Terms of Use Agreement - July 20, 2017
EzLOMS
Email: ezloms@ezloms.com

Your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about the users of EzLOMS's services, we feel you should fully understand the terms and conditions surrounding the capture and use of that information.

THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

Information EzLOMS Gathers and Tracks: The EzLOMS websites directly gather the following required information when a person creates an account on our server:
- First and last name, UserID, Email address, Date of account creation.

The following information is gathered passively when users log in:

- Date and time of last log in.


The Software also allows the use of cookies, similar to an Internet browser. This allows any website to set cookies for you when you view any of the website's content through the Software, unless you have disabled cookies. If you have disabled cookies, some Ezloms services may not function properly.


The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By using the Software, you consent to the Software's communications features. Once you log into the Software, user information including your user id will be sent in communications with EzLOMS's servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalized services. EzLOMS' services may match the user id to personally identifiable information in order to provide you with products, services, and software that you're entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

The services offered by EzLOMS include the EzLOMS websites (the "EzLOMS Websites"), and any other features, content, or applications offered from time to time by EzLOMS.com and EzLOMS.org in connection with the EzLOMS Websites (collectively, the "EzLOMS Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the EzLOMS Services. By using the EzLOMS Services and EzLOMS websites (ezloms.com, ezloms.org), you agree to be bound by this Agreement, whether you are a "Student" or you are a "teacher". The term "Student" refers to student, as a member, registered in EzLOMS website through teachers, educators or instructors and you take the assignments posted by these teachers, educators, instructors or simply browse the EzLOMS Website. The term "teacher" refers to teacher, educator, instructor, as a member, registered in EzLOMS website through us or through the "main" teacher while sharing his account with other teachers. You are only authorized to use the EzLOMS Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the EzLOMS Website and discontinue use of the EzLOMS Services immediately. If you wish to become a Member, communicate with other Members and make use of the EzLOMS Services, you must read this Agreement and indicate your acceptance during the Registration process and/or during the Login process.

This Agreement includes EzLOMS.com's policy for acceptable use of the EzLOMS Services and Content posted on the EzLOMS Website, your rights, obligations and restrictions regarding your use of the EzLOMS Services and EzLOMS.com's Privacy Policy. In order to participate in certain EzLOMS Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EzLOMS Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us.

EzLOMS.com may modify this Agreement from time to time and such modification shall be effective upon posting by EzLOMS.com on the EzLOMS Website. You agree to be bound to any changes to this Agreement when you use the EzLOMS Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on EzLOMS.com and that you provide to other Users. Your EzLOMS.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other EzLOMS.com Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EzLOMS.com assumes no responsibility or liability for this material. If you become aware of misuse of the EzLOMS Services by any person, please contact us by sending us an email and by clicking on the contact link on EzLOMS website.

EzLOMS.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the EzLOMS Services at any time, for any or no reason, with or without prior notice, and without liability.

1.Eligibility. Use of and Membership in the EzLOMS Services is void where prohibited. By using the EzLOMS Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the EzLOMS Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

2.Term. This Agreement shall remain in full force and effect while you use the EzLOMS Services and/or are a Member. You may terminate your Membership at any time, for any reason, by contacting us or your teacher, educator or instructor. EzLOMS.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3.Fees. You acknowledge that EzLOMS.com reserves the right to charge for the EzLOMS Services and to change its fees from time to time in its discretion. If EzLOMS.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4.Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify EzLOMS.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5.Non-commercial Use by Members. The EzLOMS Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EzLOMS.com. Illegal and/or unauthorized use of the EzLOMS Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EzLOMS Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EzLOMS Services.

6.Proprietary Rights in Content on EzLOMS.com. EzLOMS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the EzLOMS Services. After posting your Content to the EzLOMS Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the EzLOMS Services, you hereby grant to EzLOMS.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the EzLOMS Services. Without this license, EzLOMS.com would be unable to provide the EzLOMS Services. For example, without the right to modify Member Content, EzLOMS.com would not be able to digitally compress sound files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, EzLOMS.com could not allow Users, Members, to listen to sound files posted by Members. The license you grant to EzLOMS.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to EzLOMS.com), fully-paid and royalty-free (meaning that EzLOMS.com is not required to pay you for the use on the EzLOMS Services of the Content that you post), sub licensable (so that EzLOMS.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the EzLOMS Services), and worldwide (because the Internet and the EzLOMS Services are global in reach). This license will terminate at the time you ask us to remove your Content from the EzLOMS Services. The license does not grant EzLOMS.com the right to sell your Content, nor does the license grant EzLOMS.com the right to distribute your Content outside of the EzLOMS Services.

-.You represent and warrant that: (i) you own the Content posted by you on or through the EzLOMS Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the EzLOMS Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the EzLOMS Services.

7.The EzLOMS Services contain Content of EzLOMS.com ("EzLOMS.com Content"). EzLOMS.com Content is protected by copyright and other laws, and EzLOMS.com owns and retains all rights in the EzLOMS.com Content and the EzLOMS Services. EzLOMS.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the EzLOMS.com Content (excluding any software code) solely for your personal use in connection with viewing the EzLOMS Website and using the EzLOMS Services.

8.The EzLOMS Services contain Content of Users and other EzLOMS.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the EzLOMS Services.

9.Content Posted. EzLOMS.com may delete any Content that in the sole judgment of EzLOMS.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EzLOMS.com assumes no responsibility for monitoring the EzLOMS Services for inappropriate Content or conduct. If at any time EzLOMS.com chooses, in its sole discretion, to monitor the EzLOMS Services, EzLOMS.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

10.You are solely responsible for the Content that you post on or through any of the EzLOMS Services, and any material or information that you transmit to other Members and for your interactions with other Users. EzLOMS.com does not endorse and has no control over the Content. You agree that EzLOMS.com is not responsible for the accuracy of the content posted, and will not be liable for any damages incurred as a result of the submission or use of any such content. Content is not necessarily reviewed by EzLOMS.com prior to posting and does not necessarily reflect the opinions or policies of EzLOMS.com. EzLOMS.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

11.Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EzLOMS Services. EzLOMS.com reserves the right to investigate and take appropriate legal action against anyone who, in EzLOMS.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the EzLOMS Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EzLOMS.com:

-.is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

-.harasses or advocates harassment of another person;

-.exploits people in a sexual or violent manner;

-.contains nudity, violence, or offensive subject matter or contains a link to an adult website;

-.solicits personal information from anyone under 18;

-.provides any telephone numbers, street addresses,

-.promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

-.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

-.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

-.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

-.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

-.solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

-.involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

-.includes a photograph of another person that you have posted without that person's consent; or

-.for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the EzLOMS Website and through your use of the EzLOMS Services. EzLOMS.com reserves the right to investigate and take appropriate legal action against anyone who, in EzLOMS.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

-. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

-. advertising to, or solicitation of, any Member to buy or sell any products or services through the EzLOMS Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the EzLOMS Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation,

-.any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the EzLOMS Services or the networks or services connected to the EzLOMS Services;

-.attempting to impersonate another Member or person;

-.for band profiles, copying the code and embedding it into other profiles or asking other Members to embed it into their profiles;

-.using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

-.selling or otherwise transferring your profile;

-.using any information obtained from the EzLOMS Services in order to harass, abuse, or harm another person;

-.displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the EzLOMS Services on behalf of that person, or

-.using the EzLOMS Services in a manner inconsistent with any and all applicable laws and regulations.

12.Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of EzLOMS.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to EzLOMS.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the EzLOMS Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EzLOMS Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Software Use, Storage and Access. EzLOMS.com shall have the right, in its sole discretion to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Software at any time, and (ii) the number of times (and the maximum duration for which) you may access the Software in a given period of time. EzLOMS.com reserves the right to make any such changes effective immediately to maintain the security of the system or to comply with any laws or regulations. You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute your acceptance of and agreement to such changes. EzLOMS.com may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. EzLOMS.com will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

14.Member Disputes. You are solely responsible for your interactions with other EzLOMS.com Members. EzLOMS.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

15.Privacy. Use of the EzLOMS Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

16.Disclaimers. EzLOMS.com is not responsible for any incorrect or inaccurate Content posted on the EzLOMS Website or in connection with the EzLOMS Services, whether caused by Users of the EzLOMS Services or by any of the equipment or programming associated with or utilized in the EzLOMS Services. Profiles created and posted by Members on the EzLOMS Website may contain links to other websites. EzLOMS.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EzLOMS.com. Inclusion of any linked website on the EzLOMS Services does not imply approval or endorsement of the linked website by EzLOMS.com. When you access these third-party sites, you do so at your own risk. EzLOMS.com takes no responsibility for third party advertisements which are posted on this EzLOMS Website or through the EzLOMS Services, nor does it take any responsibility for the goods or services provided by its advertisers. EzLOMS.com is not responsible for the conduct, whether online or offline, of any User of the EzLOMS Services. EzLOMS.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. EzLOMS.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the EzLOMS Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EzLOMS Services. Under no circumstances shall EzLOMS.com be responsible for any loss or damage, including personal injury or death, resulting from use of the EzLOMS Services, attendance at a EzLOMS.com event, from any Content posted on or through the EzLOMS Services, or from the conduct of any Users of the EzLOMS Services, whether online or offline. The EzLOMS Services are provided "AS-IS" and as available and EzLOMS.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EzLOMS.com does not warrant that the Software or services are secure or free from bugs, viruses, interruption, errors, identity theft, threat of hackers, other program limitations, or that the Software or services will meet your requirements. EzLOMS.com cannot guarantee and does not promise any specific results from use of the EzLOMS Services.

17.Limitation on Liability. IN NO EVENT SHALL EzLOMS.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EzLOMS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EzLOMS.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EzLOMS.com FOR THE EzLOMS SERVICES DURING THE TERM OF MEMBERSHIP.

18.U.S. Export Controls. Software available in connection with the EzLOMS Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the EzLOMS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

19.Disputes. If there is any dispute about or involving the EzLOMS Services, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts. Either we or you may demand that any dispute between us and you about or involving the EzLOMS Services must be settled by arbitration utilizing the dispute resolution procedures provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

20.Indemnity. You agree to indemnify and hold EzLOMS.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the EzLOMS Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the EzLOMS Website or through the EzLOMS Services causes EzLOMS.com to be liable to another.

21.Other. This Agreement is accepted upon your use of the EzLOMS Website or any of the EzLOMS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and EzLOMS.com regarding the use of the EzLOMS Services. The failure of EzLOMS.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed sever able from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

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Email: ezloms@ezloms.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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