Agreement Between User and www.evouniverse.com
Welcome to www.evouniverse.com. The www.evouniverse.com website (the "Site") is comprised of various web pages operated by EVO Universe ("EVO"). www.evouniverse.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.evouniverse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.evouniverse.com is a multi-media and ecommerce Site
The purpose of www.evouniverse.com is to share information regarding the literary works and other projects created by EVO Universe. The site is also used to sell books and merchandise created by EVO Universe.
Visiting www.evouniverse.com or sending emails to EVO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
EVO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.evouniverse.com only with permission of a parent or guardian.
All purchases of literary works (electronic, paperback and/or audiobook formats) are final – no refunds will be administered.
Refunds are granted for all apparel, action figures and EVO branded merchandise that is returned within 15 days of purchase if it has not been worn, damaged and the tags have not been removed.
Links to Third Party Sites/Third Party Services
www.evouniverse.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EVO and EVO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EVO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EVO of the site or any association with its operators.
Certain services made available via www.evouniverse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.evouniverse.com domain, you hereby acknowledge and consent that EVO may share such information and data with any third party with whom EVO has a contractual relationship to provide the requested product, service or functionality on behalf of www.evouniverse.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EVO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EVO content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EVO and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EVO or our licensors except as expressly authorized by these Terms.
Ownership of Copyright
The copyright in this site and all materials enclosed (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by EVO Universe, Kipjo K. Ewers.
The automated and/or systematic collection of data from this website is prohibited.
All rights are reserved by EVO and Kipjo K. Ewers. You may request permission to use the copywritten materials on this website by writing to email@example.com.
Enforcement of Copyright
EVO Universe takes the protection of its copyright very seriously.
If EVO Universe discovers that you have used its copyright materials in contravention of the license above, EVO Universe may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of EVO Universe’s copyright materials that contravenes or may contravene the license above, please report this by email to firstname.lastname@example.org.
The Service is controlled, operated and administered by EVO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EVO Content accessed through www.evouniverse.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless EVO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EVO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EVO in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVO UNIVERSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EVO UNIVERSE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVO UNIVERSE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EVO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EVO as a result of this agreement or use of the Site. EVO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EVO'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 EVO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EVO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EVO with respect to the Site. A printed version of this 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
EVO reserves the right, in its sole discretion, to change the Terms under which www.evouniverse.com is offered. The most current version of the Terms will supersede all previous versions. EVO encourages you to periodically review the Terms to stay informed of our updates.
EVO welcomes your questions or comments regarding the Terms:
Effective as of October 10, 2015
Collection of your Personal Information
EVO may collect personally identifiable information, such as your name. EVO may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by EVO. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the EVO website.
EVO encourages you to review the privacy statements of websites you choose to link to from EVO so that you can understand how those websites collect, use and share your information. EVO is not responsible for the privacy statements or other content on websites outside of the EVO website.
Use of your Personal Information
EVO collects and uses your personal information to operate its website(s) and deliver the services you have requested.
EVO may also use your personally identifiable information to inform you of other products or services available from EVO and its affiliates. EVO may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
EVO does not sell, rent or lease its customer lists to third parties.
EVO may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to EVO, and they are required to maintain the confidentiality of your information.
EVO may keep track of the websites and pages our users visit within EVO, in order to determine what EVO services are the most popular. This data is used to deliver customized content and advertising within EVO to customers whose behavior indicates that they are interested in a particular subject area.
EVO will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on EVO or the site; (b) protect and defend the rights or property of EVO; and, (c) act under exigent circumstances to protect the personal safety of users of EVO, or the public.
Security of your Personal Information
EVO secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Our site and store are hosted on Wix.com. Wix provides EVO with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Wix.com’s data storage, databases and the general Wix.com
application. Wix stores your data on a secure server behind a firewall. Personal data related to purchases of EVO merchandise, including credit card information and physical addresses, are not saved by EVO. All transactions are processed through Wix.com and a third party payment processing service – i.e. PayPal, not EVO.
EVO is only for people over 18 years of age. EVO does not knowingly collect personally identifiable information from anyone under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from EVO by contacting us here:
- Web page: www.evouniverse.com/contact
- Email: email@example.com
Changes to this Statement
EVO will occasionally update this Statement of Privacy to reflect company and customer feedback. EVO encourages you to periodically review this Statement to be informed of how EVO is protecting your information.
EVO welcomes your questions or comments regarding this Statement of Privacy. If you believe that EVO has not adhered to this Statement, please contact EVO at:
Effective as of October 10, 2015