August 1, 2012
This is a legal agreement between you and Evergram Inc. ("Evergram" or "Us") regarding the use of the Evergram software program (the "Software") that you are installing on your device and the services available through the Software or on the Evergram site (the "Evergram Service").
By downloading the software or using the service, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any additional guidelines, and any future modifications (collectively, the "terms"). If at any time you do not agree to these terms, please immediately terminate your use of the software and service.
The software or Evergram service is not for persons under the age of 13. If you are under 13 years of age, then please do not use the software or service. Further, if you're over 13 but under the age of consent where you live, then you must get the consent of your parents prior to using the software or service.
Limitation of Liability; Damages
Limitations by Applicable Law; Basis of the Bargain.
DMCA Compliance. Evergram is brought to you by Evergram, Inc. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site or service (www.Evergram.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Evergram's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that Evergram may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Evergram's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 2269 Chestnut Street, Suite 390, San Francisco, CA 94123 or by email at copyright@Evergram.com. For clarity, only DMCA notices should go to the Evergram Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Evergram customer service through support@Evergram.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that Evergram will promptly terminate without notice any User's access to the Evergram Service if that User is determined by Evergram to be a "repeat infringer." A repeat infringer is a User who has been notified by Evergram of infringing activity violations more than twice and/or who has had their Uploader Submissions or any other user-submitted content removed from the Evergram Service more than twice. In addition, Evergram accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Additional Terms for Apple App Store Applications. This Section 24 applies to you only if you have downloaded the Software from the Apple App Store.