Agreement between User and eternaview.com

Welcome to eternaview.com. The eternaview.com website (the “Site”) is comprised of various web pages and, potentially in the future, related websites and apps, operated by Eternaview LLC (“Eternaview”). Eternaview.com is offered to you conditioned on your acceptance, regardless of whether you are a registered user or not, without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of eternaview.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Eternaview.com is a Video/Audio Interview Site.

The purpose of this website is for people to be able to record video and/or audio interviews that others can interact with. Certain services such as creating an Eternaview may only be available with a paid subscription.

Privacy

Your use of eternaview.com is subject to Eternaview’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting eternaview.com or sending emails to Eternaview constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity, other than potentially handing over control of any Eternaview video interviews you created and for which you indicate certain other parties to take control in the event of your incapacitation or death. You acknowledge that Eternaview is not responsible for third party access to your account that results from theft or misappropriation of your account. Eternaview and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Prohibited Content

Eternaview does not permit creators to engage in the following in their recordings:

• Bullying;
• Violence;
• Nudity or sexual acts;
• Hate speech or derogatory language based on race, gender identity or orientation, or religion;
• Any action that may violate laws governing Eternaview’s or the user’s actions.

Eternaview may further restrict or require changes to any recording for whatever reason it sees fit. Eternaview may also waive restrictions for educational, documentary, scientific, artistic reasons, where it may be in the public interest to do so, or in other cases where, in its sole discretion it sees fit to do so.

Age Restrictions and Information

Eternaview does not knowingly collect, either online or offline, personal information from persons under the age of 13. Entry of birthdate information is completely optional. If you are under 18, you may use eternaview.com only with permission of a parent or guardian.

Dating Eternaviews are not intended to be created or viewed by children under the age of 18, even with the permission of their parent or guardian.

Cancellation/Refund/Deletion Policys

Refunds will not be available unless Eternaview determines, solely based on its own judgment, that there might be grounds for an exception (e.g. excessive downtime or availability of the service). Beyond a one-time upfront payment and first-year annual subscription, a customer may discontinue service rather than continuing to pay an annual subscription in future years.

Eternaview reserves the right to retain any deleted, canceled, expired Eternaview in case the customer wants to turn it on in the future or due to some billing error.

Customer recognizes that Eternaview may choose to not take down recordings from its site that are marked public, even if a subscription is canceled or expires, unless the customer makes a specific request to support@eternaview.com or seo@eternaview.com to do so.

Links to Third Party Sites/Third Party Services

Eternaview.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Eternaview and Eternaview is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eternaview is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eternaview of the site or any association with its operators.

Certain services made available via eternaview.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the eternaview.com domain, you hereby acknowledge and consent that Eternaview may share such information and data with any third party with whom Eternaview has a contractual relationship to provide the requested product, service or functionality on behalf of eternaview.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use eternaview.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Eternaview that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Eternaview reserves the right, based on a determination in its sole discretion, to cancel or suspend or limit or alter the terms of any subscription that by its use or nature overburdens Eternaview’s resources, is uneconomic for Eternaview to continue, or for any other reason. This may apply even in some cases where a subscriber/subscription has not exceeded its usage allowances.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Eternaview or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Eternaview content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Eternaview and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eternaview or our licensors except as expressly authorized by these Terms.

Visibility of Your Recording

To the degree that you indicate that you want to create a “private” Eternaview video, Eternaview will attempt to make it visible only to potential viewers that the creator indicates it would like to be invited to view the Eternaview. However, Eternaview cannot guarantee that the Eternaview will not accidentally become visible to the public. Similarly, if a creator chooses to share a link to the Eternaview, Eternaview cannot control who ultimately gets access to that link. Even if the creator indicates that the link should only work for a restricted group of people (e.g. those who were also emailed an invite to view the recording), it should be assumed by the creator that, due to limitations in the technology and the fact that Eternaviews is only in beta release, that the link might ultimately work for anyone who gets access to it.

When creating your recording, you will be asked personal information about yourself and life. It is solely your responsibility to choose what to share and what viewers or other parties, known or unknown to you, might do with such information.

Third Party Accounts

You may at some point be able to connect your Eternaview account to third party accounts. By connecting your Eternaview account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Eternaview from locations within the USA (and certain other countries). Whether you access the Service from a location inside or outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Eternaview Content accessed through eternaview.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Eternaview, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eternaview reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eternaview in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Eternaview agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ETERNAVIEW LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ETERNAVIEW LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ETERNAVIEW LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETERNAVIEW LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ETERNAVIEW LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Eternaview reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eternaview as a result of this agreement or use of the Site. Eternaview’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eternaview’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Eternaview with respect to such use. If any part of this agreement 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 agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eternaview with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eternaview with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Eternaview reserves the right, in its sole discretion, to change the Terms under which eternaview.com is offered and such changes will be in effect upon notification of the revised Terms on the website. The most current version of the Terms will supersede all previous versions. Eternaview is not obligated to notify you of any changes and encourages you to periodically review the Terms of Use listed on the website to stay informed of our updates.

Risks of Beta Version

User recognizes that the website being launched in mid 2023 is a beta version and, by its nature, may have additional bugs or lack of features than might be expected from a non-beta version of this or other websites. User accepts the extra risk related to using the beta version.

In both the beta version and later version, all Eternaview services are provided “as is”, and with “all faults”, and Eternaview disclaims any warranties.

Fees

The price paid for your subscription only applies to your then current subscription period. We reserve the right to raise or decrease the subscription price for later periods.

Additional
Even if a creator of an Eternaview recording wants to make it “public” on the site, we reserve the right to make any Eternaview “private” rather than public for reasons including, but not limited to, changes in the layout of the site, technical quality of visual/audio recording, other qualitative aspects of the recording, the number of questions answered, the content of the video, various marketing and design reasons, and concern about the creator being underage.

To the degree not specified elsewhere on the site by choices made by the creator, nor prohibited by applicable statutes, we reserve the right to determine the long-term accessibility of any Eternaview to the family members of a deceased creator of an Eternaview. For instance, if a creator of an Eternaview later died, and their subscription needed to be renewed, we reserve the right to make it available to next of kin.

Contact Us

Eternaview welcomes your questions or comments regarding the Terms to support@eternaview.com or seo@eternaview.com

Effective as of May 16, 2023