EJECTCO TERMS OF SERVICE
Effective Date: September 1, 2016
Introduction. Eject Co. (“Ejectco”, “we”, “our”, or “us”) a company with a mailing address c/o Marquart Small Hidrobo LLP, 110 East 25th Street, New York, NY 10010, operates Eject®, a talent platform and social experience empowering all artists and creators to share and discover.
Set forth below are the terms and conditions ("Terms") that govern your access to and use of Eject, including any Eject mobile applications and websites (“Eject Services” or “Eject”) and any videos, audios, information, text, graphics, photos or other material uploaded, downloaded or appearing on Eject (collectively referred to as “Material”). Your access to and use of Eject is conditioned upon your acceptance of and compliance with these Terms.
Basic Terms. You are responsible for your use of the Eject Services, for any Material you post, and for any attendant consequences. Please understand that the Material you submit, post or display may be viewed by other users of the Eject Services and through third party services and websites. Do not submit Material that you would not want to share with others under these terms.
You may only use Eject if you are able to form a binding contract with Eject Co. and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you are accepting these Terms and using Eject on behalf of a company, organization, government or other legal entity, you hereby represent and warrant that you are authorized to do so. You may use Eject only in full compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
The Eject Services are constantly evolving and the form and nature of Eject may change from time to time without prior notice to you. In addition, Ejectco may, on a temporary or permanent basis, stop providing Eject or any features within Eject to you or to users generally and may not be able to provide you with prior notice. Ejectco also retains the right to create limits on use and storage, at our sole discretion at any time without prior notice to you.
Passwords/Credentials. You are responsible for safeguarding the password and credentials you use to access Eject and for any activities or actions under your account. Ejectco encourages you to use strong passwords with your Eject account and with any other account that you may connect to your Eject account. Eject assumes no liability for any loss or damage that may arise from your failure to comply with the above.
“Your Material”. Any and all audio, video, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, display, exchange or make available to or via the Eject Services (hereinafter "Your Material") is generated, owned and controlled solely by you. Ejectco does not claim any ownership rights in Your Material, and you hereby expressly acknowledge and agree that Your Material remains your sole responsibility. By submitting, posting or displaying Your Material on or through Eject, you grant Ejectco a worldwide, non-exclusive, royalty free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Material in any and all media or distribution methods now known or hereafter developed.
You agree that this license includes the right for Ejectco to provide, promote and improve Eject and to make Material submitted to or through Eject available to other companies, organizations or individuals who partner with Ejectco for the syndication, broadcast, distribution or publication of such Material on other media and services, subject to our terms and conditions for content use. Such additional uses of Your Material by Ejectco or other companies, organizations or individuals may be made without compensation to you.
Ejectco may modify or adapt Your Material in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Material as may be necessary or desirable to conform and adapt Your Material to any requirements or limitations of networks, devices, services or media.
You are responsible for your use of Eject, for any Material you provide and or any consequences related to or arising therefrom, including use of Your Material by other users and Ejectco’s third party partners. You understand that Your Material may be syndicated, broadcast, distributed or published by Ejectco’s partners. If you do not have the right to submit such Material for use, you may be subject to liability. Ejectco will not be responsible or subject to liability for any use of Your Material in accordance with these Terms. You represent and warrant that you have all rights, power and authority necessary to grant the rights granted hereinto any Material that you submit.
Material on Eject. Ejectco may, but is not required to, monitor or control Material posted via Eject. Ejectco assumes no responsibility for such Material. Any use or reliance on any Material posted via Eject or obtained by your through Eject is at your own risk. Ejectco does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Material or communications posted via Eject or endorse any opinions expressed via Eject. You understand that by using Eject you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, mislabeled or otherwise deceptive. Under no circumstances will Ejectco be subject to liability in any way for any Material, including, but not limited to, any errors or omissions in any Material, or any loss or damage of any kind incurred as a result of the use of any Material posted, emailed, transmitted or otherwise made available via Eject or broadcast or otherwise distributed elsewhere.
Ejectco may, from time to time, invite or provide you with means to provide feedback regarding the Eject Services. Any feedback you may provide will be deemed non-confidential and Ejectco will have the right, but not the obligation, to use such feedback on an unrestricted basis.
License. You have a non-exclusive, personal, worldwide, royalty-free, non-assignable, non-sub licensable license to use the software that Ejectco provides in connection with the Eject Services, for the sole purpose of enabling you to enjoy the benefit of Eject in the manner provided by these Terms.
Ejectco Rights. All right, title and interest in and to the Eject Services (with the exclusion of Your Material as set forth in these Terms) are and will remain the sole and exclusive property of Ejectco.
Use of Materials Found on Ejectco Services. The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Eject Service are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Ejectco program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print or otherwise reproduce Materials found on the Services, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on an Ejectco server, except where explicitly allowed to do so. You should not attempt to claim any Materials not provided by you as your own work. Any computer software downloadable or otherwise available on the Services is provided subject to the terms of the applicable license agreement. You may not use any Ejectco logo or trademark without Ejectco’s express written consent.
Copyright and Trademark Infringement Policy and Notification Procedure. ?Ejectco respects the intellectual property rights of others and expects users of the Eject Services to do the same. Ejectco will respond to notices of alleged infringement that comply with applicable law and are properly provided to Ejectco. If you believe that Your Material has been infringed, you may notify Ejectco by sending an email to firstname.lastname@example.org Please include: identification of the Material that has allegedly been infringed; identification of the allegedly infringing Material, in sufficient detail to allow us to locate the Material; a statement from you that you have a good faith belief that the use of the Material in the manner complained of is not authorized by the rights holder, its agent or the law and your street address, telephone number and email address.
In addition, if you want your notice to be deemed submitted pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and your electronic or physical signature (which may be a scanned copy). Your notice should be sent to our Agent Designated to Receive Notification of Claimed Infringement at the following address: Eject Co., c/o Marquart Small Hidrobo LLP, 110 East 25th Street, New York, NY 10010.
Ejecto reserves the right to remove allegedly infringing Material without prior notice and at its sole discretion. In appropriate circumstances, for example with repeat infringers, Ejectco may also terminate a user’s account
Refund policy. Ejectco does not offer refunds. If there are any issues with a premium service, promotional order, or purchase, please contact Ejectco immediately at email@example.com, as we aim to solve issues amicably. Premium services (recurring billings) may be cancelled at anytime for any reason. Cancellations by the individual, group, or company that signed up for the premium service (collectively, the "Subscriber") must be cancelled two weeks prior to end of current period and will be effective after the paid period. In case of cancellation by the Subscriber, the period that is already paid for will not be reimbursed. The premium service(s) will then remain active until the end of the paid period. Ejectco reserves the right to cancel premium services for any reason at any time without notification. We will confirm cancellations through email. Only when you receive a confirmation email does the cancellation become effective. If you do not receive a reply to your cancellation email within 24 hours, please resend your cancellation request in the case that the original did not go through.
Your Conduct. You may use the Services for lawful purposes only. You may not post or transmit via the Eject Services any Material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Ejectco\'s express prior approval, contains advertising or any solicitation with respect to products or services. You may not use any play-or page-increasing software or services. Ejectco reserves the right to cancel accounts for any reason at any time without notification. ? ?In addition, if we believe that a user is abusing Eject in any way, we reserves the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Ejectco reserves the right to refuse service, suspend or terminate accounts, reclaim usernames and/or cancel orders at its sole discretion, without notification and without liability. We also reserve the right to access, read, preserve and disclose any information that we reasonably believe may be necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms; (iii) detect, prevent or otherwise address fraud, security or technical issues; respond to user support requests or (v) protect the rights, property or safety of Eject users and the public.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EJECTCO MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, EJECTCO INC MAKES NO REPRESENTATION THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EJECTCO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL EJECTCO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES. AS A RESULT SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Eject Services, Materials or related services, you agree to release and hold Ejectco and the employees, officers, directors, shareholders, agents, representatives of Ejectco, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Ejectco, any third-party providers or sources of information or data and legal advisers (along with Ejectco, collectively, "Ejectco Affiliates") harmless from and against any and all losses, damages, rights, claims and actions of any kind arising from or related to the Services, Materials or related services including, but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures in security or otherwise, or difficulties of any kind; (b) harm to your computer system, loss of data or Material; (c) failed, incomplete, garbled or delayed or deleted computer transmissions and/or the failure to store or transmit any Material; (c) any condition caused by events beyond the control of the Ejectco Affiliates that may cause the Services or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Services, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Services, Materials or related services. In addition, you agree to defend, indemnify and hold the Ejectco Affiliates harmless from and against any claim, suit or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your access to or use of the Services, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party or any other act or omission by you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EJECTCO AFFILIATES SHALL NOT BE SUBJECT TO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER DIRECTLY OR INDIRETLY CAUSED, OR ANY LOSS OF DATA, USE GOOD-WILL OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE EJECT; (ii) ANY CONDUCT OR CONTENT OF ANY THRID PARTY ON EJECT, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM EJECT OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR MATERIAL.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE EJECTCO AFFILIATES EXCEED THE GREATER OF $100.00 US DOLLARS OR THE AMOUTN YOU PAID TO EJECTCO, IF ANY, IN THE SIX MONTHS PRIOR TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE, AND WHETHER THE EJECTCO AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND IRRESPECTIVE OF WHETHER A REMEDY SETFORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General Provisions. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of New York, New York, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ejectco\'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreements of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Contact. You may contact Company at the following address: firstname.lastname@example.org