Evernight New Player Sign-Up
Evernight Terms of Use and Legal Restrictions Attention: Please review the Terms of Use and Legal Restrictions ("Terms") below carefully prior to using the Evernight Site (the "Site"). Please note that, by using this site, you are acknowledging acceptance of these Terms. If you do not accept these Terms, do not use this site. Use of Site: Evernight is an online game with a web-based interface developed by Evernight LLC that allows a user to play with only a web browser. Evernight LLC SM authorizes you to access and view web pages on the Site and download the materials at this Site only for these purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any other public or commercial purpose. All other uses of these materials on any other web site or networked computer environment for any purpose are strictly prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, Evernight LLC may terminate your subscription to the Evernight game and the Site and, further, you must immediately destroy any downloaded or printed materials. Violations and Additional Policies: Evernight LLC reserves the right to seek all remedies available at law and in equity for violations of the rules, regulations and terms set forth in this Site, the Evernight Code of Conduct and the Evernight Privacy Policy, including the right to block access from a particular Internet address to the Site. Conduct: You agree to be personally responsible for your use of the Site and the use of your subscription for the Site and conduct yourself in a lawful and respectful manner. Further, you agree to abide by the Evernight Code of Conduct. Privacy: You accept and agree to the terms of the Evernight Privacy Policy. Security: You are responsible for maintaining the confidentiality of your alias (i.e. your login ID) and password, and you are responsible for all uses of your alias and password, whether or not authorized by you. Email: Email submissions over the Internet may not be secure. Please consider this fact prior to emailing any personal or confidential information. Discussion Forums: Certain areas of this Site enable you to access online forums or chat rooms. Evernight LLC does not endorse, and specifically disclaims any responsibility or liability for any content in the forums or chat rooms. In addition, Evernight LLC, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the forums or chat rooms that it deems abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of these Terms, or for any other reason. You agree that, by submitting content to a forum or chat room, you will only submit content related to the subject matter of the forum or chat room and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer; and grant to Evernight LLC the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any moral rights you may have in such content. Billing and Charges: Evernight LLC may use third parties to handle any billing or charging associated with Evernight game subscriptions. You are responsible for resolving any billing or charging issues with the third party directly. You shall agree to defend, indemnify and hold harmless Evernight LLC and its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees that arise from a breach of these Terms by which you are bound as a user of this Site. Evernight LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Evernight LLC in that matter. This section shall survive termination of this Agreement. Evernight LLC may also provide access to third-party vendors, who provide content, goods and or services on this Site or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Termination: Either you or Evernight LLC has the right to terminate or cancel your subscription at any time. You understand and agree that the cancellation of your subscription is your sole right and remedy with respect to any dispute with Evernight LLC. This includes, but is not limited to, any dispute related to, or arising out of any of these Terms or any dispute with the Evernight Code of Conduct or the Evernight Privacy Policy, or Evernight LLC ‘s enforcement or application of these policies. You can cancel your subscription by visiting the Cancel Subscription Page. In the event that your subscription is terminated or canceled, Evernight LLC does not take responsibility for any fees paid or unpaid. In addition, where a person's subscription has been cancelled due to a violation of these Terms, the person shall not use the Evernight subscription of another person. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms. You also understand and agree that the Evernight Code of Conduct and the Evernight Privacy Policy, including Evernight LLC 's enforcement of these policies, is not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Philadelphia, excluding its conflicts-of-law rules, govern these Terms and your subscription. As noted above, personal conduct on this Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Evernight LLC or relating in any way to your subscription or your use of this Site resides in the courts of Philadelphia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Philadelphia in connection with any such dispute including any claim involving Evernight LLC or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to this Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms. Trademarks and Service Marks: Evernight LLC, along with their logos, and Evernight are either registered trademarks/service marks or trademarks/service marks of Evernight LLC. All other brand or product names are trademarks or registered trademarks of their respective owners. Unauthorized use of any company trademark, service mark or logo may be a violation of federal and state trademark laws. Copyrights: This Site is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site or individual sections of the design or layout of this Site or Evernight LLC logos without our written permission. Links: This Site may contain links to web sites operated by other parties. The linked sites are not under the control of Evernight LLC, and Evernight LLC is not responsible for the content available on any other Internet sites linked to the Site. Such links do not imply Evernight LLC‘s endorsement of material on any other site and Evernight LLC disclaims all liability with regard to your access to such linked web sites. Evernight LLC provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Site is at your own risk. Location: This Site is operated by Evernight LLC from its offices in the United States. Evernight LLC makes no representation that the information in the Site is appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No Warranties: ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVERNIGHT LLC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK. EVERNIGHT LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES. Limitation of Liability: EVERNIGHT LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF EVERNIGHT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS. Changes to these Terms: Evernight LLC reserves the right to modify this Site and the rules and regulations governing its use, at any time. Modifications to these Terms will be posted on the Site at least 30 days prior to their effective date, and users are deemed to be apprised of and bound by any changes to the Terms as amended from time to time.