TERMS AND CONDITIONS

Updated November, 2024

EVOX IMAGES TERMS OF SERVICE


Welcome to the EVOX images website (referred to herein as the “site”) (we refer to the site and the services provided through the site, collectively, as the “EVOX features”). These terms of service (“terms of service” or “Terms”) set forth an agreement between you and EVOX Productions, LLC (“EVOX”) governing your use of the EVOX features. By accessing this site, you signify your irrevocable acceptance of these terms of service.

EVOX has the right to modify or update these terms of service at any time without providing notice. Any additional or different terms in these terms of service shall be effective upon being posted on the site. Your continued use of any of the EVOX features following the posting of any additional or different terms in these terms of service constitutes your irrevocable acceptance of those additional or different terms.

Proprietary Rights

All material (“materials”) displayed or transmitted on the site including, but not limited to, text, photographs, images, illustrations, video clips, audio clips, and graphics and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world are owned or licensed by EVOX, and are protected by united states and international intellectual property laws and treaties. Except as provided in these terms of service, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, edit, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials, nor may you infringe any of the copyrights or other intellectual property rights contained in the materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary rights notices or legends from the materials. You may not archive or retain any of the materials accessed on the site without the express written permission of EVOX. You acquire no rights or license whatsoever in the materials other than the limited right to use the site in accordance with these terms of service. Any of the materials accessed from the site must be accessed or downloaded in accordance with these terms of service. EVOX reserves all rights not expressly granted under these terms of service. EVOX Productions, LLC reserves the right to pursue unauthorized users of its materials, including without limitation, any unauthorized use of its individual copyrighted images, video clips and graphics contained therein, each of which have independent economic value.  These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this misappropriation, or alternatively, for statutory damages of up to $150,000 per infringed work, plus all costs and attorneys fees.

Prohibited uses

You agree you will not: (i) use the EVOX features for any purpose that is prohibited by any law or regulation; (ii) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the site, any data or content found on or accessed through the site, or any other EVOX information without prior express written consent of EVOX; (iii) obtain or attempt to obtain through any means any information on the site that has not been made publicly available either by public display on the site or through accessibility by a visible link on the site; (iv) violate any measure employed to limit or prevent access to the site; (v) violate the security of the site or attempt to gain unauthorized access to the site (or any data, materials, information, computer systems or networks connected to any server associated with the site), through hacking, password mining or any other means; (vi) impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; (vii) interfere with, attempt to interfere with, or otherwise disrupt the proper working of the site, any activities conducted on or through the site, or any servers or networks connected to the site; or (viii) take or attempt any action that, in the sole discretion of EVOX, imposes or may impose an unreasonable or disproportionately large load or burden on the site or the infrastructure of the site.

Links to other websites

EVOX may provide links to other internet websites and resources and, if it does so, they are provided merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by EVOX of such websites or any content contained therein. You acknowledge and agree that EVOX is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by EVOX or by any user or third party.

Warranty disclaimers

The site and the EVOX features are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the full extent permissible under applicable law, EVOX specifically disclaims all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement.

EVOX makes no representation or warranty that (i) the site or the EVOX features will meet your expectations or requirements, (ii) the site or the EVOX features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the site or the EVOX features will be accurate, timely, complete or reliable, (iv) any errors or defects in the site or the EVOX features will be corrected, or (v) the site and the EVOX features and/or the server that makes the site and the EVOX features available are free of viruses, clocks, timers, counters, worms, software locks, trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the site and the EVOX features may be interfered with by numerous factors outside of EVOX’s control including, but not limited to, telecommunications network disruptions. EVOX is not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the site or the EVOX features.
You acknowledge that the entire risk arising out of the use or performance of the site or any of the EVOX features remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site or any of the EVOX features is to discontinue use of the site and the EVOX features.

Limitation of liability

In no event shall EVOX or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, the inability to use, or reliance on the site including, but not limited to, the EVOX features, or the content, materials and functions related thereto, including, without limitation, loss of revenue, anticipated profits, business, programs or information, even if EVOX or such person or entity has been advised of the possibility of such damages and regardless of the form of action. Except in the case of the gross negligence or intentional misconduct of EVOX, in no event shall the total liability of EVOX to you or any third party for all damages, losses, and causes of action (whether in contract or tort including, but not limited to, negligence or otherwise) exceed one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold EVOX and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors and officers, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the site or any of the EVOX features, (ii) your breach or alleged breach of these terms of service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the site or any of the EVOX features, or (iv) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from your use of any of the EVOX features.

Privacy Policy

Please be sure to read our Privacy Policy, which is incorporated herein by reference.

Miscellaneous

These terms of service, and any other agreement regarding the EVOX features between you and EVOX, constitute the entire agreement between you and EVOX with respect to your access and use of the site and the EVOX features and supersede all prior and contemporaneous agreements between you and EVOX. If any of the provisions of these terms of service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. EVOX’s failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. These terms of service shall be interpreted, and your performance hereunder shall be governed, by the laws of the state of California, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the site or the EVOX features, that you and EVOX will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Contact Us

If you have any other questions about these terms of service or your rights or EVOX’s obligations relating to any of the EVOX features, please email us at info@evox.com.

EVOX Images
Attn: Webmaster
13433 Benson Av.

Chino, CA, 91710
(310) 605-1429