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Terms of Service, Rights & Responsibilities

Last Update: 10/21/2021

 

View our Privacy Policy

 

  1. Sharing Your Content and Information – You have ownership of your content and information and how it is shared is dependent on your privacy settings.
    1. By publishing content covered by intellectual property rights, you grant us non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use this content.
    2. Any content you delete may still exist for a short period after you delete it on our server due to regularly backing up our website.
    3. When you publish content, depending on your privacy settings, may grant access to users of our services to access and use that information and to associate it with you. This includes others sharing information based on your privacy settings.
  2. Safety – By creating an account, you agree to the following commitments:
    1. You will not post unauthorized commercial communications.
    2. You will not collect member content or information based by automated means.
    3. You will not upload viruses or malicious code.
    4. You will not solicit login information.
    5. You will not access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any member.
    7. You will not post content that is considered hate speech, threatening, incites violence, or contains nudity.
    8. You will not use our services to do anything unlawful, misleading, malicious, or discriminatory.
    9. You will not do anything that could disable, overburden, or impair the proper working order or appearance of EVOCHQ.
    10. You will not facilitate or encourage any violations of this Statement or our policies.
  3. Registration and Account – By creating an account, you agree to the following commitments:
    1. You will not provide false information or create an account for anyone other than yourself without permission including your full name.
    2. You will not create more than one personal account.
      1. This includes creating an additional account if your personal account is disabled.
    3. You will not sell your status or timeline information for your own commercial gain (such as selling to an advertiser).
    4. You will not use our services is under the age of 13.
    5. You will not share your password, secret key or let anyone else access your account.
    6. You will not select a username, permalink or similar identifier for your account that is deemed inappropriate or infringes on trademarks or copyrights. We reserve the right to remove or reclaim it if it does.
  4. Protecting Other People’s Rights
    1. You will not post content or take action that infringes or violates someone else’s rights or otherwise violates the law.
    2. We can remove any content or information you post if we believe that it violates this Terms of Service.
    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or trademarks (including EVOCHQ, our seal or patch design) without prior written permission.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not EVOCHQ) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone's identification documents or sensitive financial information.
    8. You will not tag users or send email invitations to non-users without their consent.
  5. Amendments
    1. When EVOCHQ updates this Statement, members will be notified when this change takes place by e-mail and it will be announced on our website since you have the right to opt out of e-mails.
    2. We can make changes for legal or administrative reason, or to correct an inaccurate Statement, upon notice without opportunity for feedback.
    3. Your continued use of EVOCHQ following changes to our terms constitutes your acceptance of our amended terms.
  6. Termination
    1. If you violate this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
  7. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or EVOCHQ exclusively in a state or federal court located in New Hampshire. The laws of the State of New Hampshire will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New Hampshire for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on EVOCHQ, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on EVOCHQ and are not responsible for the content or information users transmit or share on EVOCHQ. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on EVOCHQ. We are not responsible for the conduct, whether online or offline, or any user of EVOCHQ.
    3. We try our best to keep EVOCHQ up and safe, but use our services at your own risk. We are providing EVOCHQ as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that EVOCHQ will always be safe, secure or error-free or that EVOCHQ will always function without disruptions, delays or imperfections.  EVOCHQ is not responsible for the actions, content, information, or data of third parties, and you release us, our sponsors, administrator, CSO’s, moderators, members, managers and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Statement or EVOCHQ, even if we have been advised of the possibility of such damages. EVOCHQ’s liability will be limited to the fullest extent permitted by applicable law.
  8. Special Provisions Applicable to Users Outside the United States (US)
    1. You consent to having your personal data transferred to and processed in the United States.
  9. Definitions
    1. By "EVOCHQ" we mean the features and services we make available, including through our website (including co-branded websites such as sub-domains, international versions, widgets, and mobile versions), our social plugins such as the Like button, the Share button and other similar offerings and other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including website operators, to retrieve data from EVOCHQ or provide data to us.
    3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with EVOCHQ.
    4. By "content" we mean anything you or other users post on EVOCHQ that would not be included in the definition of information.
    5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from EVOCHQ or provide to EVOCHQ through Platform.
    6. By "post" we mean post on EVOCHQ or otherwise make available by using EVOCHQ.
    7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By “user” we mean both members and guests who use EVOCHQ
    9. By "active registered user" we mean a user who has logged into EVOCHQ at least once in the previous 30 days.
    10. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  10. Other
    1. This Statement makes up the entire agreement between the parties regarding EVOCHQ and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Statement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.
    9. We reserve all rights not expressly granted to you.
    10. You will comply with all applicable laws when using or accessing EVOCHQ.
    11. We appreciate feedback and suggestions regarding our website and the services it provides. Understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
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