IT’S OVER EASY TERMS OF SERVICE
These Terms of Service (the “Terms”) govern your use of all websites and mobile applications owned or operated by It’s Over Easy, LLC (“OverEasy” “we” or “us”), including the website located atwww.itsovereasy.com (the “Site”) and any other websites, applications, interactive features, widgets and resources offered by OverEasy through Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “OverEasy Service” or “Service”). Please read these Terms carefully. By using the OverEasy Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the OverEasy Service.
Your use of certain portions of the Service may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.
OverEasy is not a law firm and your use of the Service does not and will not create an attorney-client relationship between you and OverEasy. We do not provide legal advice through the Service. The Service may facilitate access or introductions to an attorney or other licensed professionals in various ways, including, for example, by providing you with their contact information. These services will not create an attorney-client relationship between you and OverEasy.
Because your relationship to the law and the legal system is inherently personal, no general information or technological tools like those that we provide will be appropriate for every circumstance. If you need legal advice for your specific situation, you should consult a licensed attorney in your area.
Also, because the law often changes and is different in different jurisdictions, OverEasy does not guarantee that all of the information on the Site or Service is current, complete, or accurate.
As part of the set-up and registration process, you may be asked to select a username and password. OverEasy may refuse to grant you a username or revoke your username for any reason in its sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. OVEREASY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the OverEasy community. To protect this community, you agree not to use the OverEasy Service to:
(a) violate any local, state, national or international law or regulation;
(b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(c) transmit any material that you know to be false, inaccurate, or misleading;
(d) stalk, harass, bully, or harm another individual;
(e) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(f) knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) defeat or interfere with any security feature of the OverEasy Service, or attempt to do so;
(h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(i) interfere with or disrupt the OverEasy Service or servers or networks connected to the OverEasy Service, or disobey any requirements, procedures, policies or regulations of networks connected to the OverEasy Service; or
(j) alter or modify any content or component of the OverEasy Service, other than content you have posted using the OverEasy Service.
You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the OverEasy Service. OverEasy reserves the right to revoke these exceptions either generally or in specific cases.
Ownership of OverEasy’s Content; Restrictions on Use.
The content on the OverEasy Service, other than “User Submissions” (as defined below), including, without limitation, forms, photos, clips, videos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “OverEasy” word mark and the OverEasy design mark, as well as certain other of the names, logos and materials displayed on or through the OverEasy Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to OverEasy and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the OverEasy Service or any portion of the OverEasy Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by OverEasy and its applicable licensors.
The OverEasy Service is provided for your personal, non-commercial use only, except that if you are an attorney or other professional (a “Professional”), you may use the Service and our Content as provided below. You must abide by all copyright notices, trademark notices, information and restrictions contained in or associated with any Content. You must not remove, alter, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure associated with the Content.
The OverEasy Service may enable you to post and share textual comments, photos, videos, clips and/or audio recordings, and other content in publicly accessible portions of the OverEasy Service (collectively, the “User Submissions”).
When you post or provide OverEasy with a User Submission, you grant to OverEasy and its affiliates, partners, representatives, and their successors and assigns, a non-exclusive, fully-paid, royalty-free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereafter created, for any purpose.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the OverEasy Service that you do not want to be viewed by others.
OverEasy reserves the right to display advertisements in connection with, and/or based upon, your User Submissions and otherwise in connection with the OverEasy Service.
You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Submissions to enable you to grant to OverEasy the rights in your User Submissions described herein; and (b) your User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
You acknowledge that OverEasy does not necessarily pre-screen any User Submissions uploaded by you or other users of the OverEasy Service but that OverEasy may pre-screen, or review after initial posting, your User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms. OverEasy shall have the right in its sole discretion to refuse or remove any User Submissions as well as terminate your access to the OverEasy Service for any reason or no reason. OverEasy disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against OverEasy with respect to such User Submissions.
You agree that OverEasy and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), about the Site or the Services including Feedback that you send to OverEasy or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that OverEasy has no duties to you (including any duty to compensate you), with respect to such Feedback.
Infringement Notice Procedures – Copyrights and Trademarks.
5.1 Copyright Infringement Notification. OverEasy respects the intellectual property rights of others. Upon proper notice, OverEasy will remove or disable access to User Submissions that violate copyright law, and may suspend access to the OverEasy Service (or any portion thereof) of any user who uses the OverEasy Service in violation of copyright law and may terminate the accounts of repeat infringers.
OverEasy has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law.
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send OverEasy‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit OverEasy to locate the material on the OverEasy Service; (c) information reasonably sufficient to permit OverEasy to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following OverEasy copyright agent:
It’s Over Easy, LLC
145 South Fairfax
Santa Monica, CA 90036
Attn: Copyright Agent
By submitting a Notification, you acknowledge and agree that OverEasy may forward your Notification and any related communications to any users who posted the material identified in such notice.
Please do not send notices or inquiries unrelated to alleged infringement to OverEasy’s designated agent.
5.2 Counter Notification. If you believe that your content has been wrongfully removed from the OverEasy Service relating to a Notification, you may send OverEasy a counter notification (“Counter Notification”). Your Counter Notification, to be effective, must be in writing, sent to OverEasy’s designated agent (as identified above in Section 5.1, and include substantially the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the OverEasy Service; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the U.S.) and agree to accept service of process from the person who submitted the original Notification that resulted in your User Submission being removed (or an agent of such person) in the event they elect to file suit.
By submitting a Counter Notification, you acknowledge and agree that OverEasy may forward your Counter Notification and any related communications to the person who submitted the original Notification that resulted in the removal of your User Submission or to other third parties.
OverEasy reserves the right, in its sole discretion, to terminate your access to all or part of the OverEasy Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT OVEREASY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE OVEREASY SERVICE (OR ANY PORTION THEREOF).
Modifications to OverEasy Service.
OverEasy reserves the right to modify or discontinue the OverEasy Service with or without notice to you. OverEasy shall not be liable to you or any third party should OverEasy exercise its right to modify or discontinue the OverEasy Service.
The OverEasy Service may contain links to third party websites, images, videos, gifs, or other Internet resources that are not owned or controlled by OverEasy (“Third-Party Materials”). OverEasy’s provision of a link to any other Third-Party Materials is for your convenience only and does not signify OverEasy’s endorsement of such other website or resource or its contents. OVEREASY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OVEREASY SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE OVEREASY SERVICE IS AT YOUR SOLE RISK. THE OVEREASY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OVEREASY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE OVEREASY SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
OverEasy and its affiliates make no warranties or representations that the Service will meet your requirements or that the results that may be obtained from use of the Service will be accurate or reliable. Further, OverEasy and its affiliates make no warranties or representations about the availability of the OverEasy Service, the accuracy or completeness of content available on or through the OverEasy Service, or the content of any websites linked to the OverEasy Service. OverEasy assumes no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from access to or use of the OverEasy Service or inability to access or use the OverEasy Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) interruption or cessation of transmission to or from the OverEasy Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the OverEasy Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the OverEasy Service.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OVEREASY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE OVEREASY SERVICE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OVEREASY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR DAMAGES EXCEEDING THE GREATER OF (A) $750.00 AND (B) THE AMOUNTS PAID BY YOU TO OVEREASY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent OverEasy may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of OverEasy’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless OverEasy, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the OverEasy Service or otherwise provide to us; (b) your use of the OverEasy Service; (c) your violation of these Terms or any Additional Terms; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you (or anyone using any of your accounts) or by your User Submissions. If you are a Professional, you also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims relating to or that may be asserted by your clients. OverEasy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with OverEasy in asserting any available defenses.
Minors; Ability to Accept Terms of Service.
The OverEasy Service is not intended for children under 18 years of age. If you are under 18 years of age, please do not use the OverEasy Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older.
Choice of Law; Arbitration.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
We do not represent or warrant that the OverEasy Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the OverEasy Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of OverEasy Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. In particular, the Service currently is not intended for use by residents of the European Union.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and OverEasy, and govern your use of the OverEasy Service. The failure of OverEasy to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
Modifications to Terms.
The effective date of these Terms is May 25, 2018.