Updated: August 2013
These Terms govern your use of the websites operated by Evaser.com, (collectively “Evaser.com” “we” “us” or “our”), and the related services (with the websites, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to as the “Agreement.”
We reserve the right, in our discretion, to change or modify all or any part of the Term at any time, effective immediately upon notice published on this website. Your use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Evaser.com as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
The Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. Evaser.com complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Member”). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by Evaser.com.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion.
2. Use of Content
You acknowledge that the Service contains information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Evaser.com or third parties. All Content on the Service is copyrighted as a collective work of Evaser.com pursuant to applicable copyright law. You agree to comply with all copyright laws and to any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members (defined below) and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and /or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service. Please refer to our Linking Policy for more information on linking and use of Content.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Evaser.com and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
3. Rules of Conduct
Evaser.com may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Service, you may not:
o Use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
o Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
o Reformat or frame any portion of any web page that is part of the Service;
o Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
o Submit any Material that falsely implies sponsorship of that Material by the Service and/or Evaser.com, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
o Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
o Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
o Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity.
o Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited uses of the Service.
Use of our Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.
4. Managing Content
Despite our rights outlined below, you shall remain solely responsible for all Material you post. Although Evaser.com reserves the right to remove any offending Content on the Service, you understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
Evaser.com have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any Material for any reason;
Refuse, move, edit or remove any Content that is available on our sites;
Deactivate or delete your account(s) and all related information and files in your account(s);
Establish general practices and limits concerning use of our sites and Services.
You agree that Evaser.com will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
Evaser.com does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Evaser.com.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Evaser.com is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Typically, we do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Occasionally, we receive compensation for reviewing a product and for providing a prompt review. We also allow certain manufacturers to reprint a Evaser.com trademark, or a review in whole or in part, in its own marketing materials in exchange for a license fee.
You agree to indemnify, defend and hold Evaser.com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Evaser.com Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Evaser.com Party in connection with:
Your use of, or connection to, our Service;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
The content, the quality, or the performance of Material that you submit;
Your violation of the rights of any other person or entity
Evaser.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Evaser.com’s defense of such claim.
7. Termination of Service
Evaser.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the Service at any time, for any reason, by emailing Evaser.com at email@example.com. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. Evaser.com may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Evaser.com has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact us at http://supermp3recorder.com/contact/.
Notification of claimed infringement must include the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Service;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
If your materials have been removed due to alleged infringement of a third party’s intellectual property rights, Evaser.com will notify you. Evaser.com will provide you with contact information of the complainant so that you have the ability to resolve the issue. Your materials will be reposted after Evaser.com receives notification from the complainant that the matter has been resolved.
Any person who knowingly misrepresents that the material is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee who is injured by such misrepresentation. That person may also be subject to criminal prosecution for perjury.
9. Disclaimer of Warranties; Limitation of Liability.
Neither Evaser.com nor any provider of third party content or their respective agents warrants that the Service will be uninterrupted or error free; nor does Evaser.com, any third party content provider, or their respective agents make any warranty as to the accuracy of the Content or the results to be obtained from use of the Service or the Content.
The Service and the Content are distributed on an “as is, as available” basis. None of Evaser.com, third party content providers or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Service, any Content or any products or services sold through the Service. Neither Evaser.com nor any third party content provider warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that Evaser.com is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
EVASER.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. EVASER.COM, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Evaser.com, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE EVASER.COM FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD EVASER.COM HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Service. Evaser.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. International Use
We make no claims that any Material, Service or any Content is appropriate or may be downloaded outside of the United States. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any of our sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: i) all local rules regarding user conduct on the Internet and acceptable content; and ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you reside.
12. No Submission of Unsolicited Ideas
Evaser.com does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. This Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Evaser.com each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.