Neverstill Media, LLC (“Neverstill”, “us”, “we”, or “Company”) operates an online network of informational and community-driven websites including this website (http://phandroid.com) and any subdomains thereof and pages within (the “Website”).
By accessing this website, you are agreeing to be unconditionally bound by this Website’s Terms of Service Agreement (“Agreement”), all applicable state and federal laws and regulations, and agree that you are responsible for compliance with any applicable local laws regarding online conduct and appropriate content. If you do not unconditionally agree with any of these terms, you are prohibited from using or accessing this site, and must discontinue your use of this Website immediately.
2. YOUR ACCOUNT
You must be at least 13 years of age to use or become a member (“Member”) of this Website. By using the Website, you certify that you are at least 13 years old. If you are older than 13 but less than 18 years of age, you may only use the Websites under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you become a Member, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service, terminate accounts, remove or edit content, or take other measures on member accounts based on the sole discretion of the Company.
3. MEMBER CONDUCT
You hereby agree to refrain from engaging in any inappropriate conduct when using the Websites. Inappropriate conduct will not be tolerated and may result in the termination of member privileges. Inappropriate conduct is any conduct deemed by the Company to be harmful to the online community, including not limited to the following:
- posting any content deemed (by us) to be offensive, obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
- posting content containing nudity or violence;
- soliciting personal information from anyone under 18 years of age;
- providing a hyperlink to any website containing nudity or violence;
- promoting, soliciting, or encouraging any type of criminal activity;
- posting content that supports or promotes hatred of any race, ethnicity, sex, gender, or religion;
- transmitting unsolicited email to the Company or any member;
- impersonating any person or entity;
- posting advertisements or any other form of commercial solicitation without express authorization from the Company;
- infringing the intellectual property rights of any third party, including copyright, trademark, patent, privacy,
- publicity or other personal or proprietary rights;
- posting any defamatory or otherwise false information; and
- posting or transmitting computer viruses or any other malicious software.
- posting comments deemed by us to be trolling
- creating multiple user accounts
We assume no responsibility to monitor this Website but may do so at our discretion. Member posted content may be edited, modified, and/or removed from the Website at any time without prior notice.
4. USE OF CONTENT LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. Modify or copy the materials
b. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
c. Attempt to decompile or reverse engineer any software contained on Neverstill’s website
d. Encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Website, whether in whole or in part, or create any derivative works from or of the Website, whether for commercial or personal interest
e. Remove any copyright or other proprietary notations from the materials
f. Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Neverstill at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. HYPERLINKED WEBSITES
The Company has not reviewed and does not monitor hyperlinks to other websites contained in our Website. The inclusion of any hyperlink does not imply an endorsement, and use of any such linked website is at your own risk. We assume no responsibility for the nature or accuracy of content posted on hyperlinked websites. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in such hyperlinked websites.
6. CONTENT POSTED BY MEMBERS
If you post content or submit material on the Website, and unless we indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Neverstill and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Neverstill for all claims resulting from content you supply. Neverstill has the right but not the obligation to monitor and edit or remove any activity or content. Neverstill takes no responsibility and assumes no liability for any content posted by you or any third party.
7. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe your copyrighted work has been infringed upon or become aware of other infringing material, please contact our Copyright Agent at the address below and include the following information:
- A physical signature of a person authorized to act on behalf of the owner of the allegedly infringed copyrighted work
- A description of the copyrighted work that you claim has been infringed upon
- A description identifying the location of alleged infringing material on the Website
- Your address, telephone number, and email address.
- A statement, written by you, indicating that you have a good faith belief, under penalty of perjury, that the disputed use is not authorized by the copyright owner, its agent, or the law, and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Neverstill’s Copyright Agent for notice of these claims can be reached at:
Neverstill: Copyright Agent
6328 Baltimore National Pike
Catonsville, MD 21228-3901
Following receipt and corroboration of the above information, we may remove or disable access to the infringing material and take reasonable steps to notify the Member responsible for posting the infringing material. This may also result in the modification or termination of Member privileges or account.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED BY THE COMPANY “AS IS”. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITES OR ANY HYPERLINKED WEBSITE. THE COMPANY DOES NOT ENDORSE THE OPINIONS EXPRESSED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITES. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITE. THE COMPANY DOES NOT APPROVE, ENDORSE, OR ENSURE THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE AND IMPLORES ALL USERS TO CONSULT OTHER RESOURCES BEFORE MAKING ANY DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COMPUTER MALFUNCTION RELATED TO OR ARISING OUT OF THE USE OF THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW, SHOULD HAVE KNOWN, OR HAVE BEEN NOTIFIED ORALLY OR IN WRITING ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
10. REVISIONS AND ERRATA
The materials appearing on the Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its Website are accurate, complete, or current. The Company may make changes to the materials contained on its Website at any time without notice. Phandroid does not, however, make any commitment to update the materials.
You agree to indemnify and hold harmless, the Company, its members, managers, agents, and employees, from and against any and all claims, damages, and expenses, including reasonable attorney’s fees, arising from your use of the Websites.
12. TERMS OF SERVICE AGREEMENT MODIFICATIONS
The Company may revise these terms of service for its Websites at any time without notice and any changes or updates will be effective immediately upon posting to the Website. By using the Website you are agreeing to be bound by the version of the Website’s Terms of Service currently published on the site.
13. SEVERABILITY; WAIVER
This Agreement constitutes the final agreement between you and the Company, superseding all prior agreements. By using the Website, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision that comes closest to fulfilling the purposes of this Agreement. The failure of the Company to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement.
14. GOVERNING LAW
You agree that the laws of the State of Maryland, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and the Company. Any action brought against the Company, its members, managers, employees, or agents related to the use of the Website, must be brought in the state or federal courts of Baltimore City, Maryland and you consent to the exclusive personal jurisdiction of such courts. Furthermore, the Company or you may demand that any dispute between you and the Company be submitted to confidential arbitration in Baltimore City, Maryland and will be conducted under the procedures of the American Arbitration Association.
BY ACCESSING THE WEBSITE OR USING THE SERVICES PROVIDED BY THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE UNCONDITIONALLY BOUND BY THEM.