EVENLY STUDIOS APPS - TERMS & CONDITIONS
Acceptance of These Terms of Service
BY DOWNLOADING, INSTALLING, OR USING
EVENLY STUDIOS APPS ("SERVICE" , "EVENLY STUDIOS APPS",
"we", "us", "our"), YOU AGREE TO BE BOUND BY BOTH
THESE TERMS OF SERVICE("TOS") AND THE EVENLY STUDIOS APPS PRIVACY
POLICY. YOU CAN CHECK THE MODIFIED VERSION FROM THE SOFTWARE OR THE OFFICIAL
WEBSITE. YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUOUSLY USE EVENLY STUDIOS
APPS AFTER THE DATE ON WHICH the TOS HAVE CHANGED, EVENLY STUDIOS APPS WILL
TREAT YOUR USE AS ACCEPTANCE AND COMPLIANCE WITH THE UPDATED TERMS.
EVENLY
STUDIOS APPS may also offer other services that are governed by different TOS.
In such cases the other TOS will be posted on the relevant service to which
they apply.
If
you do not agree with the TOS, please do not use or access EVENLY STUDIOS APPS.
Your
Registration and Account
If
you are under the age of 13, you must not use our services. If you are between
the ages of 13 and 18 (or the relevant age in your jurisdiction where you are
considered a minor), your parent or guardian must agree to the TOS (both for
themselves and on your behalf) before you can use our services. If you are
using our services on behalf of a company, partnership, association, or other
organization ("organization"), you warrant that you are authorized to
do so and that you are authorized to bind your organization to the TOS and in
such circumstances "you" will include your organization.
You
also agree to provide true, accurate, current and complete information about
yourself as prompted by the EVENLY STUDIOS APPS Service's registration (at
EVENLY STUDIOS APPS’s need or request in its sole discretion).
You
are entirely responsible for maintaining the security and confidentiality of
your information and password. You agree that you will immediately notify
EVENLY STUDIOS APPS should your password or any of your information be
compromised and of any such unauthorized use. EVENLY STUDIOS APPS cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section.
Privacy
Policy
Your
using or accessing EVENLY STUDIOS APPS is also governed by EVENLY STUDIOS APPS
Group's Privacy Policy, which is incorporated herein by reference. Your privacy
is important to us. We designed EVENLY STUDIOS APPS Privacy Policy to make
important disclosures about how we collect and use your information. We
encourage you to read the EVENLY STUDIOS APPS Privacy Policy carefully and use
it to make informed decisions.
Content
and Submissions
When
you provide any submissions to EVENLY STUDIOS APPS, you understand and accept
complete responsibility for your submissions, including any and all
consequences that may arise. As such, you represent and warrant that you: own
or have secured all necessary licenses, rights, consents and permissions for
such submissions and authorize EVENLY STUDIOS APPS to make use of these
submissions in the manner contemplated by the TOS.
By
using the Service, you may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will we be liable for your content or the
content of any third party, including, but not limited to, for any errors or
omissions in your content, or for any loss or damage of any kind incurred as a
result of the use of any content posted, transmitted or otherwise made
available via the Service. You acknowledge that we do not pre-screen content,
but that we shall have the right (but not the obligation) to refuse, move or
delete any content that is available via the Service.
We
shall also have the right to remove any content that violates the TOS or is
otherwise objectionable in our sole discretion. You must evaluate, and bear all
risks associated with, the use of any content. You may not rely on any content
created by us. You acknowledge and agree that we may preserve content and may
also disclose content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms; (c) respond to claims that any
content violates the rights of third-parties; or (d) protect our rights,
property, or personal safety and those of our users and the public.
Prohibited
Content Submissions
You
may not create a user name, post, upload, email or otherwise transmit to EVENLY
STUDIOS APPS Submissions of any kind that is, within the sole discretion of
EVENLY STUDIOS APPS, determined to be commercial, illegal, offensive or
potentially harmful to others including but not limited to content that:
infringes
upon the rights of any third party, including but not limited to copyrights,
trademarks, patents, trade secret, design rights, moral rights or other third
party proprietary rights, including privacy and publicity rights;
promotes
the infringement of copyright or other third party rights, e.g., providing a list
of hyperlinks to websites that contain pirated software or media files,
hacking/cracking, etc.;
contains
software viruses or any other malicious computer code, files or programs
designed to interrupt, destroy or alter the functionality of any computer
software or hardware or telecommunications equipment owned by another party;
is
offensive, abusive, threatening, harassing, stalking, promoting violence or
racism or harm or hatred or bigotry against any group or individual;
is
libelous or defamatory or promotes information that you know is false or
illegal;
violates
the privacy of others, including but not limited to posting the photograph of
another person without that person's consent;
is
obscene, vulgar or contains profanity;
is
pornographic or sexually explicit or contains nudity;
exploits
or attempts to exploit people in a sexual or violent manner;
disparage
EVENLY STUDIOS APPS or any third party;
is
or contains an advertisement, a marketing initiative, solicitation of a
business, or otherwise significantly connected with any commercial purpose;
involves
the transmission of any unsolicited mass mailing including but not limited to
"junk mail", "chain letters" and "spam";
contains
restricted or password only access pages;
sells,
promotes or encourages the use of beer or hard alcohol, tobacco or related
products, prescription drugs, narcotics or drug paraphernalia, replicas or
imitations of designer goods, weapons (including firearms, ammunition, brass
knuckles, throwing stars, knives, etc.), gambling or casino-related content;
is
unlawful or illegal, criminal or tortuous in nature (such as child pornography,
fraud, gambling);
is
otherwise objectionable material or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation.
Intellectual
Property Rights
When
you provide Submissions to EVENLY STUDIOS APPS, you still retain all of your
rights of ownership in your Submissions. However, by uploading, posting or
otherwise transmitting your Submissions on or to EVENLY STUDIOS APPS, you grant
EVENLY STUDIOS APPS (and its successors) a royalty-free, perpetual,
irrevocable, transferable, worldwide, exclusive right (themes) and license to
use, license, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, derive revenue or other remuneration from, communicate
to the public, perform and display the content (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology now known or
later developed, for the full term of any rights that may exist in such
content. You also permit any subscriber to access, display, view, and store and
reproduce such content for personal use, as permitted by the Service and under
these Terms of Service.
Other
than Submissions you provide to EVENLY STUDIOS APPS, all content, software,
scripts, images, graphics, audio, video and other materials in any form
(collectively, "EVENLY STUDIOS APPS Content") are protected by
copyrights, trade or service marks, patents or other proprietary rights and are
owned by or licensed to EVENLY STUDIOS APPS, subject to intellectual property
rights. You understand and agree that all EVENLY STUDIOS APPS Content is
provided to you solely on an AS IS basis for your personal use only and may not
be copied, reproduced, distributed, broadcast, displayed, sold, licensed or
otherwise used or exploited for any purpose and in any manner without the prior
written consent of EVENLY STUDIOS APPS or the respective owners. EVENLY STUDIOS
APPS reserves all rights not expressly granted to you. If you download, print
or display any EVENLY STUDIOS APPS Content for personal use, you must retain
all copyright and other proprietary notices.
You
may not (and you may not permit anyone else to) take actions directly or
indirectly that infringe or may infringe intellectual property rights and
related interest of EVENLY STUDIOS APPS (including but not limited to
exploiting, assigning the referenced intellectual property rights above or
permitting anyone else to do so). EVENLY STUDIOS APPS reserves the right to
charge the tort liabilities.
You
may not (or entrust a third party), whether on non-profit purpose or not,
reverse engineer, decompile or attempt to derive source code of the Software,
or create derivative works of product, services, plugins, extensions,
compatibility, interconnection behaviors, etc. EVENLY STUDIOS APPS reserves the
right to charge the tort liabilities, unless you have been granted by EVENLY
STUDIOS APPS in writing.
Violations
of Intellectual Property Rights and Terms of Service
Provided
with proper notification and documentation, EVENLY STUDIOS APPS will remove any
Submission that infringes upon the intellectual property rights of another and
reserves the right to remove any Submission without prior notice. EVENLY
STUDIOS APPS assumes no responsibility for monitoring the Service. In the event
EVENLY STUDIOS APPS chooses to review any Submission (such review is solely
within EVENLY STUDIOS APPS's discretion), EVENLY STUDIOS APPS assumes no
responsibility for the Submissions or any obligation to remove any
inappropriate Submissions or any responsibility for the conduct of a member
submitting inappropriate Submissions. At its sole discretion, EVENLY STUDIOS
APPS may remove any Submission and/or terminate a member's account for
violating any of these Terms of Service at any time and without notice. EVENLY
STUDIOS APPS reserves the right, but not the obligation, to take any
appropriate legal action for any illegal or unauthorized use of the Service or
violation of the Terms of Service.
2.
Claims of Copyright Infringement
If
you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please notify EVENLY STUDIOS APPS 's Agent for Notice of claims of
copyright or other intellectual property infringement ("Agent"), at:
EVENLY
STUDIOS APPS Copyright Agent
Email:
evenlystudios@gmail.com
Please
provide our Agent with the following Notice:
Identify
the copyrighted work or other intellectual property that you claim has been
infringed;
Identify
the material on EVENLY STUDIOS APPS that you claim is infringing, with enough
detail so that we may locate it on the website;
A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
A
statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
Your
address, telephone number, and email address;
Your
physical or electronic signature.
EVENLY
STUDIOS APPS's Agent will forward this information to the alleged infringer. It
is EVENLY STUDIOS APPS’s policy to terminate the accounts of repeat infringers.
Termination
Should
you violate or breach the TOS, EVENLY STUDIOS APPS reserves the right, at its
sole discretion and without notice, to suspend or terminate your account, any
and all content and information you may have provided and your ability to
access any part of EVENLY STUDIOS APPS. The termination will not affect the
obligations and liabilities you should assume before the termination.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. UNLESS EXPRESSLY SET FORTH HEREIN, EVENLY STUDIOS APPS
MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING
WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE
IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR ANY PARTICULAR PURPOSE. EVENLY STUDIOS APPS DOES NOT WARRANT THE
RESULTS OF USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH
RESPECT THERETO.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT EVENLY STUDIOS APPS AND ITS AFFILIATES,
SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR RELATING TO THE BREACH OF THE TOS OR THE USING OF SERVICE, EVEN IF EVENLY
STUDIOS APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You
agree to indemnify and hold EVENLY STUDIOS APPS and its affiliates,
subsidiaries, employees and agents harmless from and against any third-party
claim and any related losses, costs, liabilities and expenses, including
reasonable attorneys’ fees, arising out of the breach of any representations,
warranties or covenants made by you.
Governing
Law and Disputes Resolution
Except
to the extent that: (i) any applicable additional terms incorporated into these
Terms provide differently, or (ii) the applicable laws and regulations of your
jurisdiction mandate otherwise, the TOS and any dispute or claim arising out of
or in connection with the TOS will be governed by the laws of the People’s
Republican of india.
Any
dispute, controversy or claim (whether in contract, tort or otherwise) arising
out of, relating to, or in connection with the TOS, including their existence,
validity, interpretation, performance, breach or termination, will be referred
to and finally resolved by arbitration administered by the Indian Council of
Arbitration(ICA), and the place of arbitration shall be in New Delhi. Within
the valid period for the arbitration, such arbitration tribunal shall subject
to the arbitration rules of the ICA in effect at the time of the arbitration.
The award of the arbitration tribunal shall be final and binding upon the two
parties.
Please
contact us at EVENLY STUDIOS APPS should you have any questions regarding these
Terms of Service.
Contact
us
If
you have any suggestions, feedback or requests, please email us at
evenlystudios@gmail.com
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