Evibe Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites, APIs, email notifications, applications, ads, commerce services (the “Evibe Services”), and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Evibe Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You may use the Services only if you can form a binding contract with Evibe and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Evibe provides are always evolving and the form and nature of the Services that Evibe provides may change from time to time without prior notice to you. In addition, Evibe may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Evibe on the Services are subject to change. In consideration for Evibe granting you access to and use of the Services, you agree that Evibe and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Evibe cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. Under no circumstances will Evibe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your License To Use the Services
Evibe gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Evibe as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Evibe, in the manner permitted by these Terms.
6. Evibe Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Evibe and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Evibe name or any of the Evibe trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Evibe, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Restrictions on Content and Use of the Services
8. Copyright Policy
Evibe respects intellectual property rights of others and expects users of the Services do likewise. You are responsible for the use you make of the Services, Content that you communicate and all of their consequences, including the use of your Content by other users and by our third party partners. If you do not hold the rights required for the communication of this Content for such a use, you will be liable. You declare and guarantee that you have the rights, powers and authorisations necessary to grant the rights accorded by virtue of these Conditions on the Content that you submit. In the event of intellectual property theft, Evibe cannot be held responsible. The Content made available may be used by Evibe for the purpose of the improvement and promotion of the platform. In certain cases, it may be shared with partners but always for the purpose of improvement and promotion of the platform. This use can be made without financial compensation for you in respect of the Content that you submit, publish, transmit or make available through the Services. We respond to notifications regarding an infringement of copyright provided these comply with the applicable legislation and are properly addressed to us. If you think that part of your Content has been reproduced or disseminated in a fraudulent manner, please report this breach using the function provided for this purpose. We reserve the right to delete allegedly fraudulent Content without notice, at our sole discretion and without any liability on our part towards you. When circumstances justify this, Evibe shall also be entitled to terminate the user’s account if the user is believed to have acted fraudulently on a number of occasions.
9. Ending These Terms
The Terms will continue to apply until terminated by either you or Evibe as follows. You may end your legal agreement with Evibe at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Evibe when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Evibe Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. Nothing in this section shall affect Evibe’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
10.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Evibe and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Evibe Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are 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 maximum extent permitted under applicable law, THE EVIBE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Evibe make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Evibe Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Evibe Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Evibe Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EVIBE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EVIBE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General Terms
Waiver and severability: The fact that Evibe does not seek to avail itself of a right or provision of these Conditions cannot be considered to be a waiver of this right or provision. In the event that a provision of these Conditions is judged to be invalid or unenforceable, this provision shall be limited or deleted strictly to the extent that this is necessary and the remaining provisions of these Conditions shall remain fully in force. Entirety of agreement: These Conditions may be subject to occasional change, the latest version always being available at the address: evibe.com/tos. If we consider these modifications to be substantive, we will bring them to your attention via an update by email to the email address associated with your account. In continuing to access or use the Services after the entry into force of these modifications, you accept to be contractually bound by these new Conditions of use. Applicable law: These Conditions and any legal action undertaken in relation to these Conditions are governed by the laws in force in France without consideration or application of the legal provisions of your State or country of residence in relation to conflict of laws. Any claims, legal proceedings or disputes relating to the Services will exclusively be brought in French Courts. You accept the material and territorial competence of these Courts and renounce any objection in this regard. If you have any questions about these Terms, please contact us.
Effective: May 30th, 2016