Terms of Service Last Updated: August 8, 2024 Welcome to https://evolvarts.com ("Website"), operated by EvolvArts ("Company"). These terms and conditions ("Terms") govern your use of our Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using or accessing this website. 1. Acceptance of Terms By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Website. 2. Changes to Terms We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. 3. Eligibility All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Website. This software is intended for use only by individuals and entities located in the United States. By using this software, you represent and warrant that you are located within the United States. Access to and use of the software from outside the United States is prohibited. The company reserves the right to terminate or suspend access to the software for users who are found to be located outside the United States. 4. Use of the Website Permitted Use: You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal and internal business purposes. Prohibited Use: You agree not to: Use the Website for any unlawful purpose or in any way that violates any applicable local, state, national, or international law. Engage in any activity that disrupts or interferes with the Website's operation or security. Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website. Use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Website. Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website; Remove any copyright or other proprietary notations from any materials and software on this website; Transfer the materials to another person or “mirror” the materials on any other server; Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks; Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; Use this website or its associated services in violation of any applicable laws or regulations; Use this website in conjunction with sending unauthorized advertising or spam; Harvest, collect, or gather user data without the user's consent; or Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties. 5. Intellectual Property Rights All content on the Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of the Company or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, or otherwise exploit any content on the Website without the prior written consent of the Company. 6. User-Generated Content By submitting any content to the Website, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in a manner consistent with our Privacy Policy. You represent and warrant that you own or have the necessary rights to the content you submit, and that the content does not violate any third party's rights, including intellectual property rights, privacy rights, or any other rights. The Company reserves the right to remove or edit any user-generated content at its discretion. 7. Third-Party Links The Website may contain links to third-party websites or services that are not owned or controlled by Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that the Company is not responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services available on or through any such websites or services. 8. Disclaimer of Warranties The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 9. Limitation of Liability To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Website. The Company's total liability to you for any claim arising out of or relating to these Terms or the Website shall not exceed the amount paid by you, if any, to Company for accessing and using the Website. 10. Indemnification You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your use of the Website or your violation of these Terms. 11. Termination The Company reserves the right to terminate or suspend your access to the Website, without notice and for any reason, including but not limited to a breach of these Terms. 12. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in King County, Washington. 13. Contact Information If you have any questions or concerns about these Terms, please contact us at: EvolvArts support@evolvarts.com