Terms of Use

Last Updated February 16, 2011

The following terms of use (the “TOU”) govern your access and use of the web sites of Ebyline Inc., a Delaware corporation (“Ebyline”), and its affiliated sites, interactive computer service and online properties (collectively, the “Ebyline Network”), and any services contained within the Ebyline Network.

This TOU incorporates by reference Ebyline’s Privacy Policy and any Ebyline licensing agreement to which you are a party.

By accessing, browsing, submitting information to, or otherwise using the Ebyline Network, you acknowledge that you have read, understand and agree to these terms of use and any other terms presented in the Ebyline Network. If you do not agree to these terms of use, you must discontinue your access to and use of the Ebyline Network. Ebyline may amend these terms of use at any time and from time to time without specific notice to you. The latest terms of use will be posted on the Ebyline Network. Any changes to these terms of use shall be effective immediately following the posting of such changes. You agree to review these terms of use from time to time and agree that any subsequent access to or use by you of the Ebyline Network following changes to the terms of use shall constitute your acceptance of all such changes.

Ebyline may offer certain services that are governed by different terms of service and such different terms of service will be posted and govern the use of such service.

  1. Ebyline Network
    1. Service Changes and Discontinuation. Our Ebyline Network provides you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Ebyline reserves the right to change or to discontinue temporarily or permanently the services at any time without notice. You agree that Ebyline will not be liable to you or any third party for any modification or discontinuance of the Ebyline Network or any services therein.
    2. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Ebyline Network, including the services of our third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither Ebyline nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.
    3. Privacy Policy. Ebyline respects your privacy and has developed a detailed Privacy Policy that is incorporated into the TOU. Please take the time to read our Privacy Policy which is available at Privacy Policy. As a user of the Ebyline Network, you are accepting the terms of our Privacy Policy.
    4. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Ebyline Network (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Ebyline Network; personal User information; board posts; reader reviews; content ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Ebyline does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Ebyline does not pre-screen User Content, and has no obligation to do so, but that Ebyline and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service.
    5. Third Party Sites; Advertisers. The Ebyline Network may provide you with links or other opportunities to use certain sites, services, products, applications or content offered by or through Ebyline’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively “Third-Party Ebyline Network”). Your use of any Third-Party Ebyline Network is subject to any terms of service or conditions of use associated with the Third-Party Ebyline Network. Ebyline does not control Third-Party Ebyline Network and is not responsible for any Third-Party Ebyline Network or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Ebyline Network. Ebyline does not endorse any Third-Party Ebyline Network or any products, content or communications linked to or accessible from the Ebyline Network. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Ebyline Network.
  2. General Rules. For the benefit of the entire Ebyline community, and to comply with applicable laws, we have certain general rules, which Ebyline will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Ebyline Network or other actions by Ebyline, you should carefully read and follow them.
    1. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Ebyline Network registration forms (the “Registration Data”). You agree to update the Registration Data to keep it current and accurate.
    2. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Ebyline immediately and promptly change your password. Please edit your profile for instructions on how to change your password or to contact Ebyline at contact@ebyline.com.
    3. Obey the Law. You agree not to use the Ebyline Network for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
    4. Permitted Use of Content. The content included in the Ebyline Network, including all web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Ebyline Network (collectively, the “Content”) is owned or licensed by Ebyline and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. You shall not (a) use any content contained in the Content in any manner that may give a false or misleading impression, attribution or statement as to Ebyline, the copyright holder, or any third party referenced therein, (b) use the Ebyline Network and/or the Content and services and products on the Ebyline Network or accessible via the Ebyline Network for any unlawful purposes, and (e) publicly display, perform, or distribute any Document and shall not modify, translate, alter or create any derivative works thereof. Any other use of the Content without Ebyline’s prior written consent is expressly prohibited. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Ebyline.
    5. Limits on Use of the Ebyline Network. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Ebyline Network or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Ebyline Network, or breach the security or authentication measures on the Ebyline Network; (iii) reverse look-up, trace or seek to trace any information on any other User of the Ebyline Network, including any Ebyline account not owned by you, to its source, or exploit the Ebyline Network in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Ebyline Network; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Ebyline Network; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Ebyline Network or with any other person’s use of the Ebyline Network; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Ebyline Network; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
    6. Downloads. Any material or third party software downloaded through or for the use of the Ebyline Network is done at your own discretion and risk, and Ebyline will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Ebyline Network or our third party service providers will create any warranty not expressly stated.
  3. Children and Mature Content. The Ebyline Network is not directed to children under the age of 13. Ebyline will not knowingly collect personally identifiable information on or through the Ebyline Network from anyone under 13. Please be aware that certain areas on the Ebyline Network contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Ebyline Network that you find offensive, indecent or objectionable. By using the Ebyline Network you assume all risk associated with its use. We encourage parents to supervise their children’s use of the Ebyline Network and maintain open communication regarding appropriate materials for use and viewing by their children. (NOTE TO PARENTS: If you have any concerns about the Ebyline Network, please contact us at contact@ebyline.com)
  4. General

    1. Disclaimer of Warranties. You expressly understand and agree that:

YOUR USE OF THE EBYLINE NETWORK IS AT YOUR SOLE RISK. THE EBYLINE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EBYLINE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “EBYLINE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE EBYLINE PARTIES MAKE NO WARRANTY THAT (I) THE EBYLINE NETWORK WILL MEET YOUR REQUIREMENTS, (II) THE EBYLINE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EBYLINE NETWORK WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, EBYLINE NETWORK, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EBYLINE NETWORK WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE EBYLINE NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY EBYLINE PARTY, OR THROUGH OR FROM THE EBYLINE NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EBYLINE NETWORK. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE EBYLINE NETWORK IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE EBYLINE NETWORK IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE EBYLINE PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TOU, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.

    1. Limitation of Liability. YOU AGREE THAT THE EBYLINE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EBYLINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE EBYLINE NETWORK; (II) THE COST OF GETTING SUBSTITUTE GOODS AND EBYLINE NETWORK RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR EBYLINE NETWORK PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EBYLINE NETWORK; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE EBYLINE NETWORK; OR (V) ANY OTHER MATTER RELATING TO THE EBYLINE NETWORK. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY EBYLINE PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE EBYLINE NETWORK, LIABILITY OF THE EBYLINE PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE EBYLINE NETWORK PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST EBYLINE, OR (II) US$100.00.
    2. Indemnification. You agree to protect and fully compensate the Ebyline Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Ebyline Network, or violation of the TOU by you or any other user of your account (whether or not authorized).
    3. Copyright Infringement. If you believe that content you own has been used on the Ebyline Network in a way that violates your copyright or other intellectual property rights, please provide Ebyline’s Copyright Agent the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Ebyline’s Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Designated Agent
Attention: Legal Department
925 N. La Brea Ave
Suite 6080
West Hollywood, CA 90038

By email: contact@ebyline.com

    1. Miscellaneous. Ebyline’s rights under the TOU may not be waived unless Ebyline agrees to such change in writing. The TOU and your account on the Ebyline Network are personal to you and may not be transferred or assigned. The TOU shall be governed by and construed in accordance with the laws of the State of California, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of California. Any action, proceeding, dispute, claim or controversy arising out of or relating to the Ebyline Network or the TOU shall be brought exclusively in the United States District Court for the Central District of California. Each party hereby agrees that such courts shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. Ebyline’s performance of the TOU is subject to existing laws and legal process, and nothing contained in the TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ebyline Network or information provided to or gathered by Ebyline with respect to such use. If any part of the TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOU shall continue in effect. The TOU, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Ebyline Network and the Privacy Policy), constitutes the entire understanding between you and Ebyline regarding the Ebyline Network. A printed version of the TOU and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOU shall be written in English.
    2. Notices. Ebyline may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Ebyline Network or delivering them to you through email if you have provided Ebyline with your accurate email address.

Direct questions or notices to Ebyline as follows:

Ebyline, Inc.
Attn: Support
925 N. La Brea Ave
Suite 6080
West Hollywood, CA 90038