PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE SITE. IMPORTANT NOTICE - THIS IS A CONTRACT.
In consideration for the permission by Evoke to post User Content you agree that by accessing or using the Site on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms without limitation or qualification and any other applicable law, whether or not you are a registered Evoke /Platform user.
If the Terms change, we will post updated terms on the Site.
You can tell if these Terms have changed by checking the "Last Updated " date that appears above.
In the case of any substantive change, we will give notice of the changes by posting the amended terms on the Site at least thirty days before the effective date of the change. If you have provided us with your email address, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to these Terms.
If you do not agree to the new Terms, you should stop using the Site. Otherwise, the new Terms will take effect with immediate effect on publication.
GENERAL RULES FOR USER CONTENT
- Your Responsibility When you transmit upload post, e-mail or otherwise make available User Content on or to the Site (a "Submission"), you are entirely responsible for such User Content. Such User Content constitutes a Submission by you and this means that you alone (and not Evoke) are responsible for all User Content that you post on the site/Platform and that any such access or use is undertaken at your own risk.
- Your Representation of Ownership when you share or post any content while you being the owner of the said content, you submit to the following terms and conditions. You are responsible to make sure that your Submission is original and not created or owned by another person or entity.
You hereby represent and warrant that
- You own all rights pertaining to the content posted by you as a user.
- If the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your user Content:
- you are not a minor under the Prevailing Law.
- you are legally entitled to post the User Content, and the use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law and
- the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and /or racially and religiously discriminatory.
- You hereby release, discharge and agree to hold us, and any person acting on our behalf, harmless from any liability related in any way to the use of your User Content. Your Obligations.
- By posting User Content you agree you will not upload, any illegal, offensive, libelous, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit content, and will not post content which is invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, or will harm or threaten the safety of others.
- Please be aware that any individual Submission or posting does not necessarily reflect the view of Evoke at all times but that of the user who uploaded the content.
- Commercially sensitive and commercially motivated content. Do not post or solicit personal information of yours of any third party. The Site is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever. Do not accept payment from a third party in exchange for your performing commercial activity on the Site. Do not post any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
- Rights to the content posted. You hereby grant to Evoke, without any compensation whatsoever, a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User Content, in perpetuity in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Your Submission will not be returned by Evoke.
- Your Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Evoke from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your violation or breach of these Terms; or (b) your violation of any third-party rights, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Site. In the event the User Content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys' fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions.
- Your Release Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release Evoke from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms.
- Warranty Disclaimer The Company is not responsible or liable for any User Content or other content posted on our Site or for any offensive, unlawful or objectionable content you may encounter on or through our Sites.
- The User Content and the materials and products on a Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company does not guarantee and does not promise any specific results from use of our Sites.
- Evoke does not represent or warrant that our Sites will be uninterrupted or error free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Evoke does not make any warranties or representations regarding the use of the materials or content on our Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.
- You understand and agree that you create, download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access our Site, loss of data or other harm of any kind that may result. Evoke reserves the right to change any and all User Content and other items used or contained on our Site at any time without notice
- Limitation of Liability Evoke SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF CARTER’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY AGAINST Evoke FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES. ACCORDINGLY, IF Evoke IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITES OR ANY CONTENT, Evoke’s LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Termination, Evoke reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of our Sites for any or no reason, without notice, and without liability to you or anyone else.
- Evoke also reserves the right to block users from certain IP addresses or Device numbers and prevent access to our Sites. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Site or on other platforms even after your User Content is removed or your account is terminated. These Terms and Conditions remain in effect even after your account is terminated.
- Incorporation of Evoke’s Legal Terms and Conditions These Terms and the use of our Sites is also governed by Evoke’s Legal Terms and Conditions for its Sites which can be reviewed and accessed by clicking on the following link, [insert link here].
- Evoke’s Legal Terms and Conditions on its Sites are incorporated herein by reference as though fully set forth in these Terms. Entire Agreement/Waiver These Terms constitute the entire agreement between you and Evoke with respect to the User-Content. The failure of Evoke to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.