As applied to this website (www.evounce.com) (the "Site"), and as updated from time to time, these terms (the “Agreement”) constitute a contract between you and us and govern your use of the Site at all times. When you access and/or use the Site, you agree to all the terms and conditions of this Agreement. As used in this Agreement, "Evounce," "we," "us," and "our" shall mean Evounce LLC. Evounce provides an online technology platform and mobile application that connects event Planners with local service providers (the "Platform"). Through the Platform, Planners may rent space, order catering, or other entertainment services delivered to them from particular vendors (“Vendors”), sometimes herein referred to as Vendors or Hosts, in cities throughout the United States and other territories where Evounce provides such services. For clarification, this agreement applies to Planners–you who are planning an event, Vendors for providing food and event services, as well as Hosts for providing limited use of space. Vendors and Hosts are used interchangeably herein, unless qualified by “only Hosts” or “only Vendors.”
The Vendors and Hosts available on our Site operate independently and have entered into this agreements with us to provide the services available to you on the Sit, and are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to providing their services or spaces; Evounce is not responsible for the Vendors’ products, services, or Hosts’ spaces and does not verify any vendor’s or Host’s compliance with applicable laws. Evounce does not guarantee the services provided by any vendor or space provider. Evounce does not independently verify representations made by vendors regarding their products, services, or spaces.
If you are a minor you are prohibited from using the Site. You may only use the Site if you are an authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
To use this Site, you (hereinafter, “you” or “Planner”) must register and/or create an account ("Account"), by creating a username and password and provide certain information. In consideration of the use of the Site's services, you agree to: (a) provide true, accurate, current and complete information about yourself as directed by the registration form, and (b) maintain and update the personal information you provide to keep it true, accurate, current and complete. By providing any information that is untrue, inaccurate, not current or incomplete, including having an invalid or expired payment method on file, or Evounce has reasonable grounds to suspect such, Evounce has the right to block your use of the Site and/or terminate this Agreement.
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Evounce of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) exit from your Account at the end of each session. Evounce will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
OTHER MONEY ISSUES
FEES AND TAXES. (a) Fees and Deposits. You hereby acknowledge your responsibility for payment of fees, expenses, and other amounts related to your event (“Fees”). Fees include amounts paid to Evounce, Hosts, and Vendors and as described herein. Evounce receives Fees for providing use of the Site and associated services, Hosts and Vendors receive Fees for Bookings. The specific Fees charged are presented when you complete, update, or cancel a Booking. Please review all Fees on the Evounce Service Scope of Work before completing a Booking to make sure you understand the Fees for the Booking, including our Cancellation and Refund Policy. While we may facilitate the collection of Fees and Deposits for Hosts or Vendors, once remitted to Hosts or Vendors, we are not responsible for the return of Fees or Deposits to Guests, where applicable.
BOOKING. A Booking provides limited use of a Vendor’s service or Space as described in the Listing and Evounce Project Scope of Work, if applicable. If you use a Space or Vendor Service beyond the Booking you will be responsible for payment of additional Fees (“Additional Fees”). We may calculate the Additional Fees based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments) or other costs associated with your exceeding the permitted usage of the Booking (for example, exceeding the number of Event attendees). You are solely responsible for any damage done to the Space or the Amenities by anyone attending or working at your Event. Planners must notify us within 3 days of a Guest exceeding the permitted use of the Space and specifically request payment of Additional Fees.
Certain Bookings may require you to provide a portion of prepaid Fees or a refundable amount (“Deposit”) in advance. All Fees and Deposits, as applicable, will be identified prior to completing your Booking. If held by Evounce, at our option, Deposits may be credited to your Booking or returned when the Space is returned in acceptable condition and free of any material damage.
TAXES AND FINES. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Spaces or Vendor Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Evounce will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Space, or providing or using Vendor Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If a taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Evounce for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Platform, Services, Space, or Vendor Services (collectively, “Fines”). You understand and agree that Evounce does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advices to consult with your tax advisor for any required advice or guidance regarding Taxes.
PAYMENT. You will timely and fully pay any Fees, Deposits, Taxes, Fines, or other amounts you owe under this Agreement. If owed and we are unable to receive payment through the Site for any reason, we may require that you pay through other means (such as direct debit, wire transfer, or cashiers’ check). If necessary, we may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of ten percent (10%) per month until delinquency is resolved.
RECEIVING PAYMENT. Stripe (www.stripe.com) provides acceptance and payment of funds between users or Evounce on the Platform (“Payment Processing”). Your use therefore is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). Bank and credit card information is sent directly to and stored with Stripe using their security protocols. Evounce does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
MATERIALS AND LICENSE TO YOU
With the exception of User Content (“UC” defined below), the Site and everything on it, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to Evounce. The Site and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Site and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Site, all trademarks, service marks, logos, trade dress and trade names are proprietary to Evounce; Please be advised that Evounce enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Site and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Site. Any other use of the Site and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Site should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Site without the express written permission of Evounce or the appropriate third-party owner, as applicable.
If you download any Materials or software from the Site, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software and/or related Materials and to a human-perceivable form for any purpose, including without limitation, to build a product and/or service competitive with the Site and its related services. Evounce reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and related services.
CONTENT AND CONDUCT BY USER
I. User Conduct By accessing the Site, you agree to the following:
- obey all state and federal laws regarding online conduct and submission of acceptable UC;
- not to use the Site if you are under the age of 18;
- not to access the Site or services using a third-party's account/registration without the express consent of the account holder;
- not to attempt, through any means, to gain unauthorized access to any part of the Site and/or any service, other account, computer system and/or network connected to any Evounce server;
- not impersonate another user or person;
- not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Evounce, for instance the advertising of a Vendor or a Host, as allowed through their profile;
- not to deep-link to the Site and/or access the Site manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Site and/or any Materials and/or other content on the Site, unless Evounce has given you specific permission to do so in writing;
- not to conduct any kind of systematic retrieval of data or other content from the Site;
- not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
- not to use the Site in any manner that could damage, disable, overburden and/or impair any Evounce server, or the network(s) connected to any Evounce server, and/or interfere with any other party's use and enjoyment of the Site;
- not to transmit any chain letters or junk email;
- not to use any information obtained from the Site or the Evounce services in order to contact, advertise to, solicit, or sell to any user or vendor;
- not to transfer or sell your profile;
- not to engage in commercial activities while using this site apart from sanctioned use of Evounce services;
- not to use the Site as part of an effort to compete with Evounce, the Site, or the Evounce services;
- not to copy any content, including, but not limited to vendor information and third-party reviews, for republication in any format or media;
- not to license, sell and/or otherwise provide access to and/or use of the Site to any third party, including without limitation to build a competitive product and/or service;
- not to create vendor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
- not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
- not to harass, annoy, intimidate or threaten any Evounce employees or agents engaged in providing any portion of Evounce's services;
- not to delete the copyright or other proprietary rights notice from any UC or any portion of the Site or Evounce's services;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked Site (including those of our vendor partners);
- and not to use the Site for any illegal purposes.
You hereby agree that the consequences of commercial use or re-publication of UC or Materials from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Evounce will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
II. Content You Provide Evounce may provide you with interactive opportunities (i) on the Site, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked vendors, as well as (ii) through other communications with you, including, without limitation, through SMS or MMS text/multimedia messages (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, upload, post, publish and/or otherwise make available to Evounce through the Site or otherwise in connection with your use of our services ("UC"). UC includes textual, visual, or audio content and information, whether transmitted via the Site, SMS or MMS text/multimedia message, or otherwise.
III. Use of Your Content You hereby grant Evounce an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use UC in connection with Evounce's business and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You grant Evounce a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a Evounce planer, to attribute UC to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. If you provide any suggestions, input or other feedback relating to the Site or the services we provide, Evounce shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.
UC sent to certain parts of the Site, including, without limitation, vendor pages and certain Interactive Areas, may be posted in public areas on our Site, including without limitation in a compilation format, and as such will be publicly visible and accessible. Evounce and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to UC.
IV. Conduct within Interactive Areas By transmitting UC, you agree to follow the standards of conduct below. You are responsible for all of your UC. You agree not to provide any UC that:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
- has a commercial purpose, unless authorized by Evounce, for instance the advertising of a Vendor or a Host, as allowed through their profile;
- is illegal and/or promotes illegal activity;
- contains unauthorized advertising and/or solicits users to a business other than those on the Site;
- and/or • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Site or other websites.
Evounce may monitor any and all use of the Site; however, we are under no obligation to do so. We may manage the Site in a manner intended to protect our property and rights and to facilitate the proper functioning of the Site. If any UC or conduct on our Site violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Site; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such UC or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Site. Evounce will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with UC.
V. Reviews The Site may allow you to rate vendors and other businesses ("Ratings"). Such Ratings are considered UC and are governed by the terms and conditions herein. Ratings are not endorsed by Evounce, and do not represent Our views or of any affiliate or partner of Evounce. Evounce does not assume liability for Ratings for any claims, liabilities or losses resulting from any Ratings or statements you may make concerning a Vendor. Before posting a Rating, you must have had first-hand experience with the vendor; not have a proprietary or other affiliation with either the vendor or any of its competitors; not draw any legal conclusions regarding the vendors' products, services or conduct. Any Rating that could diminish the integrity of the Ratings section or the Site may be removed or excluded by us without notice.
We provide a Platform to help users connect with each other on the Platform but do not endorse any specific Guests, Hosts, Spaces, or Vendors or Vendor Services registered with or offered through the Platform. Any designations or badges provided through the Platform are based on the information we have available to us which may be provided by other users or third parties and which may be inaccurate or out of date and do not constitute endorsement. Each user is independent, and Hosts and Vendors are independent contractors, unaffiliated with Evounce, that are solely responsible for the character, quality, utility and provision of any Space or Vendor Service they provide or do not provide to you.
Vendor’s Listings (this applies to food, space, and entertainment providers):
V.1 Listings. Listing space, product or service (together or individually “Item”) as a Vendor, requires provision of details about the Item including a description, how it may be used by the renting party, the product or service you will bring, the cost of a Booking, a list of any facilities, current pictures, and other details about its potential uses and condition (collectively, “Item Description”). If Space this includes details regarding use of any amenities or fixtures that are part of or in the Space (collectively, “Amenities”). Your Description must be accurate and define parameters for Space use, including sound or time limitations. Other Items must expressly describe the product or service in relevant detail including for example food services detailing allergy information. Listings may not include any additional contractual obligations or alter Guests’ legal liabilities from those herein or herein by reference. “Space” is the physical location provided by the Host in the Host’s or Vendor’s Listing.
V.2 Transacting with Guests. Vendors must comply with our Community Guidelines when Listing an Item, providing a Description, and in transacting with Guests. You are responsible for maintaining the Space and Amenities so that Guests may reasonably use them as provided in the Description and Booking. Spaces and Amenities must be in good working order and provided to Guests in a safe, clean and usable condition Except as specified in a Booking Agreement, all water, electricity, HVAC and other utility services (exclusive of telephone and data services) are provided with the Space at no additional cost. All food products are to be prepared at minimum according to New York State Food Service Law (NYCRR TITLE X §14) and any amendment or similar relevant state legislation, or other relevant legislation if in another jurisdiction. Deviation from these standards will be considered a material breach of this agreement.
V.3 Booking Agreements. We may elect to require a Booking Agreement (The Evounce Product Scope of Work), with your Listing that includes all or part of the Description including a listing of any details or any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a Guest. Except where approved by Evounce, Booking Agreements may not impose rules or limitations on use outside of the Description.
V.4 Recordings. During their Event, Guests may photograph, film, or otherwise record events when using Spaces and Amenities (“Event Recordings”). Except as expressly prohibited by federal, state, local or other governmental Laws or as otherwise set forth in the Description or any Booking Agreement, you grant to any Guest that Books a Space a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Recordings that may include or identify the Space or Amenities.
V.5 Conduct and Fees. As a Vendor, you are solely responsible for ensuring that Spaces, Amenities, food, and entertainment that you expressly provide, complies with all applicable Laws including any local ordinances related to the condition, licensure, or registration Spaces for use by Guests, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time. All Fees owed by Hosts are subject to the Fees Overview and Cancellation and Refund Policy.
V.6 Preparation for and Supervision of Event. As a Vendor, you are solely responsible for (i) preserving and protecting your Space and Amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your Space, (iii) evaluating the appropriateness of potential Guests, and (iv) supervising and monitoring the Space and Amenities and your Guest’s use of the Space and Amenities for the Event, to the extent (if any) you as Host determine in your sole judgment.
When Booking Spaces and Services - This section applies to Planners
P.1 Planners, please review the Item Description and availability to confirm they are appropriate for your Event before Booking an Item. The Site will generate a specific agreement prior to renting space (“Booking.”)
P.2 Booking Fees and any Deposit, if applicable, will be shown before you complete your Booking. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to our Cancellation and Refund Policy. When you Book a Space, you are only provided a license to use the Space as described in the Booking and confirmed by the Vendor, subject to this Agreement and any additional agreement. PLEASE NOTE THAT BOOKING SPACE THROUGH EVOUNCE DOES NOT PROVIDE YOU ACCESS OR USE OF THE SPACE BEYOND THE SPECIFIED TIME AND DESCRIPTION.
P.3 Conduct and Fees. As a Planner you are responsible for complying with the Community Guidelines and any Booking Agreements throughout the Booking and use the Space or Vendor Service only as permitted or agreed upon and consistent with the Description. You are responsible for (i) the behavior and acts of any attendees, service providers, or others that access the Space, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup or breakdown of your Event, or (iv) complying with applicable Laws including acquiring any required licenses or permits for your Event, hiring security personnel for larger Events, or limiting noise to certain times of the day. YOU ARE RESPONSIBLE FOR AND ACCEPT ALL LIABILITY FOR ANY DAMAGE DONE TO THE SPACE OR AMENITIES DURING YOUR EVENT by attendees or service providers whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree to return the Space to the Host in substantially the condition as provided to your or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Hosts of any damage done to the Space or Amenities.
Required and Supplemental Insurance
Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those attending the Event, third parties, the Space or Amenities, and deciding what coverage, limits and providers are appropriate for you.
Listing or Booking Agents - This section applies to Agents that List or Book Spaces on behalf of users
Except where agreed upon in writing by Evounce, if you List or Book as an Agent, you are directly responsible for complying with, and causing the user to comply with, the terms of this Agreement and any Booking Agreement. This includes the obligations stated in Sections 3.1 (for Hosts) and 3.2 (for Guests). In addition, upon our request, you will provide authorization from the party that you represent as Agent.
Cancellations and Refunds
All cancellations and any refunds that may be available to you are subject to our Fees Overview and Cancellation and Refund Policy.
THE SITE, AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RELEASED PARTIES DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITH RESPECT TO THE CONTENT ON THE SITE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EVOUNCE DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITE WILL BE UNINTERRUPTED AND/OR ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE, THE MATERIALS AND/OR OTHER CONTENT ON THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EVOUNCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, CLEANLINESS, SAFTEY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR OTHER PRODUCTS OR SERVICES DELIVERED, THE SPACE RENTED AND/OR ANY POTENTIAL LIABILITY EXISTING IN SPACE. YOU (AND NOT EVOUNCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITE, THE MATERIALS AND/OR OTHER CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. THIS EXCLUSION IS ENFORCEABLE IN NEW JERSEY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EVOUNCE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF EVOUNCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. EVOUNCE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. EVOUNCEASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL EVOUNCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO EVOUNCE OR A EVOUNCE'S VENDOR, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY.
THIRD PARTY LINKS
It is possible that the Site contains links to websites that are owned and controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). Evounce does not review, monitor, operate and/or control the Third-Party Websites and We make no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. Your access and/or use of the Third-Party Websites, including providing information, materials and/or other content to the Third-Party Websites, is at your own risk. Evounce reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
Your use of the Site is subject to any additional terms, policies, rules or guidelines applicable to Evounce's services or certain features of the Site that we may post or link to on the Site ("Additional Terms"). All such Additional Terms are incorporated into this Agreement by reference.
If your copyrighted is accessible on our Site in a way that constitutes copyright infringement, contact Evounce's legal department (as set forth below) with a notice containing the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Site;
- Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
- A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- And a statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law;
Please send this notification to our copyright agent at: Evounce Inc., Attention: Legal, XXX New York, New York 10002.
TERMINATION AND VIOLATIONS OF THE AGREEMENT
This Agreement is effective until terminated by you or Evounce as described below. Your rights under this Agreement will terminate automatically without notice if you fail to obey any provisions of this Agreement. Further, Evounce reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Site from a particular account, device and/or IP address. You may terminate this Agreement at any time by closing your account, uninstalling the mobile application, and ceasing use of the services provided herein.
Evounce also reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site's features, look and feel, and functional elements and related services.
CHANGES TO THE AGREEMENT
You hereby agree that your access to and/or use of the Site and content on the Site is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
WAIVER AND SEVERABILITY
Any waiver by Evounce of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.