serving up content, learning, and commerce for the transformative cultural community.
  • Evolver
  • Evolver
  • Evolver
  • Evolver
  • Evolver
  • Evolver

Terms & Conditions

This agreement is intended to help you understand the legal framework in which you participate on EVOLVER, what your rights and responsibilities are and what you can expect from us.

Eligibility

Use of and membership in EVOLVER is void where prohibited. By using EVOLVER, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of EVOLVER does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we have reason to believe that you are under 13 years of age, or in violation of any applicable law or regulation.

You are solely responsible for your interactions with other EVOLVER members. EVOLVER reserves the right, but has no obligation, to monitor disputes between you and other members.

You agree to comply with our site rules, including, specifically, the EVOLVER Privacy Policy and the Community Guidelines, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of EVOLVER and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access EVOLVER or collect information from it.

Content

Please choose carefully the information you post on EVOLVER and that you provide to other users. Your EVOLVER profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other EVOVLER Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EVOLVER assumes no responsibility or liability for this material. If you become aware of misuse of the EVOLVER site by any person, please contact EVOLVER at admin@evolver.net.

EVOLVER may delete any content that in the sole judgment of EVOLVER violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EVOLVER assumes no responsibility for monitoring the EVOLVER site for inappropriate content or conduct. If at any time EVOLVER chooses, in its sole discretion, to monitor the EVOLVER site, EVOLVER nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for the content that you post on or through the EVOLVER site, any material or information that you transmit to other members, and for your interactions with other users. EVOLVER does not endorse and has no control over the content. Content is not necessarily reviewed by EVOLVER prior to posting and does not necessarily reflect the opinions or policies of EVOLVER. EVOLVER makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.

You retain all ownership rights to profile information and content you publish on EVOLVER (your "Content"). However, you grant EVOLVER a nonexclusive, royalty-free, perpetual right to use such Content on the EVOLVER site. You grant EVOLVER and its affiliates and sub-licensees the right to use the name that you submit in connection with such Content, if they choose. We can publish all or teaser portions of your Content online. We ask that you refer or provide links to EVOLVER if you choose to republish your Content elsewhere.

If you believe content on EVOLVER infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at admin@evolver.net. Please make sure your notice meets the Digital Millennium Copyright Act requirements:

http://www.copyright.gov/legislation/dmca.pdf.

PROHIBITED ACTIVITY

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the EVOLVER site. EVOLVER reserves the right to investigate and take appropriate legal action against anyone who, in EVOLVER's sole discretion, violates this provision, including without limitation, removing the offending communication from the EVOLVER site and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of EVOLVER:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, violence, or offensive subject matter or contains a link to an adult website;
* solicits personal information from anyone under 18;

  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
* involves commercial activities and/or sales without our prior written consent such as advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent; or uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

Liability Limits

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF EVOLVER, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE EVOLVER TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $500. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD EVOLVER LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF EVOLVER.

Governing Law/Arbitration

This agreement is governed by New York law as such laws apply to agreements entered into and to be performed entirely within New York between New York residents. Any claim arising out of or relating to this agreement or EVOLVER shall be settled by binding arbitration in New York, NY in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York, NY court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Integration

This agreement and our privacy policy (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to EVOLVER, which take effect when we post them. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.

General

EVOLVER AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with EVOLVER. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.