You must be at least 18 years old to use the Site or the Services. The Site and Services are intended for use only by individuals located in the United States of America. To use our application your device may need to meet certain minimum specifications. Please see our application’s product page in the applicable application store for more information on device requirements.
2. ADDITIONAL TERMS
Your use of certain Services or participation in sweepstakes, contests, or promotions (collectively, “Promotions”) may be subject to additional terms and conditions or rules (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read before you use that Service or participate in the Promotion. By using such Services or participating in such Promotion, you agree to the Additional Terms.
3. PASSWORD AND ACCOUNT SECURITY
You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane, or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.
If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to view Evol News or for any other purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
4. USE OF THE SITE AND SERVICES
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Evol News, our goal is to create a positive and safe community experience. By posting, transmitting, or submitting any information or communication through the Site or Services (“User Content”), you agree that you are solely responsible for the content and consequences of such User Content. To promote this goal, we prohibit certain kinds of conduct and User Content that may be harmful to other users or to us. When you use the Site or Services or submit User Content, you may not:
- use the Site or the Services other than for personal, non-commercial purposes;
- copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any content you access on the Site or the Services, other than as expressly permitted;
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- submit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, derogatory, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, surveys, contests, chain letters, repetitive posts, and other spam communications;
- transmit any malicious or unsolicited software;
- stalk, harass, harm, embarrass, or threaten another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
- use any means to harvest or otherwise collect or state personal information of other users;
- communicate the address, email address, or phone number of another person without prior consent;
- use automated methods to use the Site or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Site;
- access or view the Site in order to build a similar or competitive website, product or service to the Site or the Services; or
- interfere with or disrupt the Site or Services.
We reserve the right (but are not obligated) to, without limitation and in our sole discretion:
- record communications through the Site or Services;
- investigate any alleged violations of our Terms;
- monitor, edit, disclose, or remove any User Content that, in our sole discretion, violates these Terms; or
- disclose any user content or communication to law enforcement or to satisfy any law, regulation, or governmental request.
Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. Please check with your Internet provider for information regarding your Internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.
5. ACCURACY OF DATA
We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site or Services. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.
We own or license the content on the Site and Services, including software, text, visual and audio content (“Content”), Evol News trademarks, trade names, logos, and brand elements (“Evol News Marks”) and the trademarks, trade names, logos and brand elements of third-party goods and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, Evol News Marks, and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Evol News Marks, Third-Party Marks, articles, or Content from the Site, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view, and use the Site and Services solely for personal and non-commercial use. The Site and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site or Services at any time.
If you choose to promote the Site or Services to the public, including via your own personal social networks and social media, you agree that you will comply with the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertisement available from the FTC.
We always welcome and appreciate your feedback and suggestions about Evol News. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgment of or compensation to you.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a 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;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Please send all of the above-enumerated information via mail or email to the following copyright agent:
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
11. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES
We enhance and update the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. If we change or discontinue a Service for which you have an active paid subscription and the change/discontinuation will impact your auto-renewal of the Service (such as if we increase the price of a Service or discontinue and transition customers from one Service to another in a manner that may disadvantage the customers), we will send a notice to you at the email address we have on file at least 30 days before the change is effective. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site or Services.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, at our sole discretion. If you violate any of the Terms, as determined by us in our sole discretion, your permission to use the Site and Services automatically terminates and you will not receive a refund.
13. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Evol News AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, Evol News AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. Evol News AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, Evol News AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED FOR SALE ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Evol News NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Evol News may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Evol News’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless Evol News and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.
15. DISPUTE RESOLUTION
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York, New York, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. Without limiting the foregoing, any lawsuit filed relating to these Terms, the Site, Services, or your relationship with us, must be filed in the state or federal courts sitting in New York, New York and you agree to irrevocably submit to the exclusive personal jurisdiction of such courts.
16. OTHER PROVISIONS
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes beyond our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. It is the parties’ intention that the court or arbitrator modify such invalid provision to give it the fullest effect permissible under applicable law.
Our failure to enforce any right or provision of these Terms will not act as a waiver of such right or provision and will not prevent us from enforcing such right or provision or any other right or provision in the future.
These Terms, and any rights and licenses granted to you hereunder, may not be transferred or assigned by you without our written permission. We may assign or transfer our rights, licenses, and obligations under these Terms without restriction, including without limitation in connection with a merger, acquisition, a sale of assets or by operation of law.
17. CHANGES TO THESE TERMS
We may, in our sole discretion, modify the Terms from time to time. If a change is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.
18. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Site is Evol News. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact us via email at email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 1 (800) 952-5210.