TERMS OF USE
Welcome to the EVOX Omnimedia websites (“EVOX Websites”). Use of the EVOX Website is conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use").These “Terms of Use” apply to the EVOX Websites controlled by EVOX Omnimedia LLC, EVOX Television and/or its subsidiaries and affiliated entities (“EVOX” “us”, “we”, or “our”) where these Terms of Use are posted. “EVOX Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively, “Computer”)) and other interactive features, applications or downloads that are operated by us and that are available through, or interact with, EVOX Websites where these Terms of Use are posted.
PLEASE READ THESE TERMS OF USE AND APPLICABLE ADDITIONAL TERMS (DEFINED BELOW) CAREFULLY BEFORE USING THE EVOX WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING AND/OR USING THE EVOX WEBSITES (OTHER THAN TO READ THESE TERMS OF USE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME.. READ THEM CAREFULLY AND DO NOT USE THE EVOX WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE EVOX WEBSITES IF YOU DO NOT AGREE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use and viewing of the EVOX Websites and the materials and information available on the same and the possibility of publication or publicity of your User Content (as defined below). It is your responsibility to periodically review the most current version of the Terms of Use. The Web is an evolving medium; we reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this EVOX Website signifies your acceptance of the updated or modified Terms of Use. In addition, we may change, restrict access to, suspend or discontinue the EVOX Sites, or any portion, at any time.
In addition to these Terms of Use, EVOX has established a Privacy Policy to explain how user information is collected and used by EVOX. EVOX respects the privacy of our users.. Please take a few minutes to review our Privacy Policy. Our Privacy Policy and is incorporated by reference into these Terms of Use.
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
As a condition of your use of this EVOX Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this EVOX Website in accordance with these Terms of Use; (iv) all information supplied by you on this EVOX Website is true, accurate, current and complete and (v) if you have a subscription, you will safeguard your subscription information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this EVOX Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
Your license for access to the EVOX Website and use of the Website Content is subject to the following restrictions and prohibitions on use: You may not (a) copy, use, print (except for the express limited purpose permitted by the section titled “Access” above), republish, display, distribute, transmit, sell, loan or otherwise make available in any form or by any means all or any portion of the Content retrieved from the EVOX Website; (b) use the EVOX Website or any materials obtained from it to develop, or utilize as a component of, an information, storage and/or retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content; (d) use any Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of EVOX or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Content; (f) use the Website Content in a manner that suggests an association with our network, products, services or brands; (g) use the EVOX Website for the purpose of gathering information for or transmitting unsolicited commercial email, email that uses invalid or nonexistent domain names or other deceptive addressing, or unsolicited telephone calls or facsimile transmissions; (h) collect or harvest any personally identifiable information from the EVOX Websites, including, without limitation, user names, passwords, e-mail addresses; (i) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, or attempt to or interfere with the proper working of the EVOX Websites or impair or disable same; (j) deep-link to any portion of this EVOX Website for any purpose without our express written permission or otherwise incorporate any part of this EVOX Website into any other website without our prior written authorization; (k) decompile, reverse engineer, disassemble, modify or attempt to discover any EVOX Website source or object code or any software or other products, services or processes accessible through any portion of the EVOX Websites; (l) use the EVOX Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (m) utilize the EVOX Website in violation of the laws or regulations of the United States; (n) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
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.
INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the EVOX Websites (including past, present and future versions) and including all content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the "look and feel" of the EVOX Websites, the compilation, assembly and arrangement of the materials of the EVOX Websites and any and all copyrightable material (including source and object code), (collectively, the “Content” or "Website Content") and all intellectual property rights to the same are owned or controlled by EVOX, our licensors or our third-party affiliates. Additionally, all trademarks, service marks, trade names, trade identities and trade dress that may appear on the EVOX Websites are owned by us, our licensors, and/or our affiliates. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the EVOX Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
THIRD-PARTY LINKS
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
All materials published or provided by EVOX on the EVOX Websites, including but not limited to articles, shows, videos, research, materials, blogs, newsletters and any other documents and information collectively comprising the Website Content, are protected by copyright ©2012 EVOX OmniMedia LLC All rights reserved or under the copyright of the party credited as the provider of the content. You shall abide by all restrictions contained in these Terms of Use and set forth in the section titled “Restrictions” as well as all additional copyright notices, information, or restrictions contained in any Content accessed through the EVOX Website. You may download or copy the Content and other downloadable items displayed for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from EVOX or the copyright holder identified in the copyright notice contained in the Content. You may not show, display, or otherwise use any Content for commercial purposes or in exchange for compensation. EVOX and the EVOX logo are either registered trademarks or trademarks of EVOX in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend the membership of any registered user and/or block your access to the EVOX Websites for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use or applicable Additional Terms. You agree that EVOX shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the EVOX Websites.
If you become a registered user, you may terminate your Membership at any time by sending an e-mail to _____________. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the remaining provisions contained herein. Upon suspension or termination of your membership, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Computer.
SPOTLIGHT
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.
USER-GENERATED CONTENT
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 represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the EVOX Group' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. 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. You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the EVOX Group' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your o Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
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
Violates these Terms of Use, guidelines or any policy posted on the EVOX Websites, or interferes with the use of the EVOX Websites by others.
Although EVOX cannot monitor all content on EVOX's community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, EVOX shall have the right, but not the obligation, to monitor the content of the EVOX Websites to determine compliance with these Terms of Use and any other restrictions that may be established by EVOX from time to time. EVOX shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the EVOX Websites for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither EVOX nor any of its affiliates shall assume or have any liability for any action or inaction by EVOX with respect to any conduct within the EVOX Websites or any communication or posting on the EVOX Websites. EVOX also reserves the right to disclose any information that EVOX believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
MOBILE
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.
DISCLAIMERS
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
Under no circumstances shall EVOX or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be responsible or liable for any direct, indirect, incidental, special, consequential, economic, punitive or exemplary damages (even if foreseeable or if EVOX has been advised of the possibility of such damages), under any contract, negligence, strict liability, tort or other theory, arising out of, relating to, or in any way connected with the EVOX Websites, these Terms of Use or applicable additional terms. Your sole remedy for dissatisfaction with the EVOX Websites, including, without limitation, the Website content is to stop using the EVOX Websites. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the EVOX Websites or any links on the EVOX Websites, as well as by reason of any information or advice received through or advertised in connection with the EVOX Websites or any links on the EVOX Websites. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the EVOX Websites or from any bugs, viruses, Trojan horses or the like, regardless of source.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of EVOX and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the total payments received from you by EVOX during the preceding twelve (12) month period. Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with the EVOX Websites, these Terms of Use or applicable additional terms must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
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.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless EVOX and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the EVOX Websites; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use or applicable Additional Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time without prior notice and for any reason, to modify or discontinue any aspect or feature of the EVOX Websites or to modify or add to these Terms of Use ("Updated Terms"). In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the EVOX Websites generally, unique parts of the EVOX Websites, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Updated Terms or Additional Terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail or conventional mail. It is your responsibility to review the Terms of Use and the Websites from time to time for any Updated Terms or Additional Terms. Your access and use of the EVOX Websites after we have posted the Updated Terms (or engaged in such other conduct as we may reasonably specify) or applicable Additional Terms will signify your assent to and acceptance of the same, which will be effective as of the time of posting, or such later date as may be specified therein, and will apply to your use of the EVOX Websites from that point forward. If you object to any Updated Terms or to any Additional Terms, you may terminate your membership, if any, or, immediately discontinue use of the EVOX Websites.
MISCELLANEOUS
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.
Any delay or failure by us to exercise or enforce any of our rights under these Terms of Use shall not be construed as a waiver of the right and privilege to do so at any subsequent time. EVOX has the right to determine your compliance with these Terms of Use in our sole discretion. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be unlawful, void, or for any reason invalid or unenforceable, then that provision will be deemed severable from these Terms of Use and the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
These Terms of Use (including the Privacy Policy and any Updated Terms or Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
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