1. This is an agreement (user agreement or agreement) between the operators of the EQE/EqualizerEverywhere service (we, our, us) and you. This agreement sets the terms of your use of the EQE.fm website and services (EQE) that includes the forums, playback history tracker, and iOS client. This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, then you should not use our service.

  2. Without advance notice, and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to our service, (2) suspend or terminate Your Account, (3) edit any of your User Content on our service, and/or (4) remove any of your User Content from our service.

  3. We reserve the right to monitor EQE, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all. This includes, but is not limited to, tracking your IP address and using cookies.

  4. EQE is designed and supported for personal use only. You may not use EQE to break the law, violate an individual's privacy, or infringe any person or entity's intellectual property or any other property rights.

  5. We are not responsible for any decisions you make based on something you read on EQE.

  6. To participate on EQE, you must create an account that includes a username, password and email address (Your Account). Of course, you can also browse EQE without logging in.

  7. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

  8. You may not license, transfer, sell, or assign Your Account without our written approval.

  9. You may also submit your debit or credit card information (Payment Information) via the website to purchase other products or services via EQE. EQE uses third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to EQE or one of our service providers.

  10. EQE contains graphics, text, photographs, images, video, audio, software, code, website compilation, website look and feel, and advertisements supplied by us or our licensors, which we call EQE content. EQE content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

  11. We grant you the right to access the EQE content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display EQE content, except as permitted by the doctrine of fair use or as authorized in writing by us.

  12. You retain the rights to your copyrighted content or information that you submit to EQE (user content) except as described below.

  13. By submitting user content to EQE, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

  14. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

  15. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to EQE.

  16. EQE is a place with many third-party hyperlinks posted by users like you. we are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and this agreement does not apply to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

  17. You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering EQE with this sort of content reduces the quality of the EQE experience for others. For guidance, see our rules about spam and self-promotion.

  18. You agree not to interrupt the serving of EQE, introduce malicious code onto EQE, make it difficult for anyone else to use EQE due to your actions, attempt to manipulate EQE’s systems, or assist anyone in misusing EQE in any way. It takes a lot of work to maintain EQE.

  19. Any abusive or excessively frequent requests to EQE via the API may result in the temporary or permanent suspension of your and your account's access to the API. We, in our sole discretion, will determine abuse or excessive usage of the API.

  20. You may not use the API to download data or Content from EQE for spamming purposes, including for the purposes of selling EQE users' personal information, such as to recruiters, headhunters, and job boards.

  21. EQE is not directed at people under the age of 13, and EQE does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing reddit, please contact us.

  22. Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.

  23. All the things you do and all the information you submit or post to EQE remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

  24. Specifically, you agree to hold EQE, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of EQE, your violation of this user agreement, and/or your violation of the rights of any third party or person.

  25. EQE is provided as is and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that EQE will always work properly.

  26. We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use EQE, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

  27. You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of EQE.

  28. Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Nevada without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Washoe County, Nevada.

  29. If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

  30. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

  31. This user agreement is the entire agreement between you and us concerning EQE. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice. By continuing to use EQE after a change to this agreement, you agree to those changes.

Terms