Effective Date:  This Terms of Use Agreement was last updated on November 30, 2007

Welcome to eForeverYoung.com.  eForeverYoung.com (referred to as “eforeveryoung” or “the web site”) is owned and operated by eMedia Productions, LLC.  The web site provides User’s with entertaining and youthful content.  Below are the stated Terms of Use in association with the eForeverYoung website.  Please read the Terms of Use carefully because they pertain to your legal rights regarding the usage of this website.  If you do not agree with the Terms of Use listed below then you should discontinue visitations to eForeverYoung.com.  eForeverYoung also disclaims all responsibility for a Users reliance on any information presented at eForeverYoung.com.   

This Terms of Use Agreement sets forth the standards of use of the eForeveryoung Online Service. By using eForeverYoung.com website you, the “User”, (“User” can consist of site “Visitor’s” (those who visit the site, but are not registered), and “Registered Members” (those who have registered with eForeverYoung)) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at eForeverYoung.com website.  Your continued use of the eForeverYoung websiteafter amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 

By using eForeverYoung.com you are also subject to eForeverYoung’s privacy policy. 

Registered Members are the users who have registered on the site by filling out certain information.  Registered Members have access to their own member home page, as well as, access to post pictures, have neighbors, join or create groups, join or create family groups, create or attend events, and post blogs.  Account settings and privacy options are included for the purposes of sharing and updating member information.  Only users registered on eForeverYoung.com will be allowed to use these features.

Registered Members should keep updated and accurate information about themselves in their personal profile.  This information has various privacy settings, allowing Registered Members to share or hide aspects of their information with others using eForeverYoung.com.  Any falsified information that is required by eForeverYoung.com can result in termination of a Registered Member’s account on eForeverYoung.com.  eForeverYoung reserves the right to suspend or terminate Registered Member’s accounts if the Terms of Use are violated, or eForeverYoung.com suspects that the information provided is outdated or inaccurate. 

Registered Members use a password that they have created to access the restricted portions of eForeverYoung.com.  Registered Members are solely responsible for maintaining the secrecy and security of their own password.  If the secrecy or security of a Registered Members password is jeopardized, that Registered Member must immediately contact eForeverYoung.com in order to keep the site secure.

eForeverYoung reserves the right to modify or discontinue the Service with or without notice to the Member. eForeverYoung shall not be liable to User or any third party should eForeverYoung exercise its right to modify or discontinue the Service. User acknowledges and accepts that eForeverYoung does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

eForeverYoung’s code of conduct applies to all user posted content.  This is content that might be present in a Registered Member’s profile, pictures, messages, groups, family’s, events, blogs, or any other material posted on the website.

This includes the following:

Any user of eForeverYoung.com cannot post, send, or upload any content that

• could be considered unlawful;
• is hateful, obscene, threatening, racially objectionable, ethnically objectionable, abusive, vulgar, offensive, or harassing in nature;
• provides solicitations; includes any commercial content;
• contains third party information;
• includes any software, program, or scripts, that can disrupt, harm, or disable the system;
• contains sexually explicit, or pornographic material;
• is defamatory to an individual or organization;
• is plagiarized;
• violates intellectual property rights; including, but not limited to, copyrights, patents, trademarks, or other proprietary rights;
• could impair, disable, or damage the site;
• includes any material encouraging an unlawful act;
• violates a contractual agreement;

You also agree to not:

• register for multiple Registered Member accounts, or create commercial accounts;
• create a Registered Member account for another individual without their express consent;
• misrepresent yourself or impersonate another individual or organization;
• collect information off of the site;
• access portions of the site that are restricted for your use, such as, another Registered Member’s pages;
• violate the eForeverYoung’s Terms of Use for the eForeverYoung.com website.

eForeverYoung does not assume ownership rights of any content posted on eForeverYoung.com.  However, by posting such material, the User grants eForeverYoung a worldwide license to the material that can be transferred, modified, copied, used, publicly displayed, or distributed in all forms by eForeverYoung.  This license is also transferable, non-exclusive, and eForeverYoung obtains the ability to sublicense.

The submission of content on eForeverYoung.com must adhere to the stated Code of Conduct presented above.

eForeverYoung may not view all material before being publicly displayed on the website.  Users acknowledge this fact and may report violations through report abuse links, or directly contacting eForeverYoung staff.  eForeverYoung reserves the right to remove any content, with or without notice, from eForeverYoung.com.

eForeverYoung is not responsible for materials that are posted on eForeverYoung.com by any of the websites Users.  Users may also remove their content from eForeverYoung.com at any time.

Blogs:

Posts to a blog may not be reviewed before being publicly displayed on eForeverYoung.com.  eForeverYoung assumes the Registered Members will be in good taste in regards to their postings and adhere to the stated Code of Conduct in the eForeverYoung Terms of Use.  Blog content should be relative to the collective content on the site and eForeverYoung reserves the right to modify, block, or delete a blogs content, with or without notification to the creator.

It will be considered a violation of the Terms of Use if individuals rate content excessively.

eForeverYoung.com may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

eForeverYoung.com also includes the ability to share links with other User’s on the website.  If you post a link using any shared mechanism, you agree that the information will comply with eForeverYoung’s Terms of Use.

eForeverYoung cannot guarantee permanent storage of a Registered Members information provided to the website.  Certain information is deleted after certain dates.  Due to back up purposes, eForeverYoung.com might not be able to permanently delete all of your information from our systems.

Our website is operated and provided in the State of Minnesota.  As such, we are subject to the laws of the State of Minnesota, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Minnesota. 

User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 eForeverYoung.com, with all rights reserved, or is the property of eForeverYoung and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of eForeverYoung is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of eForeverYoung.

eForeverYoung™ is a proprietary mark of eForeverYoung.  eForeverYoung’s trademarks may not be used in connection with any product or service that is not provided by eForeverYoung, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eForeverYoung.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, eMedia Productions, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Copyright Agent
Email: legal@eforeveryoung.com
Subject: Attention Copyright Agent

The site is provided by eForeverYoung on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, eForeverYoung makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  eForeverYoung shall have no liability for any interruptions in the use of this Website.  eForeverYoung disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

EMEDIA PRODUCTIONS, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EMEDIA PRODUCTIONS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LASS PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EMEDIA PRODUCTIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Users agree to indemnify and hold eForeverYoung its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User’s, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

eForeverYoung reserves the right to terminate a Registered Members account for any reason under the right circumstances, and without notice.  Termination includes deletion of a Registered Members account (including password, and member specific information), deletion of Registered Member content, and permanent suspension from using eForeverYoung.com. 

Any violations of the above Terms of Use agreement should be reported to legal@eforeveryoung.com Subject: TOU Violation.  eForeverYoung will then determined what actions to take based on the reported violation.  Please include a description of the violation with a link to the page where the violation occurred.  If at all possible, report the violation using the report links rather than sending an email.

eForeverYoung might occasionally send emails regarding site changes to your contact address if you are a “Registered Member”.  Unfortunately, Users will not be able to opt out of these emails due to their important nature.