Terms of Service
Thanks for choosing Evorve. Before using our service, please take a moment to carefully review these Terms of Service.
By using Evorve website, you have signify your agreement to our Terms of Service. These Terms of Service constitute a legally binding contract between you and Evorve and you are encouraged to contact your own attorney and at your own expense if you do not understand anything contained herein. If you do not agree with any portion of these Terms of Service, please leave Evorve immediately.
2. Description of Service and Content Policy
As a commitment to our users, the services Evorve provided includes a rich collection of online resources. These include, but are not limited to, various tools for uploading, downloading, viewing, hearing, and sharing video and audio contents.
You understand and agree that Evorve is not responsible for video or audio uploaded on our website, directory information, business listings or information, messages between users, including without limitation emails or chats or other means of electronic communication, whether through the website or another third party website or offerings, comments, user postings, files, images, or any other material made available through the Website and the Service, and that by using the Website and the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Our website and service are intended solely for access and use by consenting adults who are 18 years of age or older. By viewing, using, registering or subscribing to the Website, you represent and warrant the following:
That you have the right, authority and capacity to enter freely into these Terms of Service;
That you choose to access the Website and Service freely, in order to upload videos and audio, post comments, view, read, or hear the content available for your own personal gains;
That you will abide by these Terms of Service;
That you will not use or view the Website in a place where doing so would or could be considered a violation of any law or regulation, rule, ordinance, edict, custom or community standard;
If you are merely surfing or browsing through the Website, your use of the Website is still subject to these Terms of Service; if you do not agree to these Terms of Service, then do not use the Service and leave the Website immediately.
For the benefit of the entire Evorve, and to comply with applicable law, we have a few mandatory guidelines for our users. Evorve reserves the right to change or discontinue, temporarily or permanently, your access to the service in whole or part in response to any conduct that we determine to have violated these Terms of Service. While Evorve does not pre-screen video and audio contents uploaded by users of the website, nor do we pre-screen communications sent via the Service, we reserve the right to remove or edit any content that, in our sole judgment, is found to violate these Terms of Service. For this reason, we ask that you carefully read and fully understand these Terms of Service.
Provide Accurate Information - You agree to provide true, accurate, current, and complete information about yourself as requested by the Website. Accurate records help us create better website and provide us with opportunities to identify new services or products that may interest you.
Guard Your Password - You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account. Use of an account on multiple computers simultaneously is not permitted. Please notify Evorve immediately of any unauthorized use of your password or account or any other breach of security.
Obey the Law - You agree not to use the Service for any illegal purpose, or for the transmission, posting or uploading of any digital information including, but not limited to, text, images, graphics, and audio/video/audio-video recordings that is unlawful, pornogrphy, harassing, libelous, abusive, threatening or obscene or that constitutes an infringement/invasion of the rights of privacy or publicity of any individual or entity.
Respect Intellectual Property and Copyright - You agree not to use the Service to post, upload, display, or disseminate any content that infringes on the copyright of any other individual, entity, or interest. You warrant that for any content you post, upload, display or disseminate, you own the content uploaded by you or you have been given the absolute right by the owner to do so on or through the Service.
Impersonation - You agree that you will not impersonate any other user of the Service by any means (for example, but not limited to, including fraudulent or misleading statements in your video or audio, or sending communications containing claims or statements intended to misrepresent your identity). You will not, by any means available on the Service, attempt to impersonate or claim that you are in any way associated with or responsible for or to Evorve or affiliates of Evorve.
Disclosure of Personal Information in Public Sections of the Website - You agree to avoid any communication including, in whole or in part, any personally identifiable information (including, but not limited to, bank account information, credit card details, or physical addresses) on public areas of the Website (including, but not limited to, adverts, comments, chat streams, images, graphics and audio/video/audio-video recordings).
5. Rights You Grant Us
Advertising by Evorve - Though Evorve is a free platform where users can post or upload their video and audio contents, we still relies on paid adverts to help us fund offered services. In order to continue the Service, you agree that Evorve may display paid advertisements and promotions of all kinds in and with the Service.
Account Access - In order to ensure that Evorve is able to provide high-quality services that are responsive to users' needs, you agree that Evorve employees have access to your account and records as reasonably needed to investigate account issues.
Monitoring of Content - Evorve assumes no responsibility for monitoring the Website or the Service for inappropriate content (including, but not limited to, content that may infringe on the copyright of any individual or entity) or conduct. If at any time we choose, in our sole and absolute discretion, to monitor the Service, Evorve assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting such content.
Termination of Access to Service - We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Service at any time for any reason, with or without notice, including but not limited to, breach of these Terms and Service. Any fraudulent, abusive, obscene, or otherwise illegal activity on the Service, as well as any activity that may affect the use of the service by other users, may be grounds for the suspension or termination of all or part of the Service in our sole and absolute discretion. In cases of inappropriate, fraudulent, or illegal use of the Service, you may be referred to appropriate law enforcement services.
Contact and Communications with Other Users - You warrant and affirm that you understand and agree that all data in your Evorve account and all other data regarding your use of the Service will be used in and in association with the service's features, including but not limited to, providing introductions to other users, details for the new or featured section, and searchable information for use by other users of the Service.
No Actions Resulting From Registration In "No Contact" Registries - You hereby agree that you will not bring any action against Evorve, any Website content providers, any of the Website's affiliates or any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact information with any governmental "do not email or contact" registry. You agree to indemnify Evorve, our affiliates and any of the aforementioned parties' principals, employees and agents for any and all expenses and damages that result from any and all breaches of this section and for any actions against Evorve for sending you email that you requested or authorized Evorve, any Website content providers or any of the Website's affiliates to send.
Merger or Acquisition - In order to ensure a smooth transition of the Service in the event of a merger, acquisition, reorganization, sale of any portion of its assets or the sale of an individual Website owned by Evorve, we may transfer your personally identifiable information to a third party as a part of such merger, acquisition, reorganization or sale.
Integrated Databases - Your information or contents may be searchable by, and you may be able to search for, the information or contents of, users registered to other websites operated or "powered by" Evorve (e.g. co-branded, privately labeled, etc.). This feature may allow you to interact with additional affiliates of Evorve.
6.Third Party Services
The Website may contain (or you may be sent through the Website or the Service) links to other Websites ("Third Party Websites") as well as text, images, graphics, and audio/video/audio-video recordings, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by Evorve, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content available through the Website. When using any services offered by a third party via our Website, you will be subject to terms posted by these third party service providers. Also, by accepting third party offers, you will be subject to terms posted by these third parties. Accepting these offers signifies your agreement to those additional terms.
7. Limitations of Liability
You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with these Terms of Service or the Service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms of Service and the Service will not exceed the total fees paid by you under these Terms of Service.
Disclaimer of Warranties - You expressly understand and agree that your use of the Website is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Evorve and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability - You agree that the Website will not be liable for any harms, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if the Website has been advised of the possibility of such damages.
Indemnification - You agree to protect and fully compensate the Website, and our principals, employees and agents, our service providers, billers and affiliates from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys fees) arising from your use of the Website, your violation of these Terms of Service, your provision of content to the Service, or your infringement or infringement by any other user of your account, of any intellectual property or other right of anyone.
Release of Liability - You hereby release Evorve and its principals, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the content and all other information, messages, communication or other materials you may receive from the Evorve, Website affiliates, Website Content Providers, or other users of the Website.
No Endorsement of Website Content or User Behavior - You agree and understand that Evorve is not responsible for any incorrect or inaccurate content posted or uploaded on the Website or transmitted via the Service, whether caused by users of the Service, third party providers, third party advertisers, or by any of the equipment or programming associated with or utilized in the Website.
Non-Waiver - You acknowledge and agree that the failure of Evorve, its assignees or its successors, or any of the Website Content Providers or Website affiliates and their successors or assigns, to enforce any of the specific provisions of these Terms of Service shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other rights.
Refund Policy - Requests for refunds are taken very seriously and will be carefully reviewed and considered. On issuing a refund, Evorve reserves the right to add the customer to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our services.
You shall not, under any circumstances, have the right to transfer or assign your license to use the Website or any license(s) to use any content you might obtain in association with the Website. You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or Service are for your individual use only. You must keep passwords issued by Evorve and/or Website affiliates strictly confidential, and you hereby agree to do so. If you use a password that Evorve considers to be insecure, we reserve the right to require the password to be changed and/or terminate your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other individual or entity is strictly forbidden.
9. Governing Law and Severability
Except as otherwise expressly stated in these Terms of Service, all matters relating to your access to, or use of, the Website shall be governed by the law without regard to its conflict of laws provisions and any disputes arising out of these Terms of Service will be subject to the exclusive jurisdiction of an appropriate court. If any provision of these Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
10. Non-Waiver of Rights
Evorve's rights under these Terms of Service may not be waived unless Evorve agrees to such change in writing. These Terms of Service are personal to you and you may assign, transfer or delegate these Terms of Service only with Evorve's prior written approval. Any other attempt to assign, transfer or delegate these Terms of Service shall be null and void.
Please contact us with any questions regarding these Terms of Service. These Terms of Service represent the entire understanding between you and Evorve.