Terms and Conditions

EVRLAND TERMS AND CONDITIONS

Last updated: January 1st, 2018

App End User License Agreement

This EVRLAND App End User License Agreement (“Agreement”) is between Epicenter VR, Inc. d/b/a EVRLAND (“EVRLAND”) and you or the entity that you represent (collectively, “You”), and governs your use of the EVRLAND virtual reality application (the “App”).

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING AND SUCH TERMS, CONDITIONS AND/OR NOTICES, YOU DO NOT HAVE THE RIGHT TO INSTALL OR USE THE APP.

EVRLAND reserves the right to revise any portion of this Agreement in its sole discretion at any time and without prior notice to You by updating this posting, such changes to be effective prospectively. Thus, You should check this page periodically for changes. If You disagree with any changes to this Agreement, Your sole remedy is to discontinue Your use of the App. Your continued use of the App after a change has been posted constitutes Your acceptance of the change thereafter.

  1. Parties. This Agreement is between You and EVRLAND only, and not any other third party. Third-party distribution channels for the App, such as Google Play and the Apple App Store, may have their own terms of use and privacy policy that govern Your use of their services, and neither this Agreement nor the EVRLAND Privacy Policy will govern any such use. Your use of these third-party services is beyond the control of EVRLAND, and, except as otherwise expressly set forth in this Agreement, EVRLAND is not responsible for the obligations or privacy practices of these third-party distribution channels. However, EVRLAND is solely responsible for the App and the content thereof. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
  2. Subscription.  Your EVRLAND Subscription will continue month-to-month and automatically renew until terminated. To use the EVRLAND service you must have Internet access and a EVRLAND ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method (see “Cancellation” below).
  3. Access to EVRLAND Material. You will have the ability to access through the App, via links to EVRLAND’s website (“EVRLAND Site”), featured virtual reality (“VR”) models (“VR Experiences”) made available by EVRLAND, as well as VR Experiences that You or other users make available for public display on the EVRLAND platform. The App will Download or Stream assets associated with any available VR Experience that You choose to access. You acknowledge and agree, however, that the App will automatically make unavailable from your mobile device any downloaded VR Experience and associated assets after that Experience is deleted from, or no longer publicly available on, the EVRLAND platform. At certain times, the App will auto-configure your experience in the App based on your mobile device capability and also the VR Experience settings on the EVRLAND Site. The performance of VR Experiences will vary based on Your mobile device and headset used to view the VR Experience. EVRLAND will support third-party VR-capable mobile devices and headsets in its sole discretion. Use of the EVRLAND Site and any content available through the EVRLAND Site is subject to EVRLAND’s Terms of Use (available at http://evr.land/terms-and-conditions/).
  4. Free Trials (i.) Your EVRLAND subscription may start with a free trial. The free trial period of your subscription lasts for one month, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service. (ii.) Free trial eligibility is determined by EVRLAND at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent EVRLAND subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent EVRLAND subscription to determine eligibility. For combinations with other offers, restrictions may apply. (iii.) We will charge your Payment Method for your monthly subscription fee at the end of the free trial period and your subscription will automatically renew monthly unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, visit our website and click the “Join” link on the “Home” page.  You may also review pricing in the App store and through the EVRLAND app.
  5. Billing and Cancellation (i.) Billing Cycle. The subscription fee for the EVRLAND service or any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription until your subscription is cancelled. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.  To cancel your subscription through iTunes App Store, go to Settings > iTunes & App Store, Tap your Apple ID at the top of the screen, tap View Apple ID, Tap Subscriptions, Tap EVRLAND, Tap Unsubscribe. You may also email us directly at contact@evr.land to request cancellation.  

           To cancel a recurring subscription or donation through Paypal:

           Log in to your PayPal account.

           Click Profile at the top of the page.

           Click My Money then click Update beside my pre-approved payments 

           to find your payment.

           Select the payment, and then click Cancel.

          We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. (ii.) Payment Methods. To use the EVRLAND service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 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. Check with your Payment Method service provider for details. (iii.) Cancellation. You can cancel your EVRLAND subscription at any time, and you will continue to have access to the EVRLAND service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods or unwatched EVRLAND content. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you signed up for EVRLAND using your account with a third party as a Payment Method and wish to cancel your EVRLAND subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the EVRLAND service through that third party. You may also find billing information about your EVRLAND subscription by visiting your account with the applicable third party.  (iv,) Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.  (v.) No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

  1. Limited License. Subject to the terms and conditions of this Agreement, EVRLAND hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App for lawful purposes solely for downloading and displaying VR Experiences, and only on a VR-capable mobile device that You own or control (and, in the case of an Apple device, only on an iPhone or other Apple device that You own or control as permitted by Apple’s App Store Terms of Service).
  2. License Restrictions. Except as expressly set forth in this Agreement, You shall not, directly or indirectly, in whole or in part: (a) copy the App, except for downloading the App from an authorized distribution channel, such as the Apple App Store, onto Your VR-capable mobile device as authorized under the license granted herein; (b) copy any VR Experience, except for downloading the VR Experience from the EVRLAND Site to the App as authorized under the license granted herein; (c) access or use any EVRLAND APP associated with the App in any manner other than through the App itself; (d) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of the App or any VR Experience (or any component thereof, including without limitation associated imagery and technology); (e) extract, or attempt to extract, any VR Experience (or any component thereof, including without limitation associated imagery and technology) from the App; (f) sell, rent, sublicense, distribute, disclose, publish, assign or otherwise transfer any rights in the App without EVRLAND’s prior written consent; (g) modify, or create derivative works based upon, the App or VR Experiences (or any component thereof, including without limitation associated imagery and technology); (h) permit any third party to benefit from the use or functionality of the App via a timesharing, service bureau or similar arrangement; or (i) take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the App or VR Experiences, or adversely affects EVRLAND’s right, title or interest in or to the App or VR Experiences. Without limiting the generality of the foregoing, You may not: (i) host any digital copy of VR Experiences (or any component thereof, including without limitation associated imagery and technology) in any place other than the App; or (ii) redistribute any digital copy of any VR Experience (or any component thereof, including without limitation associated imagery and technology) for any purpose. You acknowledge that the software code underlying the App and VR Experiences is EVRLAND’s confidential and proprietary information.
  3. Term. The term of this Agreement and the license granted herein continues until this Agreement is terminated by either party. You may terminate this Agreement at any time by discontinuing use of, and deleting all copies of, the App and any VR Experiences. This Agreement terminates automatically if You fail to comply with any of the terms of this Agreement. Upon any termination of this Agreement, You must cease use of the App and any VR Experiences and destroy all copies of the App and VR Experiences.
  4. Ownership; Feedback. At all times, EVRLAND and its licensors will retain ownership of all proprietary rights in and to the App and VR Experiences, and any copies thereof, including any copyright, patent, trade secret, trademark or other intellectual property rights therein, look and feel thereof, and any derivatives of the foregoing. EVRLAND and its licensors reserve all rights that are not specifically granted to You hereunder. EVRLAND may solicit, or You may elect to volunteer, feedback, ideas or other suggestions regarding the App (“Feedback”). You will not be obligated to provide Feedback to EVRLAND. However, if You elect to provide any Feedback, You hereby assign to EVRLAND, all right, title and interest (including, without limitation, all intellectual property rights including patent rights, copyrights and trade secrets) in such Feedback. Without additional consideration, You agree to perform all acts reasonably necessary for EVRLAND to perfect and enforce such rights.
  5. Warranty Disclaimer. THE APP IS PROVIDED “AS IS.” EVRLAND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS LICENSORS, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EVRLAND MAKES NO WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You. In the event You downloaded the App through the Apple App Store and the App fails to conform to any warranty required under applicable law, You may notify Apple, and Apple will refund the purchase price for the App to You; provided, however, that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty required under applicable law will be EVRLAND’s sole responsibility.
  6. Privacy. EVRLAND may use certain information collected through the App as generally described in EVRLAND’s Privacy Policy (available at www. EVRLAND.com/legal/privacy-policy), which is incorporated herein by reference. Through Your use of the App, You consent to the collection and use (as set forth in the Privacy Policy) of information we and our service providers collect from You, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use by EVRLAND, its affiliates and service providers, and third parties with which it has strategic relationships. Third-party distribution channels for the App, such as Google Play and the Apple App Store, may also track Your usage of the App and use and disclose such information as described in the privacy policies of such channels. Such disclosure may include disclosure of App usage to EVRLAND. Neither this Agreement nor the EVRLAND Privacy Policy will govern any such collection, use or disclosure, and we encourage You to read the posted privacy policy of these channels whenever interacting with their services. EVRLAND is not responsible for the privacy practices of these channels. The App is designed to communicate with the EVRLAND Site, and the websites of service providers who provide services in connection with the EVRLAND Site, over Wi-Fi and cellular networks, but You acknowledge that transmitting data over such networks is not 100% secure or free from risk of compromise.
  7. Technical Support. EVRLAND may, but is not obligated to, provide maintenance or other technical support for the App. EVRLAND may make changes to the App at any time without notice. Nothing in this Agreement obligates EVRLAND to support or provide You with updates or error corrections to the App. To the extent that any technical support for an App downloaded from the Apple App Store is required by applicable law, EVRLAND, not Apple, shall be obligated to furnish any such support.
  8. Third-Party Claims; Product Claims. EVRLAND shall not be obligated to indemnify, defend or hold You harmless with respect to any third-party claims arising out or relating to the App, including without limitation any claims for intellectual property infringement. Nothing in this Agreement shall be deemed an admission that any such claims may arise. To the extent EVRLAND is required by applicable law to provide indemnification relating to an App downloaded from the Apple App Store, EVRLAND, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. EVRLAND, not Apple, is responsible for addressing any of the following claims by You relating to an App downloaded from the Apple App Store: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have any such claims.
  9. Limitation of Liability. IN NO EVENT WILL EVRLAND OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF EVRLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF EVRLAND AND ITS AFFILIATES AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID TO EVRLAND BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.
  10. Health and Safety Warnings. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT OR PROPERTY DAMAGE, YOU SHALL ENSURE THAT, BEFORE USING THE APP, ALL USERS OF THE APP READ CAREFULLY ALL HEALTH AND SAFETY WARNINGS PROVIDED TO YOU BY THE MANUFACTURER OF YOUR VR-CAPABLE MOBILE DEVICE AND/OR VR HEADSET. EVRLAND RECOMMENDS THAT ALL USERS OF THE APP DO SO IN A SAFE SUPPORTED SITTING POSITION AT ALL TIMES. EVRLAND IS NOT LIABLE FOR ANY PHYSICAL, EMOTIONAL, OR PROPERTY DAMAGE OF ANY KIND THAT OCCURS WHILE USING THE APP.  USER ACCEPTS ANY AND ALL RISK BY USING THE APP AND WAIVES ALL RIGHT TO SEEK LEGAL REMIDIES FOR LIABILITY OR DAMAGES ASSOCIATED WITH THE USE OF THE EVRLAND APP.
  11. Notice to United States Government End Users. If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the App for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by installing and using the App, the App qualifies as commercial computer software and that any associated documentation qualifies as commercial computer software documentation within the meaning of the applicable acquisition regulations. The terms and conditions of this Agreement are fully applicable to the Government’s use and disclosure of the App and associated documentation, and shall supersede any conflicting terms or conditions.
  12. Compliance with Law. You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the App in violation of any applicable export laws or regulations, and You may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import laws.
  13. Governing Law; Venue. This Agreement shall be interpreted in accordance with the laws of the state of California without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Los Angeles County, California, and the parties specifically consent to Los Angeles County, California, as the exclusive venue for any such proceeding. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
  14. Miscellaneous. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed to the extent necessary to make it enforceable so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without EVRLAND’s prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. The parties acknowledge and agree that a material breach of this Agreement adversely affecting EVRLAND’s proprietary rights would cause irreparable harm to EVRLAND for which a remedy at law would be inadequate and that EVRLAND shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Subject to Section 2, this Agreement is the complete agreement between EVRLAND and You concerning Your use of the App, and supersedes any and all prior agreements and representations between EVRLAND and You related to the same subject matter. Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (a) if to EVRLAND, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to EVRLAND, 1815-B Centinela Ave., Santa Monica, CA  90404, Attn: Legal Notices; or (b) if to You, by in-App notification, email, or by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier to Your mailing address set through PayPal. No amendment of any provision of this Agreement shall be effective unless made in accordance with preliminary paragraphs hereof or set forth in a writing signed by a representative of EVRLAND and You, and then only to the extent specifically set forth therein.
  15. Contact. If You have any questions regarding the App or this Agreement, please contact us at contact@evr.land

TERMS OF USE

BY USING OUR WEBSITE OR iOS APP (“Services”), YOU ARE AGREEING TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

Last Updated January 1st, 2018

EPICENTER VR, INC. d/b/a EVRLAND reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. We recommend that you check these Terms of Use periodically for changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes.

Ownership of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, proprietary Playback Engine and authoring tools (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on our Services is owned, controlled or licensed by or to EVRLAND, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Your license to use our Services is limited by these Terms of Use. All Content made available on our Services is the copyrighted work of EVRLAND and/or its licensors. EVRLAND hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use our Services solely for the purpose of viewing and using the applicable Content and for no other purpose whatsoever.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, any information, software, products or services obtained from our Services, without the express written consent of EVRLAND. You may not reverse engineer, decompile or disassemble any Content, including EVRLAND’ proprietary Playback Engine and authoring tool.

As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Use. You may not use our Services in any manner that could damage, disable, overburden, or impair any EVRLAND server, or the network(s) connected to any EVRLAND server, or interfere with any other party’s use and enjoyment of our Services. You may not attempt to gain unauthorized access to the Content, other accounts, computer systems or networks connected to any EVRLAND server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content.

Registration

We may require you to have a unique user name and password combination in order to use certain features and functions of the Site. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with EVRLAND, you agree to allow our staff to contact you at your personal email address about your activity on the Site.

Charges and Billing

EVRLAND will charge subscription fees to access the Service. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Unless otherwise indicated, subscriptions will automatically renew at the end of their term. Prices, fees, and promotional offers are subject to change at any time.

Safety

Users claims full responsibility for any injuries or illness that may come about through use of EVRLAND products.  User acknowledges that prolonged exposure to Virtual Reality product such as EVRLAND may lead to illness, such as nausea, or vision impairment.  User acknowledges that walking or standing while wearing EVRLAND headset is prohibited, and that any injury sustained during aforementioned activity is the responsibility of user.

Privacy Policy

EVRLAND’ Privacy Policy applies to the use of our Services and to information we may collect about you, and its terms are made a part of these Terms of Use by this reference.

Disclaimer

EVRLAND DOES NOT PROMISE THAT OUR SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. OUR SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION AND CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EVRLAND CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EVRLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVRLAND DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES. YOUR SOLE REMEDY AGAINST EVRLAND FOR DISSATISFACTION WITH OUR SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 

Limitation of Liability

Except where prohibited by law, in no event will EVRLAND be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if EVRLAND has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, EVRLAND is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Services or any Content, EVRLAND’s liability shall in no event exceed greater than the total of any subscription(s) paid in the six (6) months prior to the date of the initial claim made against EVRLAND. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless EVRLAND, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to our Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. EVRLAND reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with EVRLAND in asserting any available defenses.

Dealings with Third Party Service Providers

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that EVRLAND shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on our Services.

Third Party Hyperlinks

EVRLAND does not review or monitor any websites linked to the Site, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by EVRLAND, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and EVRLAND does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, EVRLAND is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither EVRLAND nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, EVRLAND will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.

Miscellaneous

These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through another website such as, but not limited to, Apple iTunes or Android Market.

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Use or any other matters related to this Network shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against EVRLAND arising out of or related to use of our Services or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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