The 3 C’s of Conduct on Everloop
Everloop is a safe, fun place for everyone...so no swearing, cheating, bullying or general bad behavior allowed. If you do any of that, we might have to boot you from the Loop.
Everloop is not about drugs, alcohol, sex, race or any inappropriate stuff like that. We will block offensive posts.
Play safe on Everloop–don’t share your real name, address, phone number, email or passwords with anybody.
Effective: December 20, 2009
Q1. WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT ABOUT CHILDREN?
A1. Children can visit www.Everloop.com (our “Site”), view content, and play games, and customize their experience without any personal information being collected. We collect information from the parents or the child if they register on the EL Site. Children must register in order to join the site, parents must authenticate the children by completing parent registration within 21 days of a child registering. The only information we collect during our child registration process is a child’s name, parent’s e-mail address, child’s birth date, display name, and password. We collect birth dates to validate the ages of our guests, including children. During parent registration we collect parent email, parent password, credit card information and billing address. We use this information to authenticate the parent.
We also will collect a child’s e-mail address from a parent for the purpose of sending the child e-mail related to his/her membership and for customer support. We may collect additional 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, voice chatting, sending e-mail both to friends and to email address outside of the site,, posting on site message boards, and other similar activities. In the course of a child’s participation in these features, a child may also reveal to us additional information about himself or herself, such as the contents of his or her chat or message board postings. We will not solicit information from a child. All personal information that we collect come from the child’s parent.
Q2. HOW DO WE USE AND SHARE THE PERSONALLY IDENTIFIABLE INFORMATION THAT WE HAVE COLLECTED ABOUT CHILDREN?
A2. 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. Parents can choose what interactive features child members use on the site, and monitor and control that use through the privacy panel.These activities may involve disclosure of a child’s personal information to third parties and our partners and operators. 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. Everloop has no power to enforce or change the policies of third party partners or operators, but – prior to working with each – we receive representations from them that their privacy policies are COPPA compliant. We periodically request re-verification of this.
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 if their child registers with the Site, requesting parent confirm the registration by completing the parent registration process. We provide parents 21 days to accept or refuse their child’s registration. If the parent refuses to allow the child’s registration or does nothing within the 21-day time period, we delete the child’s information from our database. If a parent accepts the request to register and completes the registration process, the child will be able to use those site features that parents have approved through the use of the parental privacy panel (“Privacy Panel”).
The Privacy Panel allows parents to see and control the level of freedom and access for each child for whom parent has given permission to use the Site. For instance, depending upon the controls a parent has set for his/her child, a parent will be notified if a child wishes to use a feature of our Site that might result in the public disclosure of a child’s personal information to third parties on the Internet, such when a child wishes to post content on open message boards on the Site. Parents receive notification through their Privacy Panel and through the Privacy Panel, allow or deny the activity in question. In some cases, depending upon the activity and/or level of privacy set by a parent, we may require a parent to provide us credit card information, last four digits of parent Social Security Number, 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. Depending upon what a parent requests, it may be necessary to delete a child’s user profile completely.
A parent can access, or change their child’s access to various features of the website by using the Privacy Panel. The parent will need to login securely using the email address and password they entered during the original registration process. There is a “password reset” feature on the Site, in the event any user has forgotten his/her information.
A parent can contact our Member Services department to access, change, or delete the personal information we have collected from his or her child by sending an e-mail to firstname.lastname@example.org. We ask that you please include the child’s member name and the parent’s e-mail address in the requesting email so that we can better assist you with your inquiry or request.
A6. If you need further assistance, please send an e-mail with your questions or comments to email@example.com or write us at: Everloop Member Services 9000 Crow Canyon Road, Suite S #240 Danville, CA 94506 You may also telephone us at 877-677-2607. (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 member of the PrivoLock™ 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 Privo directly at http://www.privo.com/contact_us.htm with any issues or comments.
Updated: February 24, 2012
Everloop includes our integrated partner, Mad Science and includes the madsciencekidsclub.com website, which may operate some or all areas of the Everloop site (collectively, the “Site”).
1. THE INFORMATION WE COLLECT
Many portions of the Site may be accessed without providing any personally identifiable information (“PII”) to us. If you do not become a member (“Member”), you will be considered a visitor on the site.
You or your child may start the membership process, but in all cases, a parent must complete the registration. A child who starts the membership process will receive login credentials, be given the permissions assigned to pending “Unverified Child Members” accounts, and will have limited access to the site in order to bar sharing of potentially private information. The child’s account will remain in this pending state until successful Parent Account creation and identity authentication has been completed, as outlined below. If the Unverified Child Member’s information is not authenticated by a parent or legal guardian (“Parent”),no personally identifiable information will be collected from the child, and the child will have a very limited experience in order to protect the child from unauthorized sharing of personally identifiable information.
EVERLOOP MEMBER INFORMATION
1) First Name Display name: the name other Members will see when on the Site, which may include a first name (“Display Name”) Full date of birth; 2) Username: The name the child uses to log into Everloop.com, and the name visible to other Everloop members. Parent email address: The parent email address is used to contact and inform the parent about the child’s wish to participate in Everloop, as well as provide a way for parent accounts to attach to child accounts; 3) Password: This is secret and only known by the child user; 4) Date of Birth: to clarify this child is of the age to participate; 5) Gender, and 6) additional email (optional)
PARENT MEMBER INFORMATION
1) First name and last name; 2) Email address: this is used to link the Parent Account to the child account, as the username for the Parent Account, and the location where information regarding forgotten passwords will be sent; 3) Mobile phone number (optional, for customer support needs); Home address (which becomes important during authentication of your account); 4) Date of Birth (Necessary for filtering out child users).
The collection of Parent Member Authentication information is outlined below:
Authentication by Credit/Debit Card:
If you choose to verify your identity using a credit card, you will be required to enter your credit or debit card number, the CVV, and the expiration date on the card. This information will be stored by our credit card gateway, Authorize.net. Under federal law, we charge your card $1.00 for this service. You may, however, use this money to purchase digital products on our Site. The dollar is non-refundable and your credit card information is not fully retained after the purchase is completed (we retain the last 4 digits).
Authentication by Social Security Number:
If you choose to verify your identity using your social security number, you will be asked for the last 4 digits of your social security number. We use a third party authentication service, PrivoLock™ to match your name and last 4-digits of your social security number. We also collect a visitor’s display name whenever someone submits a form soliciting feedback or problems so that we may respond to the inquiry.
Unsolicited Information Shared by Child users:
Currently, only children with full membership (“Everloop Member”), whose parent has created a Parent Account and successfully completed the authentication process, may have full access to functionality in Everloop, which includes various opportunities for user generation content, such as text posts, comments, photo uploads, chat, video uploads, etc. When an Everloop Member engages in some of our online activities, including sending email or IM, contests, video and our “Invite a Friend” service, they may share information that is considered Personally Identifiable. Parent Accounts have the ability to restrict access to these features through the Parent Panel. There is no foolproof system for protection of PII (Personally Identifiable Information). Everloop provides filters and live monitoring to limit the users ability to communicate personally identifiable information through these features.
If a child has not been approved for full access to Everloop because his or her parent has not completed the authentication process, the child will be unable to participate in these activities that allow for user generated content.
System Emails and posts – On a regular basis, Everloop will email and/or post to all Members information regarding safety, manners and fun facts. Everloop Members will be able to reply to our content moderators. Parent Members may not participate in any forum or communicate with Everloop Members on Everloop except through the email service.
Everloop’s "Invite a friend" program allows an Everloop Member to send email to friends who are not Everloop Members 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, but do not store this in a personally identifiable manner. Unverified Child Accounts who have not yet been authenticated by a Parent Member do not have access to any of these features and are not contacted.
Regarding the Everloop Email System:
An Everloop Member may use his/her Everloop email address to send messages to other Everloop Everloop Members and to non-members who have an email address (depending upon what a Parent Member has allowed through the Parent’s use of his/her “Parent Panel”, which allows a Parent Member to control and monitor certain Everloop Member activities) Outbound email is permitted to any address and to friends within the network. All incoming email is approved through a parent approved email list maintained in the parent panel, Unverified Child Members may receive “information only” communications from Everloop community staff, moderators, and customer support.
Video, writing and photo contests are available to Everloop 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. In order to receive the reward from a Contest entered, Everloop staff contact the parent for additional approval.
Our Video category, profile and group post features allows Everloop Members to upload videos. Parents should instruct their Everloop Members about using safe practices to ensure no PII is revealed in the video. All videos will be reviewed prior to posting and a commercially reasonable effort will be made to ensure no PII is included in the uploaded content.
GENERAL COLLECTION OF NON PERSONAL INFORMATION.
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 access 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 Site 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 users’ 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 users, we may use technical methods for a number of purposes, including: to determine whether our users 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 user 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.
2. HOW WE USE, DISCLOSE, AND STORE THE INFORMATION WE COLLECT
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 PII 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 PII to a third party as part of that transaction, to the extent permitted by applicable law.
3. COLLECTION OF INFORMATION FOR THIRD-PARTY SITES SPONSORS AND OPERATORS
In order to keep the cost to Members of using the Site free or low, we do allow third parties to show third party advertising on the Site. In some cases, an Everloop Member may be shown an advertisement prior to engaging in a selected activity on the Site. The foregoing notwithstanding, we do not provide PII to these advertiser’s or allow third-party advertisers and companies to directly solicit or advertise to our Members, such as through their Everloop email address.
The security and confidentiality of your information is extremely important to us. While there is no definitive or perfect security process, we have made commercially reasonable efforts to implement 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 PII deleted can send an email to Support@everloopcrew.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, during parent registration and authentication, the parent's full name, email address, credit card billing information including mailing address will be required if the parent chooses to purchase Evercredits for the child user. 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
Member Services Everloop, Inc.
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 stay involved in and informed about what your child is doing online. 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.
Last Updated February 24, 2012
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS SITE IS DIRECTED AT U.S. AND CANADIAN RESIDENTS. IF YOU ARE OVER 15 YEARS OF AGE, YOUR ONLY ACCESS TO THIS SITE SHOULD BE AS A PARENT MEMBER, AS DEFINED BELOW:
EverLoop.com is operated by Everloop, Inc. (also known within this document as "Everloop", “we”, or “us”). Everloop.com 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.
“Visitor” is someone who is browsing through the Site without registering for or logging into an Everloop Account.
“Child” is someone between the ages of 8 – 15 who wishes (or has registered) to be a Member of Everloop.
“Parent” is someone over the age of 18, who is either the parent or a legal guardian of a child wanting to register (or has registered) to be a Member of Everloop.
“You” is in reference to you as the Parent and legal guardian, and your Child, whom you have granted access to the Site.
“Unverified Child Member” or an “Unapproved Child Member” is a child who has registered with the Site but has not yet been attached to a completed Parent Account. Until the parent or legal guardian gives approval by creating a Parent Account, an unverified child member has very limited access to areas that incorporate user created content.
“Everloop Member” (or an Everloop Account holder) is a child who has created an account and is attached to a completed Parent Account. Everloop Members have full access to the site, with limitations enacted by the Parent Account.
“Parent Member” is a legal parent or guardian who has registered his or her child to be a Child Member with the Site. This member may have started the Parent Account creation process and received credentials, but has not yet successfully completed the adult verification process.
“Parent Account” – this refers to the account created by the parent or guardian to govern the child’s Everloop Account. The parent or guardian must complete the adult verification process in order to access the Parent Account and the Parent Panel.
“Parent Panel” – this is the account management center where the parent or guardian governs the child’s Everloop Account. Limitations and notifications for one child, or a family of Everloop Account members can be set from the Parent Panel.
Membership - 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.”
3. 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. This Policy was last updated on February 24th, 2012.
The Site is not intended for children over 15. Children 16 and over should talk with their Parents about what sites are appropriate to visit. A Child Membership may be terminated without warning, if we believe that the Child Member is over 15 years of age. A Parent Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site. 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”).
5. Registration Information and Membership Security
During the registration process by a Child, the Child will be asked to provide a “First Name”. We use this to allow a child’s “friend requests” (requests from other Everloop Child Members to become connected on the Site) to be recognized by the Child Member and Parent Member. It is necessary for the child to provide a “Username” (or “login name”), which will be the public name used in Everloop. All “usernames” will go through a privacy and profanity filter to restrict the sharing of Personally Identifiable Information (or “PII”). THe Child will also be asked to provide a password, provide his/her birth date, birth month and year, gender, and his/her Parent’s email address. The child’s registration will not be complete until his/her Parent completes the registration process on the Site and authenticates the child. Once the child is authenticated by a Parent, s/he becomes an Everloop Member, the Child will have access to the Site, subject to certain controls set by the Parent Account in the Parent Panel. The Parent and Child may register at different times. Children may begin the registration process with their Parents or alone, but will not have full access to the site until after a Parent creates a Parent Account and completes the authentication process successfully. Child members who are Unverified Accounts remain in a pending state until his/her parent completes the authentication process. Until that process is complete, the unverified child member will not be able to access to any feature that allows the child to communicate or share personally identifiable information (“PII”), such as new Loop creation, chat, text posts or comments, image or video uploads, or contest participation.
Parent Accounts do not have access to the Site, but can access the Parent Panel to control the Child’s access to certain content on the Site. A Parent must become a Parent Member in order to authenticate any Child. After the Parent creates an account the Parent will be prompted to authenticate by either credit card information or by providing the last four digits of his/her Social Security Number. The Parent’s username is the email address s/he provides us during Parent registration process. Parents will also have to create a password. Once registration is complete and Parents become Parent Members, this password will allow a Parent Member to access the Everloop Parent Panel where the Parent can monitor a Child Member’s activity and elect to receive notifications of a Child Member’s activity via email and/or SMS text message.
a) A Child’s Everloop Username. Everloop uses filtering software against Usernames to restrict the use of profanity and Personally Identifiable Information. Everloop also monitors usernames for those who abuse the right to a username. Usernames may not contain the child’s real surname.
b) Misuse of Username or Identity. No Member may impersonate any person or entity or misrepresent a Member’s 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. Members agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of a Child or Parent Member’s username, password, or other sensitive account information. Members shall notify Everloop of any breach of security involving or relating to the Site Members should never respond to online requests for Member passwords other than in connection with the log-on process for the Site. Any such password requests should be forwarded to us at email@example.com.
c) Liability and Loss due to Account Abuse. Disclosure of a password to any other person is at a Member’s own risk. Although we will not be liable for a Member’s losses caused by any unauthorized use any Member information, Members may be liable for our losses or the losses of others as a result of such unauthorized use. We do not provide Internet access. Members are solely responsible for any fees associated with any Internet connection that provides access to the Site. Everloop reserves 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 without liability to Members for any unavailability of the Site. Except as provided by law or otherwise provided in this Agreement, Members shalls not be entitled to any refunds of fees for interruption of service or failure to perform. Everloop has 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.
6. Verification and Safety
We believe your child’s safety on the Internet is important. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure "verifiable parental consent" as required under the Children's Online Privacy Protection Act ("COPPA"). We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information from your child that you did not authorize. Currently, we offer two methods of verification: credit card verification with Authorize.net, and Social Security Number verification through PrivoLock™.
Credit Card Verification
If you choose credit card verification, you must use a credit card that matches the name you used to sign in. We will verify your credit card through a industry standard verification process with your issuing bank and Authorize.net. Your credit card number will not be stored after verification is completed; only a record of the verification will be stored for audit purposes. Everloop will maintain a secure token that can be verified with our credit card processor to facilitate future purchases without re-entering credit card information.
Social Security Verification
If you choose Social Security Number verification we will ask you to enter your legal name, date of birth, zip code and a partial social security number, for instance the last 4 digits. We will verify that the data you have provided is associated to a real person by verifying the match of this information through our partner service PrivoLock. Your birth date and partial Social Security Number will not be stored after verification is made by Everloop. Your Social Security Number will not be stored by the PrivoLock verification service. Everloop will maintain a secure token that can be verified with PrivoLock if the need arises to reaffirm or audit your consent for existing or follow on services.
7. 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.
8. Third Party Advertising
9. Partners, Sponsors, and Operators
10. Dealing With Other Sites and Applications
11. Ownership of Content
We use the word "Content" to mean any and all text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, poems 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.
a) 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. Content does not include any PII that you were required to provide during the registration process for Parent Members and Child Members. Content may, however, include personal information if you have voluntarily provided such information it on another area of the Site. You acknowledge that Everloop, its licensors, 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.
d) 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, and AT YOUR OWN RISK. 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. Everloop shall not be responsible for any damage or any kind to you or your computer as a result of downloading Software from our Site.
12. Communication, and Public Forums
"Public Forum" means any area, site or feature offered as part of the Site that offers the opportunity for interactive communications between Users, such as posting and sharing Content, posting comments, chatting, voice-chatting, and interacting with other Members in the Site chat area, message board or social community environment.
You acknowledge that the Public Forum 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 do not 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. While we endeavor to provide a safe environment for your Child, there are no guarantees and we do not generally monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Content 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 Content 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.
13. Rules of Conduct
You 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 and others acting in concert. You agree that you shall not:
a) Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
b) 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;
c) 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;
d) 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;
e) 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;
f) 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;
g) 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);
h) 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);
i) 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;
j) 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;
k) 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;
Membership is free, unless otherwise provided on the registration page of the Site.
Credit Card Verification for Parent Authentication Charge
During parental registration, a $1 charge will be placed on the credit card provided if parent chooses the credit card authentication method. Once the $1 charge is successfully captured, the first child registered will be gifted 100 Evercredits for use on the site.
Upgrades to Membership
VIP or Premium Membership may be available and may require the purchase of a virtual currency called Evercredits, as defined herein.
16. Site Virtual Currency and Evercredits
17. Limitation of Liability
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.
18. 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 firstname.lastname@example.org. On your election to cancel, your and your Child’s Membership will be deactivated 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 and/or Evercredits.
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 Evercredits account balance, 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 determine that the Parent or one or more of his/hers Children have engaged in abusive behavior or other violation of this Agreement.
19. 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.
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.
a) Governing Law. This Agreement and the relationship between you and Everloop shall 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.
b) Forum for Disputes You and Everloop agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California except as provided below regarding optional arbitration.
c) 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.
d) 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.
21. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.
a) 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 DISPLAY 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.
b) 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.
c) 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.
22. 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.
23. General Provisions and Notices
a) 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: Kim Bruce 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).
b) 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: Kim Bruce 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).