EVO Terms of Service

The effective date of this Agreement is July 7, 2007.

By using the EVO Services (as defined below) which are owned and operated by EVO Media, Inc. ("EVO") and by accessing the EVO Site located at http://www.evo.com, and all linked pages owned and operated by EVO (the "EVO Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service"). EVO's on-line services which are available at the EVO Site will, among other things, help you find businesses/services you are looking for by allowing you to get information from other EVO users, post and share feedback with EVO users, and view third party postings regarding similar businesses/services ("EVO Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the EVO Site and EVO Services. Please read these Terms of Service carefully. Your access to or use of the EVO Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the EVO Service.

Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of EVO or use the EVO Site and EVO Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the EVO Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the EVO Service is void where prohibited by applicable law, and the right to access the EVO Site is rked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the EVO Site and/or EVO Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The EVO website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.

Changes to the Agreement or the EVO Services.
You agree and understand that these Terms of Service, the EVO Site and the EVO Services may be modified by EVO at any time without prior notice, and such modifications will be effective upon EVO's posting of the new terms and/or upon implementation of the new changes on the EVO Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the EVO Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by EVO, any new features, new services, enhancements or modifications to the EVO Service implemented after your initial access to the Service shall be subject to these Terms of Service.

Registration and Security.
In order to use or access some of the EVO Services, you may be required to register with EVO and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide EVO with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. EVO reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the EVO Service shall be for your personal use only. You agree to (a) immediately notify EVO of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the EVO Site to search the EVO database for business contact information; forward businesses and products to people you know, whether or not they are existing EVO users; invite people you know to join EVO; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the EVO Service ("Content"), and other items displayed on the EVO Site, for your own use. You may not copy or distribute any portion of the EVO Site and/or EVO Service for any purpose not authorized above without the express written permission of EVO. EVO does not control the Content posted by third parties via the EVO Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the EVO Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EVO be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the EVO Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the EVO Site and/or EVO Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the EVO Site and/or EVO Service or in or on any Content or other material obtained via the EVO Site and/or EVO Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the EVO Site and/or EVO Service;
- access, retrieve or index any portion of the EVO Site and/or EVO Service for purposes of constructing or populating a searchable database of business content;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share feedback with other EVO users or members;
- reformat or frame any portion of the web pages that are part of the EVO Site and/or EVO Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the EVO Site and/or EVO Service or otherwise interfere with other user's or member's enjoyment of the EVO Site and/or EVO Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the EVO Site or EVO Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the EVO Site for other than your own use;
- use any device, software or routine that interferes with the proper working of the EVO Site and/or EVO Service, or otherwise attempt to interfere with the proper working of the EVO Site and/or EVO Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use any Content marked as obtained from or belonging to Acxiom except in compliance with the additional terms specified below;
- use the EVO Site and/ or EVO Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Copyright Dispute Policy.
EVO has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of EVO's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
- EVO Policy.
  It is EVO's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements.
  If you believe that material or Content residing on or accessible through the EVO Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that EVO is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, email address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is EVO's policy:
  1. to remove or disable access to the infringing material;
  2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
  3. that for repeat offenders, EVO will also terminate such Content provider's, member's or user's access to the service.
- Procedure to Supply a Counter-Notice to the Designated Agent.
  If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
  1. A physical or electronic signature of the Content provider, member or user;
  2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which EVO is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- Removal.
  If a counter-notice is received by the Designated Agent, EVO may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at EVO's discretion.
- Address for Designated Agent. Please contact EVO's Designated Agent to Receive Notification of Claimed Infringement at the following address:
  
  Mark Eastwood
  Copyright Agent, EVO Media, Inc.
  1112 Montana Ave, Suite 452, Santa Monica, CA 90403
  Phone: (310) 458.3111
  Fax: (310) 458.3191
  Email to: legal@evo.com

Venue Only.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the EVO Service, such activity is solely between you and the applicable third party. EVO shall have no liability, obligation or responsibility for any such activity. You hereby release EVO from all claims arising from such activity.

Privacy.
Use of the EVO Site and/or the EVO Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.evo.com/privacy-policy

Term.
These Terms of Service will remain in full force and effect while you use the EVO Site and/or EVO Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms of Service.

Ownership.
The EVO Site and EVO Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the EVO Site and EVO Service are also copyrighted works. Except for the Content submitted by members or users, the EVO Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by EVO or its licensors. You acknowledge that the EVO Service and any underlying technology or software used in connection with the EVO Service contain EVO’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the EVO Site, or EVO Services in whole or in part except as expressly provided in EVO’s policies and procedures made available via the EVO Service. Except as expressly and unambiguously provided herein, EVO and its suppliers do not grant you any express or implied rights, and all rights in the EVO Service not expressly granted by EVO to you are retained by EVO.

Disclaimer.
THE EVO SITE IS PROVIDED BY EVO ON AN "AS IS" BASIS. EVO AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE EVO SITE, EVO SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE EVO SITE OR IN ASSOCIATION WITH THE EVO SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EVO AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVO AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE EVO SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EVO IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE EVO SITE. EVO does not warrant or covenant that the EVO Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the EVO Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the EVO Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM EVO, THE EVO SITE OR THROUGH OR FROM THE EVO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability.
EVO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond EVO's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, EVO AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO EVO FOR THE EVO SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity.
You agree to indemnify and hold EVO, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the EVO Site, (ii) your use of the EVO Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Content Providers.
With respect to any Content marked as Content obtained from or belonging to Acxiom, the following applies: This information is proprietary to Acxiom Corporation and is protected under U.S. copyright laws and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such Acxiom information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.

Miscellaneous.
If there is any dispute about or involving the EVO Site and/or the EVO Service, by using the EVO Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind EVO in any respect whatsoever. EVO may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the EVO Service. These Terms of Service, accepted upon use of the EVO Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and EVO regarding the use of the EVO Site and/or the EVO Service. The failure of EVO to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with EVO's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include EVO's acceptable use policy for Content posted on the EVO Site, EVO's Privacy Policy, and any notices regarding the EVO Site.

Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@evo.com.