Below are our Terms of Use and Privacy Policy. Please take a moment of your time to read.
Terms of Service - Privacy Policy
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE EVERYSPIRIT WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE EVERYSPIRIT WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
These Terms of Service (“TOS”) apply to all users of the EverySpirit.com website (the “Site”). By using this Site (including any content posted on the EverySpirit.com Site), you signify your acceptance of these “TOS”, as well as the “Privacy Policy” which are incorporated by reference into these “TOS” and made a part hereof. EverySpirit.com reserves the right to update or change these “TOS” at any time by posting the most current version of the “TOS” on the EverySpirit.com Site. Your continued use of the EverySpirit.com Site after we post any changes to the “TOS” signifies your agreement to any such changes. If you do not agree to these “TOS”, you must discontinue using the EverySpirit.com Site and terminate your EverySpirit Membership in EverySpirit. This EverySpirit.com Site is owned and operated by EverySpirit and applies to the following “TOS” below.
EverySpirit is an online Service for users (guests) that allows EverySpirit members to set up unique personal profiles and, through those profiles, to create an online network of other EverySpirit Members. Members can view each others' profiles, communicate with friends and make new friends on the Site, possibly share photos, maybe post journals and comments, and describe their interests. To enrich our Members' experience, EverySpirit request and display some personal information to other Members and visitors, which allows our EverySpirit Members to identify each other and expand their network of friends. EverySpirit Members can change their profile information at any time and can control how other EverySpirit Members and EverySpirit communicates with them.
EverySpirit.com is a place to talk and communicate with all types of possible understandings of the spirits one has learned or shares. All information given or taken is AS-IS. This is a place for entertainment purposes only. NOT suitable for people taking medication or having treatment for clinical depression or psychological illness.
EverySpirit may or may not offer items for sale on the EverySpirit.com.
User Provided Information
EverySpirit may collect personal information from you when you register with EverySpirit site, update your profile, interact with other Members, and use various features of our site. To register with EverySpirit, you must provide a name, birthday, and email address, and select a screen name. When you submit this information, EverySpirit will send you a confirmation email that you must respond to in order to complete the registration process. Once you are registered, you will be given the option to add additional personal information about you and your family/friend to your profile area. By using the privacy settings on your profile, you can control which EverySpirit Members have access to certain areas of your personal profile data. Keep in mind, however, that certain basic profile data cannot be hidden and will always be displayed on the Site once they register (see, "When You Register" below.)
EverySpirit Members may also choose to provide or store non personal identifiable information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated ( schools, books, companies, inter net ), videos and/or pictures, private messages, bulletins or personal statements ( collectively “Profile Information”). The Profile Information in a EverySpirit Member’s profile is provided at his or her (individual) sole discretion.
When you Register
When you register with EverySpirit.com, you may create your own profile and privacy settings. Your profile information, as well as your screen name and photo are displayed to people in the networks specified in your privacy settings to allow you to connect with other EverySpirit Members. Your real name is never displayed on the EverySpirit.com site (unless you use it as your screen name), but your real name may be included in emails that you "send to a friend." You can choose to allow EasySpirit Members to search for you by using your real name/name or most other information you have entered in your profile.
Please be aware that certain personal profile information is displayed for all EverySpirit Members and cannot be hidden. Specifically, your screen name, photo, number of kids and the location entered on your EverySpirit profile and they are always displayed on the Site and therefore, are viewable by all users. In addition, because this information is publicly displayed on the Site, it may appear in the results of searches conducted on Internet search engines while you are an EverySpirit Member of the Site and potentially for some time period after your EverySpirit membership is terminated, depending upon the search engine's indexing practices.
By using the search functionality on the EverySpirit Site, EverySpirit Members can find other people with similar interests and challenges. When you find other EverySpirit Members, you can view their personal profiles to find out more about them based on the information they have decided to share on the EverySpirit site. Journals, Photos, and Videos. As a EverySpirit Member, you can share personal content, such as journals, photos, and videos. Please be aware that by using any of these features, your personally identifiable information may be accessible to EverySpirit Members and non-Members, and EverySpirit has no control over how those users may use your personally identifiable information. EverySpirit have the right, but not the obligation, to monitor any activity and content associated with the public and private forums and interactive areas on our Site. Please review our "TOS" and "Privacy Policy" for more information regarding your appropriate use of these areas. , you may create your own profile and privacy settings. Your profile information, as well as your screen name and photo are displayed to people in the networks specified in your privacy settings to allow you to connect with other EverySpirit Members. Your real name is never displayed on the EverySpirit .com site (unless you use it as your screen name), but your real name maybe included in emails that you "send to a friend." You can choose to allow EverySpirit Members to search for you by using your real name/name or most other information you have entered in your profile.
All personally identifiable information that EverySpirit collect may become part of your EverySpirit Member file and may be used by EverySpirit as provided in the "Privacy Policy" and or "TOS" or as disclosed at the time you provide the information or as otherwise agreed by you.
As EverySpirit continue to offer our visitors new and different types of content and services, EverySpirit may modify our practices from time to time. However, EverySpirit will treat all personal information EverySpirit collect in accordance with the privacy notice in effect at the time the information is collected. This “Privacy Policy” is a part of the terms and conditions which are set forth in our "TOS". Any terms that are not defined in this “Privacy Policy” shall have the meaning given in the Agreement.
By using or accessing this EverySpirit.com website, or any website hosted at or with the EverySpirit.com domain name (the "Site"), or by using any of the content hosting and sharing services provided via the Site (including without limitation the EverySpirit Media Plug-in or any APIs) ("Services"), you agree to be bound by these “Terms of Service” and by the “Privacy Policy” of EverySpirit. (" EverySpirit "), which are collectively referred to as the "Agreement." Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the Site or any of the Services.
EverySpirit may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the EverySpirit Site and Services, for any reason, and without notice. Each revision will be marked with a revision date and will be posted on the Site. EverySpirit recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for an EverySpirit account), the terms of this Agreement, as modified by EverySpirit from time to time, will govern all use of the Site and Services. By continuing to use or access the EverySpirit Site or any of the Services, you agree to be bound by the “Terms of Service” and “Privacy Policy” in effect at the time of such use or access.
EverySpirit.com Site and the Services offered are intended for your noncommercial, personal use in accordance with the "TOS" and “Privacy Policy”. You agree that you will not a.) copy, distribute or display any part of the Site, in any medium, without EverySpirit's prior written consent, or b.) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the EverySpirit Site, or to manipulate the EverySpirit Site or the Services, or otherwise exceed the limited access granted to you by EverySpirit. You will take no action to interfere with, interrupt, destroy or limit the functionality of the EverySpirit Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You are solely responsible for the content that you post on or through any of the EverySpirit.com Site or Services, and any material or information that you transmit to other EverySpirit.com Members and for your interactions with other Use or users and or visitors.
Disclaimer
The Services, EverySpirit Site, Content, and any software are provided on an "AS IS" basis, NO warranties of any kind, implied or expressed. Also without limiting the forgoing EVERYSPIRIT disclaimer all warranties of merchantability, fitness for a particular purpose, or non-infringement.
Eligibility
Use of the EverySpirit.com Services and Registration to be a EverySpirit Member for the EverySpirit.com Services (“Membership”) is VOID where prohibited. By using the EverySpirit.com Services, you represent and warrant that:
1.) All registration information you submit is truthful and accurate;
2.) You will maintain the accuracy of such information;
3.) You are 18 years of age or older; and
4.) Your use of the EverySpirit Services does not violate any applicable law or regulation. Your profile may be deleted and your EverySpirit Membership may be terminated without warning, if EverySpirit believe that you are under 18 years of age, or you represent yourself as 18 and older and you really are under 18.
5.) NOT suitable for people taking medication or having treatment for clinical depression or psychological illness.
Third Party Links to or from Sites
The EverySpirit Site may contain links to third-party websites or resources. You acknowledge and agree that EverySpirit is not responsible or liable for:
a.) the availability or accuracy of such websites or resources; or
b.) the content, products or services on or available from such websites or resources. Links to or from such websites or resources do not imply any endorsement by EverySpirit of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the “terms of service” governing those websites.
Limitations of Liability
You understand that content is posted by users and EverySpirit Members that EverySpirit has only limited control over the content that is made available via the Site and Services. You understand that by using the Site and Services, you may be exposed to this content. You acknowledge that EverySpirit will not be liable for
1.) Content, including without limitation the subject matter of any content, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use or download of any content posted, emailed, transmitted, or otherwise made available via the Site or Services;
2.) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material;
3.) Site unavailability or Service interruptions; or
4.) the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL EVERYSPIRIT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF EVERYSPIRIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL EVERYSPIRIT AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO EVERYSPIRIT. You acknowledge that EverySpirit has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.
AGAIN TO UNDERSTAND
IN NO EVENT SHALL EVERYSPIRIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE EVERYSPIRIT SERVICES, EVEN IF EVERYSPIRIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVERYSPIRIT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EVERYSPIRIT FOR THE EVERYSPIRIT.COM SERVICES DURING THE TERM OF MEMBERSHIP
Restrictions
You will not do any of the following while using or accessing the EverySpirit.com Site or Services:
1.) Post, upload, email, or otherwise transmit a.) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); b.) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or c.) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
2.) Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
3.) Use any meta tags or other hidden text or meta data utilizing a EverySpirit name, trademark, URL or product name without EverySpirit's express written consent;
4.) Post, upload, email or otherwise transmit, without first obtaining the permission of EverySpirit, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
5.) Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of EverySpirit;
6.) Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
7.) Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
8.) Attempt to probe, scan or test the vulnerability of any EverySpirit system or network or breach any security or authentication measures;
9.) Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
10.) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
11.) Collect or store personal data about other users without their express permission;
12.) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
13.) Resell the Services, in whole or in part;
14.) Violate any applicable law, regulation, or ordinance; or
15.) Use the Site or Services in any manner not permitted by this Agreement.
Indemnification
You agree to defend, indemnify, and hold harmless EverySpirit and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the EverySpirit Site or Services, or your violation of this Agreement. EverySpirit reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with EverySpirit and its counsel, as necessary, in the conduct of such defense.
Refund Policy
EverySpirit does not refund. All payments or donations given or purchased through or to EverySpirit.com Site are AS-IS and final.
Accounts and Passwords
When you create an account and password please keep them to your self. Do not give or share with no one. EverySpirit.com will ask you to create a new account if you lost your information. EverySpirit is “as is”. We will not be responsible for lost or stolen accounts and passwords by no individuals or computer errors or glitches. EverySpirit will not ask for your password for any reason. DO not give it away to no one please.
Updating Your Personal Information
If you are a EverySpirit Member, you may update your personally identifiable information at any time. To do this, just click on the "Settings" and or updateyour information andit should be taken care of to your account and email.. However, EverySpirit are unable to update or delete any of your personally identifiable information that has been shared with a third party as permitted in this "Privacy Policy" and or "TOS".
Delete your EverySpirit.com Member account
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the EverySpirit.com site or services or are a EverySpirit Member. You may terminate your Membership at any time, for any reason, by following the instructions on the EverySpirit Member's Account Settings page. EverySpirit may terminate your EverySpirit.com Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your EverySpirit.com Membership is terminated, this Agreement will remain in effect.
USE this site at your own risk. AS-IS.
Use of Cookies and Other Site Tracking Data
Cookies
A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. These cookies help to give you faster access to pages you have already visited. They also allow you to personalize your EverySpirit Members website pages, and optimize your experience at EverySpirit Sites. EverySpirit also use cookies to help us figure out how many people visit EverySpirit Sites, which of our web pages they visit, and how long they stay there. This information helps EverySpirit figure out which of our web features are highly successful and which sites might need improvement. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. Most browsers accept cookies automatically, but allow you to disable them. Disabling cookies may prevent you from properly using the Services or accessing the site.
EverySpirit.com may also use small pieces of code called "web beacons" or "clear gifs" to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These "web beacons" may be used to deliver cookies that conform to our cookie policy.
You are solely responsible for the content that you post on or through any of the EverySpirit.com Site or Services, and any material or information that you transmit to other EverySpirit.com Members and for your interactions with other Use or users and or visitors.
Session IDs
"Session IDs" allow EverySpirit to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if The user's internet browser program does not support cookies then EverySpirit.com will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter Certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.
Web Site Tracking, Reporting
Many of EverySpirit.com web pages also contain special electronic images (called a "single-pixel gif" or "gifs") that allow EverySpirit to gather only non-personally identifiable traffic statistics and other aggregate information about visitors to EverySpirit sites. EverySpirit.com (through itself or third parties) uses this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting EverySpirit.com web sites and, along with other information you provide, customize your future visits and improve EverySpirit.com web sites. For example, EverySpirit capture data on the type of browser used, operating system software (e.g. Windows 95 vs. 98 or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our site). EverySpirit also record number of visits, paths taken, and time spent on sites and pages within EverySpirit.com's web sites. Please keep in mind that none of this information is personally identifiable and that EverySpirit only distribute this information to internal staff at EverySpirit.com
IP Address
Each time you visit the Site, EverySpirit automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, EverySpirit may use your IP address to help identify you and to gather broad demographic information about you.
Web Beacons
EverySpirit.com web pages and our e-mail newsletters may contain "web beacons." Web beacons allow us to count users that have visited a web page or opened an email that contains a web beacon and collect other types of aggregate information. Using this information, EverySpirit are able to measure the effectiveness of our advertising and how visitors use EverySpirit Site. This allows EverySpirit to learn what pages are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers EverySpirit Members like to see. Some of the web beacons that are in place on our Site are used only by EverySpirit, EverySpirit eb beacons are from our vendors and advertisers who use this data to assist us in analyzing how EverySpirit Members use the Site. In addition, EverySpirit may have agreements with various affiliate networks that promote EverySpirit on their affiliate websites. These affiliate advertisers may use web beacons in their advertisements to track users who click through from the affiliate website to the Site.
* Google, as a third party vendor, uses cookies to serve ads.
* Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
* Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
EverySpirit may send email and or newsletters
EverySpirit may send you service-related announcements and emails from time to time. For instance, if a friend sends you a message or someone comments on your photos or journal, you may receive an email alerting you to that fact. EverySpirit may also use your information to send you e-newsletters, updates and communications about EverySpirit. EverySpirit may ask you which newsletters you wish to receive.
Sale of Business or Assets
In the event that EverySpirit, substantially all of its assets, or a line of business are acquired or merged with another company, personally identifiable information of our EverySpirit Members may be one of the assets sold or merged in connection with that transaction. EverySpirit will notify users of the Site of such a change in ownership or transfer of assets by posting a notice on the EverySpirit Site.
Invite a Friend
If you do become a EverySpirit Member, not only can you enjoy all of the benefits of membership, but you can also invite other individuals to join by providing EverySpirit with their names/ and email addresses. Using the information you give us on these potential EverySpirit Members, EverySpirit will send them an email invitation to join EverySpirit. The only way these individuals can become EverySpirit Members, however, is if they come to EverySpirit Site and sign up them selves. EverySpirit does not use this information for other purposes.
EverySpirit.com Member Disputes
You are solely responsible for your interactions with other EverySpirit.com Members. EverySpirit.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other EverySpirit.com Members.
Use by Members
The EverySpirit Services are for the personal use of EverySpirit Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by EverySpirit. EverySpirit reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the EverySpirit.com Services, including collecting user names, user id numbers, and/or email addresses of EverySpirit Members by electronic and or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EverySpirit.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and or other forms of unauthorized solicitation may be removed from EverySpirit Member profiles without notice or explanation and may result in termination of EverySpirit Membership privileges. EverySpirit reserves the right to take appropriate legal action for any illegal or unauthorized use of the EverySpirit Services.
You are solely responsible for the Content that you post on or through any of the EverySpirit.com Services, and any material or information that you transmit to other EverySpirit Members and for your interactions with other non Users (guests)or users ( EverySpirit Members).
The following are examples of the kind of activity that is illegal or prohibited on the EverySpirit.com Website and through your use of the EverySpirit Services. EverySpirit reserves the right to investigate and take appropriate legal action against anyone who, in EverySpirit's sole discretion, violates this provision, including without limitation, removing the offending Content from the EverySpirit Services and terminating the EverySpirit Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of EverySpirit.
Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance
EverySpirit has the opportunity to have available one way to order from the site. Paypal is the choice made for payment method at the moment. EverySpirit may update to change or may have more options to have available different ways to purchase in the future. Customer service can be reached through email and may have more options in the future at: info@EverySpirit.com with heading of "Customer Service" or "Question".
Fees
You acknowledge that EverySpirit reserves the right to charge for any portion of the EverySpirit.com Services and to change its fees (if any) from time to time in its discretion. If EverySpirit terminates your EverySpirit Membership because you have breached the Agreement,(“TOS” and “Privacy Policy”) you shall not be entitled to the refund of any unused portion of fees or payments (if any). The site is”AS-IS”
Contests and Sweepstakes
EverySpirit.com occasionally may offer contests and sweepstakes, which may be entered online on EverySpirit.com. To participate in a contest or sweepstakes, a visitor is asked to provide his or her name and email address. Recommended age is 18+yrs. An address for contest or sweepstakes will be provided when contest or sweepstakes takes place. Mailing an entry will be explained when and if conducted. All the information collected by EverySpirit.com is securely maintained and used only for the purpose of conducting and fulfillment of the contest or sweepstakes. Once the contest or sweepstakes if finished, EverySpirit may delete any personal information collected. The information collected in a EverySpirit.com sweepstakes may be passed to a fulfillment house which may use the information to help run the contest or sweepstakes. Any such fulfillment house may not use the information for other purposes and must agree to maintain the confidentiality of the information.
Voluntarily submitting registration of Personal Identifiable Information to EverySpirit com in order to register as a EverySpirit.com Member. EverySpirit.com may also collect Personal Identifiable Information from you if you choose to participate in EverySpirit Services activities like sweepstakes, contests, and surveys, because you may want EverySpirit.com to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to EverySpirit for review.
Description of the Services
EverySpirit provides its Registered Users with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums. Registered Users and visitors to the Site may also order, via the Site or via partner websites ("Partner Sites"), prints, photographs, t-shirts, and similar items that incorporate publicly available Content.
Although the EverySpirit Site and Services are normally available, there will be occasions when the EverySpirit Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of EverySpirit. Also, although EverySpirit will normally only delete Content that violates this Agreement, EverySpirit reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by EverySpirit in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, EverySpirit encourages you to maintain your own backup of your User Content. In other words, EverySpirit is not a backup service. EverySpirit will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. The usage of this site by anyone is AS-IS.
In order to participate in certain EverySpirit Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from EverySpirit.com. Unless otherwise provided by the additional terms and conditions applicable to the EverySpirit Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@EverySpirit.com with subject of "Email me EverySpirit.com Agreement" or view the Agreement on EverySpirit.com as the “TOS” and or “Privacy Policy”.
Respect The Community of the "EverySpirit.com" site
Remember, people who visiting on EverySpirit.com maybe of all ages and backgrounds. Therefore, all user content and communications on the EverySpirit Site maybe filtered and monitored. So that everyone has a good time, you understand and agree that you will not post or send through the EverySpirit Site any words, images or links containing or relating to:
profanity, obscenities ("swear words"), sexual content (express or implied, including inappropriate acts with or by your pets or objects for "real" or in role play)
cybering
romance role playing
dating requests or offers for yourself, other people.
attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person or harm another person or entity, or attempting to do the same or harasses or advocates harassment of another person.
gangs, gang-slang, or the promotion of gangs
exploits people in a sexual or violent manner
promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway)
materials created by someone else without their express written permission and that includes a photograph or video of another person that you have posted without that person's consent.
fraud, trafficking in obscene material,criminal or tortuous activity, including child pornography, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
information that might identify another user and or publicly posts information that poses or creates a privacy or security risk to any person.
material regarding political, social, or religious views or opinions
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
displaying an unauthorized commercial advertisement on your membership profile area, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the EverySpirit.com services on behalf of that person, such as placing commercial content on your membership profile area, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "friends" or "contacts", or sending private messages with a commercial purpose.
links to or advertisements for third party commercial Web sites, covering or obscuring the banner advertisements on your personal profile page, or any EverySpirit page via HTML/CSS or any other means.
names, account user names, any descriptions or names that would be considered inappropriate, and or selling or otherwise transferring your profile.
"cheats" or "hacks", or information or links to sites claiming to have these
requests for user passwords (including offers for "EverySpirit.com")
requests for money by using EverySpirit.com, or any other property on third party sites or your personal websites (including Ebay)
scams of any kind (including requests to users to change their email address) and or any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages.
impersonating or attempting to impersonate another EverySpirit.com Member, person or entity
"spamming" (repeatedly posting the same message) or "party boards"
using the EverySpirit.com Services in a manner inconsistent with any and all applicable laws and regulations.
anything that suggests it's from EverySpirit.com
trying to test if used EverySpirit.com message filters (or encouraging others to do so)
other information that EverySpirit deems, in its sole discretion, to be inappropriate for this Site
When and if EverySpirit does catch or receives a "FLAG" of the individuals, users or EverySpirit Members causing trouble, EverySpirit reserves the right to delete the users or EverySpirit Members account with no questions.
Information from Other Sites
EverySpirit.com may place links to other web sites operated by other parties and from time to time may include information and links to third party web sites in EverySpirit promotional email. Some of these other web sites contain EverySpirit brand names and trademarks and other intellectual property that EverySpirit own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain EverySpirit brand names, trademarks and other intellectual property, you need to be aware that EverySpirit does not control these other web sites or these other web sites' business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than EverySpirit would if it were collected on the Site. EverySpirit encourage you to review their “Privacy Policies” and remind you that EverySpirit will not be responsible for their actions. For more information on third party ad servers, please see www.networkadvertising.org
Phishing
Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Sensitive Personal Information such as credit card numbers, account user names, passwords, and social security numbers. EVERYSPIRIT DOES NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately by email at info@EverySpirit.com and in the subject area: " Phishing" then immediately delete the fraudulent email from your computer.
Direct Linking URLs or Hot linking
In order to provide more relevant advertising that EverySpirit may perform and monitor user bandwidth usage EverySpirit.com may gather data from the referrer logs that identify where and how frequently user images being hosted by EverySpirit.com are being displayed on third party sites.
Non-US Users
EverySpirit.com Site is hosted in the United States. If you are not a resident of the United States, you understand and agree that EverySpirit.com may stores and processes your information on computers located in the United States, and by providing any data to EverySpirit.com, you consent to the transfer of such information to the United States.
When a EverySpirit Member who is located in the European Union chooses to post any Profile Information that will be publicly disclosed, that EverySpirit Member is responsible for ensuring that such information conforms to all local data protection laws. EverySpirit is not responsible under the EU local data protection laws for Member-posted information.
Disclosure to Governmental Entities
EverySpirit.com may disclose specific contact information when EverySpirit determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of EverySpirit.com or other visitors to the site or users of the Services. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of EverySpirit.com.
U.S. Export Controls
Software available in connection with the EverySpirit Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the EverySpirit Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole RISK.
Copyright and Intellectual Property Policy
The Digital Millennium Copyright Act (DMCA)
U.S. Copyright Office website at: www.copyright.gov for information.
EverySpirit will respond expeditiously to notices of alleged infringement that are reported to EverySpirit.com
You may email at: info@EverySpirit.com and report.
a.)Title your heading as "DMCA FRAUD".
b.) and state: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
c.)Please give informative statement on the fraud.
d.) Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the EverySpirit.com website where such material may be found.
e.)Provide your full legal name and your electronic or physical signature.
f.)Provide your mailing address, telephone number, and, if available, email address.
EverySpirit does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. EverySpirit reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, EverySpirit minate users whom it determines to be repeat infringers.
EverySpirit may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize EverySpirit to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not EverySpirit, are responsible for any violations of any intellectual property rights in any content that you upload to the Site.
A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA.
When EverySpirit receives a counter notice, it may reinstate the material in question. To provide a Counter Notice to us, please return the following form to the EverySpirit email at info@EverySpirit.com.
a.) With the heading of "DMCA COUNTER NOTICE"
b.)and state : "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
c.) I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which EverySpirit may be found, and I will accept service of process from the complaining party who notified EverySpirit of the alleged infringement or an agent of such person.
d.) Provide your full legal name and your electronic or physical signature.
If you believe that your trademark on or at EverySpirit (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide information at the email of: info@EverySpirit.com with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit EverySpirit to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Infringed Mark(s) claimed to have been infringed, including (a.) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (b.) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
4. Information reasonably sufficient to permit EverySpirit to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.
Upon receipt of notice as described above, EverySpirit will confirm the existence of the Infringed Mark on the Site, notify the Registered User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A Registered User may respond to notice of take down by showing either (a) that the Infringed Mark has been canceled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then EverySpirit will not remove the Infringed Mark. If EverySpirit decides to comply with a take down request, it will do so within a commercially reasonable time after receipt of the notice.
Not with standing the foregoing, EverySpirit will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Sharing of Personal Information
At EverySpirit.com, where visitors self-identify as 18 years and older we may collect a valid e-mail address and birth date, EverySpirit.com Site may collect additional information including computer, gender, state/province, zip/postal code, and country, and EverySpirit may ask additional questions regarding personal preferences on a number of topics through possible surveys. For certain enhanced services, EverySpirit also may collect credit card and billing information (including telephone number). Additionally, when visitors come to our site, EverySpirit automatically collect some non-personally identifiable "computer" information, such as the type of computer operating system (e.g., Windows XP or Mac OS), the visitor's "IP Address", the web browser (e.g., Netscape, Internet Explorer) being used, information collected through the use of "cookies" and information regarding the Internet service provider ("Computer Information").
Occasionally, with your permission, EverySpirit may send marketing information to you, such as discount offers, information about new product offerings, etc. If you do not elect to receive such materials, EverySpirit will not send them to you. If you initially elect to receive such materials, but later change your mind, you may opt out from receiving such materials in the future by sending an e-mail to: info@everyspirit.com with heading "OPT OUT".
Companies may from time to time be engaged by EverySpirit to perform a variety of functions, such as fulfilling orders, assisting with promotions, providing technical services for EverySpirit web site, etc. These companies may have access to personal information if needed to perform such functions. However, these companies may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
EverySpirit does not sell, transfer or disclose personal information to third parties. However, EverySpirit may on occasion send marketing information on behalf of business partners about products or services they provide that may be of interest to you. EverySpirit will not share your personal information with such partners but rather will send a mailing or email on behalf of those partners.
EverySpirit reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
Voluntarily submitting registration of Personal Identifiable Information to EverySpirit.com in order to register as a EverySpirit.com Member. EverySpirit.com may also collect Personal Identifiable Information from you if you choose to participate in EverySpirit.com Services activities like sweepstakes, contests, and surveys, because you may want EverySpirit.com to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to EverySpirit for review.
Use of Demographic Information
EverySpirit.com may use your demographic information to perform business analyses or to tailor the EverySpirit Site and communications to your interests. EverySpirit may share anonymous, aggregated demographic information with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. Any time that EverySpirit are allowed under this “Privacy Policy” and or “TOS” to share your contact information or financial information, EverySpirit may also share your demographic information along with it.
Security Precautions
EverySpirit.com has security measures in place to help protect against the loss, misuse and alteration of the information under our control. EverySpirit may use secure socket layer (SSL) technology to help protect the security of commerce transactions. EverySpirit encrypt your contact information and financial information as it travels over the Internet and EverySpirit may store your financial information on our servers in encrypted form. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you may reside, and may be stored on equipment or in facilities leased or licensed from third parties. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while EverySpirit strive to protect your personal information and make all commercially reasonable efforts to do so, EverySpirit.com can not EverySpirit rrant the security of any information you transmit to EverySpirit and you do so at your own risk. However, once EverySpirit receive your transmission, EverySpirit make our best effort to ensure its security on our systems. This “Privacy Policy” and or “TOS” does not apply to any information, including such photographs, that you submit for use in publicly available areas. EverySpirit ask that you do not submit any personal information, including contact information or financial information, for display in public areas, as other people who use the EverySpirit.com Services will see it. If you submit such information for display in public areas, EverySpirit.com cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.
and or
EverySpirit has multiple layers of security on its systems. EverySpirit have implemented software and hardware security, including firewalls, data encryption, and private networks intended to protect your personally identifiable information from unauthorized access. EverySpirit may use firewalls and intrusion-detection devices that are designed to defend against hackers and notify EverySpirit if any attempts are made to compromise our network. EverySpirit regularly review additional software upgrades to enhance EverySpirit security measures. However, despite EverySpirit efforts, no system can completely guaranty that there will never be unauthorized access to your personally identifiable information, and your use of the Site indicates that you are willing to assume this risk.
Children's Privacy
EverySpirit does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming EverySpirit Members. EverySpirit does not knowingly collect personally identifiable information from children under the age of 18.
GROUP Information
You may operate a group as long as you know the “TOS and Privacy Policy” and follow common sense and curtsy to others. EverySpirit may up date Group information at any time. EverySpirit may decide to void the personal group if there is no activity after so long or if there is scamming and or agitate members. EverySpirit may also close the group is it is out of control. No discriminating. Make rules to or for group for fairness and no bias. Respond to inquires made in group. Maybe Assign administrators to help you run group. Post information if you are no longer excepting new members for your group. If your group does curse or have fowl text words please note this before they are a group visitor of yours. NO discriminate entry to the group, or ability to participate in the group, based on religion, sexual orientation, race, national origin or disability. Don't forget to update your group with new information. If you as aGroup owner need assistance or contact for questioning, please email at: info@everyspirit.com. Groups are run by group owners (members of Everyspirit.com) not EverySpirit site owners. Please reread above “Respect The Community of the "EverySpirit.com" site
Community Information
Discussion and debate are not only allowed, they are encouraged. But, if a healthy discussion breaks down into an exchange of attacks and insults or becomes too heated, we will take measures to end the discussion. You can be opinionated You can say that your opinion is better than someone else's. You can be opposed to the ideas or opinions of others, and can say so. But don’t be nasty about it. Please no rude guests or members allowed. When a discussion gets heated or involves a topic you feel passionate about, it’s sometimes tempting to cross the line and stop talking about the issues and instead talk about the people involved. Don’t do it. No name calling. If you must "vent" your feelings about another EverySpirit member, do it without identifying her. Don’t use her screen name or any other information that is likely to make her recognizable to other members. Do NOT post the same thing multiple times. Slurs, stereotyping, and hate speech are not tolerated at all. No criminal or illegal allowed on this site period. EverySpirit will remove you immediately as needed with no questions asked or explanation to you or yours. Report problems if anyone has spotted concerning of the found information at: info@EverySpirit.com. Be respectful of others when posting any content that is adult in nature and that you know Nudity is not permitted nor links. No sharing personal information please. Do not be an impostor or if your not legitimate account will be deleted and finished at EverySpirits discrete. Any shared information on EverySpirit.com by an individual as a member or guest, such as a “reading” EverySpirit.com can NOT be accountable for the reading in no shape or form. “Readings” are not exactly right at all times and it is your best judgment to decide on such information given. This is a site for entertainmen only. AS-IS. Or you should not be a member or guest.
Accessing or Correcting Information
Visitors can change their user information supplied upon registration (except for user name, original e-mail address and date of birth) on this page called ”Mydesktop”. Accessing or correcting attempt to steal consumers' personal identity data and financial account credentials. "Accessing or correcting attempt to steal" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Sensitive Personal Information such as credit card numbers, account user names, passwords, and social security numbers. EVERYSPIRIT DOES NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately by email at info@everyspirit.com and in heading " Accessing or correcting attempt to steal " then immediately delete the fraudulent email from your computer. This area of information falls with the "Phishing" attack information as noted or stated in this "TOS" and or "Privacy Policy".
Using EverySpirit.com Artwork Off The Site
You can display our pictures on your own personal web pages for your personal noncommercial use ONLY as long as you write "Copyright 2008 EverySpirit.com. All Rights Reserved. Used With Permission" or "(c) 2008 EverySpirit.com, All Rights Reserved. Used With Permission" on EVERY page with our pictures and or text and you link directly to www.EverySpirit.com. By the way, this means that you can't sell ads, barter for stuff, offer your services, or otherwise earn money, EverySpirit Items on web pages that contain EverySpirit.com pictures and other Materials, or by using EverySpirit.com pictures or other Materials, such as by offering to make EverySpirit.com banners or backgrounds for others. If there is anything you are unsure of about this, please contact EverySpirit by email at info@EverySpirit.com with subject: "Question".
No License Granted
Except for allowing you to use the Site for your personal use as TOS and Privacy put forth for EverySpirit.com, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of EverySpirit. PLEASE UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER EVERYSPIRIT PROPERTY EXCEPT AS EVERYSPIRIT INDICATE IN THIS TOS and Privacy.
Anti-Spam Policy Notice: EverySpirit.com
This Anti-Spam Policy Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains, which are owned and operated by EverySpirit.com. Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to "Web Site" refers to EverySpirit.com & Owners who operate EverySpirit.com.
This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that EverySpirit deem you to be in violation of these policies, EverySpirit shall immediately revoke your rights and close any active account.
EverySpirit have a strict policy against spamming. EverySpirit forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.
EverySpirit reserve the right to terminate your account and participation in our programs "for cause" if EverySpirit deem you to be in violation of our anti-spamming policies. EverySpirit also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
EverySpirit consider spamming to be any activity where by you directly or indirectly transmit EverySpirit goes to any email address that has not solicited such email and does not consent to such transmission. EverySpirit also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroups, which are off topic, or in newsgroups that do not specifically permit advertisements. EverySpirit also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.
If you are "spammed" by anyone regarding our products, services, web sites, or any other matters, please report this activity to: info@EverySpirit.com. EverySpirit is pleased to help control spammers & to stop the issue best as possible especially with your help too.
Advertise
If you or your company would like to advertise, please contact EverySpirit.com at: info@EverySpirit.com with the Subject of "ADVERTISE".
COPPA LAW
www.ftc.gov
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