Welcome to Evo Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Evo.
1. Accepting the Terms of Service
Please read these Terms of Service carefully before using Evo Application (the "App") and/or websites, products, applications, services, content provided by Evo. (all of those collectively with the App, the "Services").
By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
Evo’s Services cannot be provided and the terms of this Agreement cannot be performed without Evo processing information about you and other users. Processing of the information you share with Evo is essential to the Services which we provide and which you expect, including personalized Content, and is a necessary part of our performance of the agreement we have with you.
2. Modifications to this Agreement
Evo reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed.
Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
3. Use of the Services
You may not use the Services, provide any personal information to Evo, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age.
The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data). You may only use the Services if you can form a binding contract with Evo and are not legally prohibited from using the Services.
Service Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. Evo retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice.
Evo may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Evo may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content (as defined below). Evo may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services:
(a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Evo and/or its service providers;
(b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Evo (and only pursuant to those terms and conditions);
(d) scrape the Services, and particularly scrape Content (as defined below) from the Services;
(e) use the Services to send altered, deceptive, or false source-identifying information;
(f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
4. Registration and Security
As a condition to using certain Services and in order for us to provide them to you, you may be required to create an account (an " Account"), provide your age, your mobile phone number, and an email address and select a password and username.
You agree to provide Evo with accurate, complete, and updated registration information, particularly your email address and your mobile phone number.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Evo immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Privacy
For information about how Evo collects, uses, and shares your information, please review our Privacy Policy . By using the Services you agree you have read the Privacy Policy, which describes our collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to countries for storage, processing, and use by Evo and the Evo Affiliates.
6. Content and Subscriber Content
Definitions:
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, images, illustrations, animations, logos, tools, posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term " Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Evo and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
Subscriber Content License to Evo:
When you provide Subscriber Content to Evo through the Services, you grant Evo a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content.
The rights you grant in this license are for the limited purposes of allowing Evo to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Evo a right to make substantive editorial changes or derivations, but which allows Evo Subscribers to redistribute Subscriber Content from one to another.
You also agree that this license includes the right for Evo to make all publicly-posted Content available to third parties selected by Evo, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Evo’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Content License to You:
As a Subscriber of the Services, Evo grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services.
Compliance with Community Guidelines:
You agree that you won't violate Evo's Community Guidelines.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Evo shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it and, if required by the applicable Privacy Policy, delete your Account data and / or Subscriber Content unless permitted or required to keep this data in accordance with law; however, you acknowledge and agree that: (a) deleted Subscriber Content may persist in caches or backups for a reasonable period of time and(b) copies of or references to the Subscriber Content may not be entirely removed.
7. Use of Trademarks
Any use of Evo's trademarks, branding, logos, and other such assets in connection with the Services shall use Evo’s approved branding and shall be in accordance with the Evo Trademark Guidelines.
8. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Evo makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will
(a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data,
(b) meet your requirements or expectations,
(c) be free from errors or that defects will be corrected,
(d) be free of viruses or other harmful components; or(e) be entirely secure or that the information you share with us will be secure.
Evo also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Evo or through the Services, will create any warranty not expressly made herein.
9. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Evo must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Evo and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Evo (the “Evo Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Subscribers, including those between you and other Subscribers:
The acts of third parties generally (i.e., individuals or entities who are not Evo or a Evo Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party:
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to Evo at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, Evo does not sponsor, oversee, or in any manner control Meetups.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVO AND THE EVO AFFILIATES SHALL NOT BE LIABLE FOR:
(A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
(D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR
(E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EVO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Evo AND THE Evo AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
11. Termination
Either party may terminate this Agreement at any time by notifying the other party. Evo may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Evo may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Evo or any third party and shall not relieve you of your rights if you are a user in the European Economic Area which are described in the Privacy Policy.
12.Choice of Law and Venue
You and Evo agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Evo otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the United Arab Emirates (U.A.E.) as they apply to agreements entered into and to be performed entirely within U.A.E. between U.A.E. Residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Evo must be resolved exclusively by a court located in Dubai, U.A.E. except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dubai, U.A.E. for the purpose of litigating all such claims or disputes.
13. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and Evo with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Evo's prior written consent. Evo may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Evo in any respect whatsoever. Any notice to Evo that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to
Evo, P.O. Box 34460, Dubai, U.A.E.
Attn: Praveesh Hassan
14. DMCA Copyright Policy
Evo has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Evo's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Identification of the work or material being infringed:
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Evo is capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content.
After removing material pursuant to a valid DMCA notice, Evo will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Evo will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Evo by providing the following information to the Designated Agent at the address below:
The specific material that Evo has removed or to which Evo has disabled access.Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.
Upon receipt of a valid counter-notification, Evo will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Evo does not receive any such notification within ten (10) days, we may restore the material to the Services.