Evernews Terms of Use

Last updated April 19, 2015

Evernews mobile application (“Evernews”, or the "Application") is owned by MeganetSoft, Inc. It provides the ability to view a daily stream of history, culture, technology and art related events. The services offered by Evernews include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPhone and iPad, our website located at http://evernews.co (the “Site”) and any other services offered by Evernews in connection with our Evernews Application or the Site (any and all of the foregoing are referred to as the “Services”).

Please read the following terms of use and conditions (the “Terms”) carefully. These Terms govern your access to and use of the Services and Evernews Content (defined below) and set forth the legally binding terms for your use of the Services and Evernews Content, whether or not you are a Evernews App User or a visitor of the Site. A “Evernews App User” is a person who has downloaded and installed a copy of the Evernews Application.

Modification

Evernews reserves the right, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Evernews Application. The date of the most recent revision is noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any Evernews Application) after we have posted a modification to these Terms of Use, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and Evernews that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Content

Certain types of content are made available through the Site and Services. “Evernews Content” means Evernews proprietary content, including but not limited to, Evernews trademarks and logos made available through the Site and Services, excluding Third Party Materials.

Ownership

The Site, Services, and Evernews Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Evernews and its licensors exclusively own all right, title and interest in and to the Site, Services, and Evernews Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Evernews Content.

Evernews claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

Evernews Application License

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, Evernews grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Evernews Application on any authorized device you own and control, and run such copy of the Evernews Application solely for your personal, non-commercial use. With respect to any iTunes Store Sourced App you may only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Furthermore, with respect to any Google Play Store Sourced App you may only use the Google Play Store Sourced App as permitted by the “Usage Rules” set forth in the Google Play Store Terms of Service.

Updates and Upgrades. Evernews is not obligated to maintain or support the Evernews Application, to provide all or any specific content through the Evernews Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Evernews may issue updates to the Evernews Application, disable access to the Evernews Application for any period of time or permanently, and may automatically update the version of the Evernews Application that you are using on your mobile device. You consent to such automatic updating on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates. Evernews shall have no liability to you arising out of any unavailability of the Evernews Application.

Use of Application by Children. The Evernews Application is not intended for use by children under age of 13.

Links. The Evernews Application may provide links to websites or other applications. Evernews Application exercises no control whatsoever over such websites or applications and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites is solely at your own risk.

Term and Termination. The license to the Evernews Application granted under these Terms of Use remains in effect, unless earlier terminated by you or Evernews in accordance with this provision. You may terminate the license at any time by destroying all copies of the Evernews Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from Evernews if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the Evernews Application and promptly delete and destroy all copies, full or partial, of the Evernews Application.

Proprietary Rights. The copy of the Evernews Application is licensed, not sold, to you. You agree that Evernews own all right, title and interest in and to the Evernews Application, including all intellectual property rights therein, and that Evernews retains ownership of all copies of the Evernews Application even after installation on your mobile device.

Copyrighted Materials: No Infringing Use

Evernews Application respects intellectual property rights of others, and requires its users do the same. It is our policy to use public domain images or images licensed under Creative Commons, with respect of the terms of such licenses. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Application in a way that constitutes copyright infringement, you may notify us by emailing us at support@evernews.co. providing the following information: (i) the signature of the owner of the copyright or the person authorized to act on the owner's behalf; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claim to be infringing and information sufficient to locate the material; (iv) a statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@evernews.co. You acknowledge and agree that all Feedback will be the sole and exclusive property of Evernews and you hereby irrevocably assign to Evernews and agree to irrevocably assign to Evernews all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At Evernews’s request and expense, you will execute documents and take such further acts as Evernews may reasonably request to assist Evernews to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following while using the Site, Services or Evernews Content:

Disclaimers

THE SITE, SERVICES, EVERNEWS CONTENT AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EVERNEWS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVERNEWS MAKES NO WARRANTY THAT THE SITE, SERVICES, EVERNEWS CONTENT OR THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVERNEWS OR THROUGH THE SITE, SERVICES, EVERNEWS CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Evernews used herein are trademarks of Evernews. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Disclosure

The Services hereunder are offered by MeganetSoft. You may contact us by emailing us at support@evernews.co.