The Evoplay website provides various features subject to the following conditions:
By downloading and opening the Evoplay website or App, you agree to be bound by these terms, which shall take effect immediately on your first use of the service. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Evoplay
These terms may change from time to time at sole discretion of Evoke and you should be aware of it at all times. Your use of the Evoplay website will be treated as your deemed acceptance of the terms. If you do not agree to any of the term or the changes made thereto, you should cease using the services.
When using the Evoplay website or App, you shall also adhere to the guidelines, terms and agreements (“Terms”) website liable to such service.
2.1 Your Evoplay membership will continue until terminated. To use the Evoplay service you must have Internet access and Evoplay ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment.
2.2 You can find specific details regarding your Evoplay membership by visiting our website and clicking on the "My Account" link available at the top of the pages under your profile name.
2.3 Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Evoplay at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible.. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
- Billing and Cancellation
3.1 Billing Cycle. The membership fee for the Evoplay service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "My Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. If you signed up for Evoplay using your account with a third party as a Payment Method, you can find the billing information about your Evoplay membership by visiting your account with the applicable third party.
3.2 Payment Methods. To use the Evoplay service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3 Cancellation. You can cancel your Evoplay membership at any time, and you will continue to have access to the Evoplay service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Evoplay content. To cancel, go to the "My Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "My Account" page. If you signed up for Evoplay using your account with a third party as a Payment Method and wish to cancel your Evoplay membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Evoplay service through that third party.
3.4 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- Users Agreement
The Evoplay website or App users will be subject to the below terms and conditions,
User agrees that:
The communication is electronically transmitted and hence any agreement, notice, disclosure and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
The continuance of Service will constitute user’s binding acceptance of all the terms and conditions of the Evoplay website or App .
The terms and conditions are subject to renew and user shall update of the same.
Area of our services are expanding, hence all new services are covered under the terms and conditions of the Evoplay website or App at all times.
Evoplay is not responsible for technical failure of any electronic communication sent via GPRS. Evoke will not be liable for any technical failure, if the user has not received or read or accepted an electronic communication.
The Service includes:
The ability to browse Evoplay content from user’s mobile phone or any other device .
The ability to access certain Evoplay features through the website location .
User’s carrier’s normal messaging, VAS Messaging, VAS Download rates, data access/usage charges and other rates and fees will be charged by the Mobile Telecom Operators. Therefore, User should check with user’s carrier to find out if the Mobile Services are available for user’s mobile devices, and what restrictions, if any, may be website liable to user’s use of such Mobile Services. By using the Mobile Services, User agree that certain information about user’s usage of the Evoplay website or App may be communicated to us.
Evoplay shall not be responsible in the event of failure of this network transmission or failure of message transmission for any reasons whatsoever.
The contents, Movies, Music videos and short videos (collectively “materials”) are protected by the copyrights laws. Unauthorized copy and distribution shall be liable for prosecution.
Evoke is the sole owner of Evoplay logo. Any unauthorized usage thereof shall be violative of the copyright and trademark laws.
Users hereby confirm, undertake and agree that:
Users are 18 years of age or above
Users are solely responsible for all activities that occur under user’s account.
If we have reason to believe that User of the Service is causing prejudice to Evoke or to the other users. Users shall comply with laws as website liable from time to time regarding the usage of the Evoplay website or App; obey any codes of conduct or other notices that are provided; keep user’s service account secret; and promptly notify Mobile Service Company if you learn of a security breach related to the service. Evoke disclaims all warranties, express or implied, in connection with the mobile service and its use thereof.
User being the original owner of the device undertake to indemnify and hold Evoke Halmless, from and against any /all claims, in consequence of your actions while using the Evoplay website or App or any part thereof. User agrees to waive their rights with reference to the “Do Not Call Registry” so as to enable us to render our services
User shall adhere to the terms and conditions of mobile service provider while accessing the Evoplay website or App.
- Intellectual Property Rights
Only the User may access the Service, unless otherwise agreed to in writing by Evoke. The content available through the Service is the property of Evoke or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. Users agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Evoke.
The content provided by Evoke, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Evoke, subject to copyright and other intellectual property rights under Sri Lankan laws and conventions.
- Limitation of Liability
To the maximum extent permitted by website liable law, neither Evoke, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to user or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or the use of the service, regardless of the form of action or the basis of the claim or whether or not Evoke has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to user.
- Governing Law
This Agreement shall be construed in accordance with, and all actions arising under or in connection therewith shall be governed by the laws of Sri Lanka.
Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates or agents, shall be subject to the jurisdiction of the High Court, Colombo, Sri Lanka.
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