloop
  9000 Crow Canyon Road
  Suite S, 240
  Danville, CA 94506
• To Contact Mad Science: kidsclub@madscience.org