5. CONTENT a) RESPONSIBILITY FOR YOUR USER-GENERATED CONTENT Certain of the Services may permit you to use your Everydayseniorliving account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). User-Generated Content expressly excludes any Personal Information and/or confidential information that you provide to Everydayseniorliving during the Everydayseniorliving Account registration process in Section 4 above. You agree that you will only post User-Generated Content that you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Services, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Services from your Everydayseniorliving Account, and acknowledge and agree that your User-Generated Content cannot always be withdrawn. Everydayseniorliving reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. Everydayseniorliving reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. Everydayseniorliving reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with these Terms and any other rules, policies or regulations as may be promulgated by Everydayseniorliving from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over Everydayseniorliving. BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY Everydayseniorliving. EXCEPT FOR Everydayseniorliving ACCOUNTS CREATED PURSUANT TO SECTION 4 ABOVE, Everydayseniorliving CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL. b) CONTENT GUIDELINES Everydayseniorliving has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following: Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech) References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.) Reviews submitted by the reviewed business’ employees (past or present) or competitors, as determined by Everydayseniorliving Reviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., “this place is great!”), as determined by Everydayseniorliving in its sole discretion. Content commenting on other users or violating the privacy of other users, as determined by Everydayseniorliving, in its sole discretion Content that contains personal attacks or describes physical confrontations and/or sexual harassment References to excessive damage caused by business or service to person or property Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses Messages that are advertising or commercial in nature, amount to spam, or are otherwise inappropriate based on the applicable subject matter Language that violates the standards of good taste or the standards of this website, as determined by Everydayseniorliving in its sole discretion Content determined by Everydayseniorliving to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information Content that otherwise violates these Terms, or any Service-Specific Rules, or that may harm or threaten the safety of other users of the Services Content that is false or intentionally misleading Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect the views of Everydayseniorliving or any Everydayseniorliving Parties. Everydayseniorliving does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, Everydayseniorliving assumes and shall have no liability for any action or failure to act on the part of Everydayseniorliving. We are under no obligation to enforce the Terms on your behalf or against another user.
