Evolution Media Holdings, LLC
This Agreement applies to all uses of any website owned and operated by Evolution Media Holdings, LLC, including, but not limited to, posting of information to Evolution web pages, participating in chat rooms or in threaded discussions, or using e-mail or other features offered on Evolution web pages. Evolution may restrict, suspend, or revoke your registration or ability to access or use this Site or any other Evolution website, with or without prior notice, if you violate the Agreement.
2. Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice (including both written and online notices) from Evolution. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the site is for your use as described in the Agreement, and Evolution does not grant you any express or implied right to access or use the Site for any other purposes.
3. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site (collectively, the Site “Content”), and the selection, coordination, and arrangement of such Content, are owned by Evolution or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content and comply with the United States Copyright Act and all international copyright laws. Any reproduction, copying, modifying, redistributing, displaying, performing, or transmitting of the Content for commercial purposes is strictly prohibited without Evolution’s prior written consent. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Evolution is prohibited.
Requests for prior written consent regarding the commercial use of any Content should be e-mailed to firstname.lastname@example.org
or addressed to:
Evolution Media Holdings Group, LLC
Attention: Evolution InteractiveDepartment
701 Gervais Street, Suite 150-190
Columbia, South Carolina 29201
4. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Evolution or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Evolution or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Evolution or any third party.
If any place on the Site asks you to register, you agree to provide accurate, current, and complete information about yourself as prompted in the registration form, and to maintain and promptly update this information. Evolution has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.
You are responsible for maintaining the confidentiality of any password and username you are given or that you select to access the Site, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Evolution if you become aware of any unauthorized use of your password or username or any other breach of security.
8. User Content and Communications
This Site may offer features that allow users to post content on the Site and communicate with others. To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by Evolution (collectively “User Submissions’), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions. You are also solely responsible for your reliance on any communications or information found on the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In connection with any such User Submissions, you agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Site that:
(a) is copyrighted, unless you are the copyright owner;
(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d) contains falsehoods or misrepresentations that could damage Evolution (its successors and assigns) or any third party;
(e) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by Evolution, in its sole discretion;
(f) is illegal or otherwise objectionable;
(g) includes, promotes, or refers to chain letters or pyramid schemes or to surveys and contests that are not sponsored by Evolution.
You understand that Evolution does not guarantee that it will publish or maintain your User Submissions on the Site. Evolution may remove, reject, review, or revise User Submissions at any time, without prior notice and at its sole discretion. Evolution does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate, or store on the Site or that Evolution otherwise may receive from you.
Evolution does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to Evolution, you agree to and hereby grant Evolution (its successors and assigns), and the operators of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license and right (including any moral rights) to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, translate, and display such User Submissions on or in connection with the Site and for such other purposes as Evolution (its successors and assigns) may deem appropriate, in all technological or media formats and channels now known or later developed. No compensation will be paid with respect to the use of your posting. Evolution is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions.
9. Prohibited Uses Generally
By using the Site, you agree not to:
(a) use any incomplete, false, or inaccurate biographical information or other information or allow any other person or entity to use your identification information for purposes of registering as a user of the Site, or for purposes of registering for any promotions, contests or surveys offered through the Site;
(b) delete or revise any material or other information of any other user, Evolution, or any third party;
(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(e) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);
(g) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(h) post advertisements or solicitations of business other than those explicitly approved by Evolution;
(i) solicit Evolution users and others to join outside sites or online services or organizations other than through official, approved advertisements;
(j) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges; or
(k) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Evolution, exposes Evolution or any of its customers or suppliers to any liability or detriment of any type.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Site;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. In accordance with the Agreement, Evolution may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
10. Third-Party Advertisements, Content, and Links
The Site may contain advertisements for or information about third-party products and services (“Third-Party Materials”), as well as third-party owned content and links to other websites (“Linked Sites”). Evolution does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Materials or Linked Sites, and may not be held liable for any Third-Party Materials or Linked Sites advertised, promoted, or otherwise referred to on this Site. In addition, Third-Party Materials and Linked Sites are not under the control of Evolution, and Evolution is not responsible for the content or privacy practices of those third parties or the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. Evolution is providing Third-Party Materials and Linked Sites to you as a convenience, and their inclusion in the Site is not an endorsement by Evolution in favor of any third party or any third-party products or services.
If you choose to contact, purchase any products or services from, or otherwise engage with a third party, your relationship is directly with the third party. Evolution has no control over and makes no representations or warranties with respect to any Third-Party Materials or Linked Sites, including any of the items advertised on this Site. Evolution does not control or guarantee the safety, quality, integrity, or accuracy of any advertisements on the Site or of any of the items advertised; the rights and ability of sellers to advertise or sell items; the rights and ability of buyers to purchase items; or anything else related to any transaction between buyer and seller with respect to materials advertised or promoted on the Site. Evolution is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
11. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Evolution’s Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that Evolution may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Evolution’s Copyright Agent for notice of claims of copyright infringement on the Site is Evolution Interactive, who can be reached as follows:
Evolution Interactive Services
Evolution Media Holdings, LLC
702 Gervais St. Suite 150-190
Columbia, SC 29202
Evolution will remove any content which infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Unless you are subsequently advised otherwise by Evolution, you are hereby licensed to create hyperlinks to the content on the Site, provided the hyperlink accurately describes the content as it appears on the Site. Evolution reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an Internet Service Provider’s incidental caching of pages. Each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.
13. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS.” EVOLUTION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. EVOLUTION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVOLUTION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY EVOLUTION, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EVOLUTION OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. EVOLUTION MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND EVOLUTION DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
14. Limitation of Liability
IN NO EVENT WILL Evolution OR ITS AFFILIATES, or any party involved in creating, producing, or delivering the SITE be liable for any direct, incidental, consequential, indirect, SPECIAL, or punitive damages arising out of your access, use, MISUSE, or inability to use the SITE or any LINKED sites, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, Omission, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. Evolution reserves the right to alter the content of the site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE EVOLUTION FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Evolution has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Evolution’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless Evolution and third parties who contribute to the site from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of the Agreement.
16. Choice of Law and Forum
This Agreement is subject to the laws of the State of South Carolina, excluding its conflict of law rules. You agree that any claim or dispute against Evolution arising out of or relating to the use of this Site must be resolved by a court located in South Carolina unless agreed upon by both parties.
17. Severability and Integration
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Evolution and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Evolution. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18. No Waiver
The failure of Evolution to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
19. No Professional Advice
Any information supplied by any employee or agent of Evolution, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute legal, tax, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Evolution reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolution as a result of this Agreement or your access to and use of the Site.
A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement is in derogation of Evolution’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Evolution with respect to such use.
If you have questions or comments concerning the Agreement, you may contact Evolution at:
Evolution Media Holdings , LLC
702 Gervais St. Suite 150-190
Columbia, SC 29202
Copyright © 2012 Evolution Media Holdings Group, LLC. All rights reserved.