Access to the Website by any person from the public gives you the status of the User there (the "User" and/or the "Users").
Notwithstanding the foregoing, User agrees and acknowledges that with or without notice that Everlay:
I. You will have the right to suspend, interrupt temporarily, indefinitely, or permanently, modify or alter the content and/or access to the Website at any time for justified reasons or not and without prior notice, whether for technical reasons, security, control, maintenance, failures or any other cause.
The content of the Website, including but not limited to texts, logos, trademarks, images, photographs, graphic design, as well as software and source code (the "Marks") is the exclusive property of Everlay and/or third parties, rights that Everlay recognizes. It is strictly forbidden the total or partial use of all elements of the content of the Website that are subject to intellectual and industrial property for any purpose, including reproduction, copying, distribution, modification, or alteration.
Nothing on this Website should be construed as a license to use or right to use any mark displayed thereon. The use of the Marks appearing on thisWebsite, or any content thereof, is strictly prohibited. The User is advised that Everlay will strictly and fully enforce its industrial property rights and copyrights of the law.
Warranties and Disclaimer
Your use of the Website, as well as the content and material thereof, is at your own risk.
Everlay strives to provide accurate and up-to-date material on theWebsite. However, Everlay makes no warranties or representations as to the accuracy or timeliness of the material provided on the Website, therefore theUser acknowledges that Everlay assumes no responsibility for errors or omissions in the Website.
Everlay nor its affiliates, nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to and/or use of the Website or any materials contained therein. Without limiting the foregoing, the Website and the material provided are provided "as is", without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
In addition, Everlay shall have no liability whatsoever for any loss caused by viruses that may infect your computer, telephone, and/or any other device because of using, accessing, entering and/or downloading any material from the Website. If you choose to download materials from the Website it will always be at your own risk and responsibility.
Links to Other Pages or Websites
The Website may contain links to other pages, including those of Everlay that may contain Privacy Notice or legal notices. We encourage you to read the privacy notice of each website you visit to understand the site's privacy terms. We are not responsible for the privacy terms of the pages to which the links are directed.
The insertion of any link to other websites does not imply endorsement or authorization by Everlay. Your linking to any website is at your own risk. By linking to a web page or allowing a link to the Website, Everlay does not endorse the operator of the website or the content of the linked page and is not responsible for the policies associated with suchp ages.
The User may not enter or provide on the Website to Everlay, information or material over which they have no right, any communication or non-personal material that the User transmits on the Website, by email and/or by any other means, including any information, question, comment, suggestion or similar information, will be treated as public information, non-confidential and no property rights may be exercised over such information or material, regardless of what is stated in the Privacy Notice of the Website and unless expressly stated otherwise in any legal or regulatory provision in force.
However, Everlay reserves the right to remove, ignore, delete, and not publish, among others, the content or information entered on the Website by theUser. The preceding includes materials and information that:
- Contain obscenity, discriminatory language, or other language not suitable for a public forum.
- Include advertisements, "spam" content, or references to other companies, offers, or web pages.
- It may be fraudulent or misleading.
- Violate copyrights, trademarks, or other intellectual property rights.
- Violate any law or regulation.
- Is it offensive or unacceptable to Everlay.
Not withstanding the foregoing, the User agrees and guarantees that they will not send, share and / or access the Website or share to Everlay, any content: (i) that is false, inaccurate or misleading, (ii) that infringes copyrights, patents, trademarks, trade secrets or other proprietary rights or rights of publicity or privacy of third parties, (iii) that violates any law, statute or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, non-discrimination or false advertising), (iv) that is, or that could reasonably be considered to be defamatory, political, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing any individual, partnership or corporation, (v) for which you were compensated or remunerated by any third party, (vi) which includes any information referencing other websites, addresses, email addresses, contact information or telephone numbers, and (vii) containing any computer viruses, worms or other potentially harmful computer programs or files.
User further acknowledges that for any content and/or information thatUser shares or sends to Everlay and/or enters the Website, User grants Everlay a perpetual, irrevocable, royalty-free, transferable right to use, copy, modify, remove in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content or information for any purpose (including for commercial purposes or marketing) and in any form, media or technology throughout the world without compensation to User and User acknowledges that all information content submitted, provided and entered into the Website and Everlay may be used by Everlay in its sole discretion.
Applicable Legislation and Jurisdiction
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