The material that appears on the EVOX Website is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the EVOX Websites, you should confirm any facts that are important to your decision. EVOX and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the EVOX Websites. EVOX is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites or products we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by EVOX, its licensors or affiliates.
USE OF WEBSITE
You further are prohibited from posting or transmitting to or from this EVOX Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this EVOX Website. You acknowledge that EVOX may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
This EVOX Website may contain hyperlinks to websites operated by parties other than EVOX Such hyperlinks are provided for your reference and consideration only. EVOX does not control such websites and is not responsible for the content, accuracy or opinions expressed in such websites, nor are such websites investigated, monitored or checked for accuracy or completeness by EVOX. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this EVOX Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to other websites does not imply any endorsement of the material on such websites or any association with their operators.
COPYRIGHT AND TRADEMARK NOTICES
EVOX may from time to time highlight or spotlight on the EVOX Websites a charitable or non-profit organization or a person engaged in a charitable or community-based activity (collectively “Charities”) . EVOX cannot guarantee the authenticity of any data or information the Charities provided about themselves, their campaigns or their projects. EVOX makes no representations or warranties as to the reliability, accuracy, usefulness or completeness of information provided with respect to the Charities, their campaigns or their projects.. EVOX further has no knowledge as to the management, structure, accounting, solvency, fiscal responsibility or any other aspects of the Charities and makes no representations, express or implied, about the legitimacy of any funding or donations being sought by the Charities or for any other needs, EVOX is not responsible for any misrepresentations, errors or omissions in the information provided by the Charities that it highlights and users are cautioned to exercise prudent judgment and to undertake their own investigation prior to engaging in any business or transaction or to make donations to or on the Charities’ behalf. The EVOX Websites spotlight of a particular charitable or non-profit organization is solely for information or educational purposes and is not an effort by EVOX to raise money or other resource on the Charities’ behalf, and the presence on the EVOX Websites of such information or material does not in any way create or imply an agency, employee or other relationship between EVOX and the Charities. You release the EVOX from all liability for your having acquired or not acquired Content or other information related to the Charities through the EVOX Websites.
A. VIDEO or PHOTOS
In submitting user-generated video or photos to the EVOX Websites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant EVOX Omnimedia LLC, EVOX’s joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "EVOX Group") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video or photos submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the " Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the EVOX Group may or may not earn or generate through its use of your Submission. You further represent and agree to the following:
You grant the EVOX Group the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the EVOX Group, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the EVOX Group the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
You hereby waive any right of inspection or approval of your Submission as used and distributed by the EVOX Group, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
You acknowledge that the EVOX Group will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the DCI Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
These terms and conditions for the submission of user-generated video and photos are in addition to all requirements for submission of materials set forth in the EVOX Submissions Policy.
B. SOCIAL MEDIA SITES, FORUMS and BLOGS
EVOX wants to encourage an open exchange of information and ideas through the EVOX Websites. EVOX does not review or monitor every posting that may be made on EVOX's community and social media sites, or in chat rooms, forums, blogs, and other public posting areas and these areas will include content, information, and opinions from a variety of individuals and organizations other than EVOX. EVOX does not endorse or guarantee the accuracy or truthfulness of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of the EVOX staff nor does EVOX control the messages, information or other content that users or others may provide. Users or viewers should exercise appropriate judgment and utilize available resources to assure themselves of the accuracy, veracity, credibility and value of any such postings and each user is solely responsible for what he or she posts on EVOX's community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the EVOX Websites. By using the EVOX Websites you agree that such use will be for lawful purposes only, and you further agree not to submit, post or transmit through the EVOX Websites any material or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Results in the submission or posting of material that is the property of another, without the consent of its owner, and by posting or submitting any material (including, without limitation, photographs and videos) to the EVOX Websites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted.
Allows you to gain unauthorized access to the EVOX Websites, or any account, computer system, or network connected to the EVOX Websites, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Impersonates any person, business or entity, including EVOX and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including EVOX;
Contains an advertisement or solicitation or encourages others to make a donation;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name; or
The EVOX Websites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the EVOX Websites via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the EVOX Websites from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We typically do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Websites to reflect this change.
YOU EXPRESSLY AGREE THAT USE OF THE EVOX WEBSITES IS AT YOUR SOLE RISK. THE EVOX WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE EVOX WEBSITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE EVOX WEBSITES OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR EVOX WEBSITES OR ACCESSED THROUGH THE EVOX WEBSITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EVOX WEBSITES; (6) WARRANTIES THAT YOUR USE OF THE EVOX WEBSITES WILL BE SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE; (7) WARRANTIES THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (8) WARRANTIES THAT THE EVOX WEBSITES (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION ON LIABILITY
In some jurisdictions limitations of liability or of warranties are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
AMENDMENT; ADDITIONAL TERMS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A. without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of the EVOX Omnimedia LLC products) shall be in the state or federal courts located in San Francisco County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of EVOX Omnimedia LLC products) must be commenced within one (1) year afte the claim or cause of action arises. EVOX Omnimedial LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed a a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. EVOX Omnimedia LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend and hold harmless EVOX Omnimedia LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.