Terms of Service
About These Terms
Welcome to EasyNative! EasyNative INC (“EasyNative,” “We,” “Us,” and “Our”) allows websites and other platforms to show their users more relevant content – made available from their own sites or from third party content owners. This content includes a wide range or articles, product reviews, videos and blog posts. The content usually appears in “thumbnail” form at the bottom or side of a page, and has a link that identifies the content as being placed with our help. Our mission is to help websites, applications and other services use their free space to show content that is both relevant and interesting, while also subsidizing their own (usually free) content.
These Terms of Service (the “Terms”) are an agreement between you (the “User,” “You”) and us (EasyNative), which you are accepting online by accessing our platform or this website (the “Website”). The Terms govern your use of all EasyNative features and software, this Website, and the EasyNative “Widget” that permits the linkage of content describe above (the “Widget” or the “EasyNative Widget”) (collectively, our “Services,”) as supplemented by other policies we may post, or agreements we and you may enter into. By agreeing to these Terms, you also agree to our Privacy Policy.
1. Your Eligibility to Use Our Services: As a Publisher
In order to use our EasyNative Widget you must agree to the terms in our Publisher Agreement.
Do not click through that agreement or access the Widget if your website or service (a) displays pornography or adult content, (b) violates any law, including any law regarding gambling, or (c) incites hatred of any societal, ethnic, religious or other group(s), including regarding persons of any sexual orientation. Likewise, do not click through that agreement or access the Widget if you are not formally authorized to do so on behalf of the operator of the website on which the EasyNative Widget would be used.
2. Your Eligibility to Use Our Services: As a Marketer
You may wish to engage us to promote your content through the EasyNative Widget. To do so, please go here
Do not access our Services if the content you seek to promote (a) displays pornography or adult content, (b) violates any law, including any law regarding gambling, or (c) incites hatred of any societal, ethnic, religious or other group(s), including regarding persons of any sexual orientation. Likewise, do not access our Services if you are not formally authorized to do so on behalf of the owner (or another authorized licensor) of the content you are seeking to promote.
3. EasyNative is a Platform: We Are Not Liable for Content Displayed Through Our Platform
EasyNative is a platform for content distribution: this means we do not author, nor do we endorse, content displayed through the EasyNative Widget. We have not reviewed, and cannot review, all of the material, displayed in the EasyNative Widget, and are not responsible for that material’s content, use or effects. By operating the EasyNative Widget, EasyNative does not represent or imply that it believes such material to be accurate, useful or non-harmful. Notwithstanding these Terms and any other steps we may take to provide high quality content, the EasyNative Widget may display content that is offensive, indecent, or otherwise objectionable to some, or content containing inaccuracies. The EasyNative Widget may contain material from websites that have commercial or advertising purposes, or that infringe rights held by third parties. In any of these events, you understand that EasyNative disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Our Privacy Policy
Our Privacy Policy is posted here. We recommend that you read it to learn more about how this Website, and our Services treat information that we collect and use, and how you can opt out of aspects of our Services.
5. Our Forum: Disclaimer
By posting or submitting content or materials on public areas of this Website, such as the “Forum,” you are granting us permission to use your submission for any purposes related to the Website and our Services. This includes granting us the right to copy, transmit, publicly display and reformat your submission on the Website or our Services. We welcome feedback, suggestions and comments from our users (“Suggestions”). However, be aware that if you provide Suggestions to us, you agree that we may use your Suggestions in any manner and own all licenses and ownership rights to such Suggestions. You should not expect any compensation of any kind for providing such Suggestions.
In addition, you should not rely on any advice, opinion, or facts posted by other users, including in the Forum, regarding how to use or implement our Services, or regarding any other subject. Information posted by other users, including our customers, may be inapplicable to your situation, and you therefore should do your own investigation before relying on anything others have posted.
6. Your Behavior on the Website and in the Forum
As described above, we may permit our users, customers and others to post questions, advice and other information on or through our Website, including in this Website’s “Forum” section. If you post or access that information, you agree to the following:
(a) You will not infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of any other entity;
(b) You will not violate the privacy, publicity, or other rights of third parties;
(c) You will not post information you know to be false, misleading or inaccurate;
(d) You will not use language that is obscene, defamatory, harmful, threatening, harassing, libelous, indecent, vulgar, hateful, or abusive in any way;
(e) You will not disclose any information where doing so would violate another person’s or entity’s rights, for instance, where doing so would amount to a breach of fiduciary duty, disclosure of confidential or proprietary information, or violation of an agreement;
(f) You will not misrepresent yourself, or the source of any posting;
(g) You will not post any virus, Trojan horse, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) You will not advocate or encourage any illegal activity.
If we, in our sole discretion, believe you have or may have done any of the above, we may terminate your account, including any service to or from you, immediately.
7. Our Right to Terminate or Refuse Your Account
In addition to the above, without limiting anything else in these Terms, EasyNative has the right (though not the obligation), in our sole discretion to (i) refuse or remove the EasyNative Widget on your site if your site, in EasyNative’s reasonable opinion, violates any EasyNative policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the EasyNative Widget to any individual or entity for any reason, in our sole discretion. If we do so based on your violation of these Terms, EasyNative will have no obligation to provide a refund of any amounts previously paid.
8. Our Intellectual Property and Other Proprietary Rights
This website, its architecture and all content on it is proprietary to EasyNative, its corporate affiliates, its suppliers and/or its customers. You are not permitted to ‘scrape’ any personal information from this website, or to use information gathered from this website to (a) compete with EasyNative or (b) provide any service related to EasyNative.
In addition, “EasyNative,” “EasyNative.com,” the EasyNative.com logo(s), and all other trademarks, service marks, graphics and logos used in connection with the EasyNative Widget, this Website or our Services are trademarks or registered trademarks of EasyNative or EasyNative’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EasyNative or third-party trademarks.
9. Termination
EasyNative may terminate your access to all or any part of the EasyNative Widget at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your subscription to the EasyNative Widget (if you have one), you may simply remove the service from your site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The EasyNative Widget and our other Services are made available on an “As Is” basis. You understand that EasyNative and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EasyNative nor its suppliers and licensors (nor its corporate affiliates) makes any warranty that the EasyNative Widget will be error-free or that access to it will be continuous or uninterrupted.
11. Limitation of Liability
You agree that in no event will EasyNative, its suppliers or licensors be liable to you under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Further, in no event shall EasyNative be liable to you for any amount greater than one thousand dollars ($1,000). The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification
You agree to indemnify and hold harmless EasyNative, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the EasyNative Widget, the Website or our Services, including but not limited to out of your violation this Agreement.
13. Copyright Infringement and DMCA Policy
As discussed above, we may permit users, our customers, and others to share their views and opinions on our Website, such as in our “Forum.” As EasyNative asks others to respect its intellectual property rights, it respects the intellectual property rights of others. We take claims of copyright infringement seriously. If you believe in good faith that your copyrighted work has been reproduced on our Website or through the EasyNative Widget without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, EasyNative, Inc. or in email to legal At EasyNative Dot Com. This contact information is only for suspected copyright infringement. Please include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available on our Website or through the EasyNative Widget, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as (as applicable) the precise url (web page) that it appeared on and/or the precise url (web page) that the EasyNative thumbnail links to, along with any copies you have of that web page.
Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are, or are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on or through the EasyNative Widget is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
14. Changes
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement. You agree that you will check this Agreement periodically for changes. Your continued use of or access to the EasyNative Widget following the posting of any changes to this Agreement constitutes acceptance of those changes. EasyNative may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
15. Disputes
This Agreement, your use of our Services and this Website shall be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, New York. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure solely to the benefit of the parties, their successors and permitted assigns.