Earmark Terms of Service

Welcome to Earmark! You are now reading Earmark’s Terms of Use, meaning the contract between you and Earmark when you use Earmark’s mobile app and website (collectively, the “Earmark Services”). You should read this carefully before you use the Earmark Services. By using the Earmark Services you are agreeing to be bound by the following terms and conditions. If you have any questions or suggestions, please feel free to email us at support[at]ermrk.it.

Basic Terms

  1. You must be 13 years or older to use the Earmark Services.
  2. You are responsible for any activity that occurs under your screen name or user ID.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other Earmark users.
  5. You may not use the Earmark Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Earmark Services.
  7. You may not post nude, partially nude, or sexually suggestive images, including photos.
  8. You must not modify, adapt or hack Earmark or modify another website so as to falsely imply that it is associated with Earmark.
  9. You must not crawl, scrape, or otherwise cache any content from Earmark including but not limited to user profiles and photos.
  10. You must not create or submit unwanted email or comments to any Earmark members ("Spam").
  11. You must not use web URLs in our name without prior written consent from Earmark, Inc.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. You must not, in the use of Earmark, violate any laws in your jurisdiction (including but not limited to copyright laws).
  14. Violation of any of these agreements will result in the termination of your Earmark account. While Earmark prohibits such conduct and content on its site, you understand and agree that Earmark cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Earmark Services at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Earmark Services for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark rights, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on Earmark

  1. Earmark does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Earmark Services. By displaying or publishing ("posting") any Content on or through the Earmark Services, you hereby grant to Earmark a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Earmark Services.
  2. The Earmark Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Earmark may place such advertising and promotions on the Earmark Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Earmark Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Earmark Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Earmark Services.
  4. The Earmark Services contain Content of Earmark ("Earmark Content"). Earmark Content is protected by copyright, trademark, patent, trade secret and other laws, and Earmark owns and retains all rights in the Earmark Content and the Earmark Services. Earmark hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Earmark Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Earmark Services.
  5. The Earmark Services contain Content of Users and other Earmark licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Earmark Services.
  6. Earmark performs technical functions necessary to offer the Earmark Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Earmark Services.
  7. Although the Earmark Services are normally available, there will be occasions when the Earmark Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Earmark. Also, although Earmark will normally only delete Content that violates this Agreement, Earmark reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Earmark in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Earmark encourages you to maintain your own backup of your Content. Earmark will not be liable to you for any modification, suspension, or discontinuation of the Earmark Services, or the loss of any Content.

Dwolla Corp. Not Responsible for the Earmark Services

  1. The Earmark Services are not directly supported by Dwolla Corp. Dwolla Corp. makes no claims about the Earmark Services. The Earmark Services are not endorsed or certified by Dwolla Corp.