Explore by Evolve App - Terms of Use

TERMS OF USE

Evolve Skateboards Pty Ltd ACN 163 891 469 (‘Evolve’)

1.         Introduction

• These terms of use (‘Terms’) set out the relationship between you and Evolve Skateboards Pty Ltd ACN 163 891 469 (‘Evolve’) regarding your use of Explore by Evolve (‘Application’).

• By downloading the Application, you agree to these Terms and any additional terms, conditions, notices and disclaimers located on the Application. If you do not agree to these Terms, do not download or use the Application.

• The Application should only be used by individuals aged eighteen (18) or older. If you are under the age of eighteen (18), you should review these Terms with your parent or guardian to make sure you and your parent or guardian understand them fully.

• You can access these Terms at any time at www.evolveskateboards.co.uk We reserve the right, at our sole discretion, to change, modify, add or remove any of the Terms, by posting changes on www.evolveskateboards.co.uk Your continued use of the Application after changes are posted constitutes your acceptance of the amended Terms.

2.         User Licence

• Subject to these Terms, Evolve grants you a non-exclusive, non-transferable, limited and revocable licence (‘User Licence’) to use the Application for your own personal/non-commercial use. You agree not to use the Application for any other purpose. The User Licence is granted to you subject to your full compliance with these Terms.

• Except as set out in clause 2.1 above, you do not receive any other licence and Evolve retains all right, title and interest in and to the Application. Evolve owns at all times all copyright, trade marks, code, software, themes, names, storylines, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Application. The Application must not be copied, reproduced or distributed in any manner on any platform without Evolve’s prior written consent, which will be granted or withheld in Evolve’s sole discretion.

• The User Licence ends on the earlier of you deleting your Account or Evolve’s termination of your User Licence in accordance with these Terms.

3.         Your obligations

• You must not:

(a)       hack or interfere with the Application in any way;

(b)       infect the Application with any viruses;

(c)       engage in unlawful acts including harassing or stalking other users;

(d)       encourage others to use the Application to undertake illegal activity;

(e)       publish any content that:

(i)         infringes third party rights (including intellectual property rights);

(ii)        spams other users;

(iii)      is defamatory or offensive;

(iv)      is threatening or violent; or

(v)       is hate speech or harassment;

(f)         use the Application for any commercial purpose without Evolve’s prior written consent;

(g)       impersonate any other person in your use of the Application;

(h)       post another person’s personal information or data through the Application without that person’s consent;

(i)         use the Application in connection with the actual or attempted contravention of any laws;

(j)         use the Application in a way that infringes the intellectual property rights of any person;

(k)       breach these Terms or additional Terms or requirements as notified in the Application; or

(l)         breach any third party rights.

• You are responsible for ensuring that the installation and use of the Application does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

• You are responsible for taking reasonable steps to protect your Account log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not.

• You must comply with the terms of use of the relevant digital storefront where you obtained the Application (e.g. Apple App Store or Google Play Store).

• You must comply with any applicable third party terms of use when using the Application (e.g. Facebook’s terms of use).

• Information you provide to Evolve must be true, accurate, not misleading and complete at all times.

• To use the Application you must:

(a)       not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;

(b)       not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and

(c)       comply with the laws that apply to you in the location that you access the Application from. If any laws applicable to you restrict or prohibit you from using the Application, you must comply with those legal restrictions or, if applicable, stop accessing and using the Application.

4.         Intellectual Property

• All intellectual property rights in the Application, including design, text, graphics, logos, icons, sound recordings and all software relating to the Application belong to or are licensed by Evolve. These intellectual property rights are protected by Australian and international laws.

• You may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another application or website or create derivative works from any part of the Application or commercialise any information obtained from any part of the Application without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.

• The Application may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant Evolve a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.

5.         Privacy

• In order to use some functions of the Application, you may be required to provide some of your personal information including, but not limited to, your full name and country location. You do not need to provide your personal information to use the Application generally.

• You may also choose to allow your personal information to be collected from a third party social network (e.g. Facebook). Any personal information collected through a third party social network may also be subject to the policy of any social network that you may agree to link the Application to. It is not necessary to link a third party social network to the Application to use the Application generally. If you agree to link a third party social network to the Application, you give Evolve permission to use any information which that social network shares with Evolve that will allow Evolve to personally identify you including but not limited to, your full name, profile photo and country location. You also grant Evolve permission to help your contacts on the social network find you so that you can use the Application socially. This is intended to make the Application more enjoyable for you and others that use the Application on that social network. If you do not agree to these practices you should not allow the Application to interact with your social network.

• We may use cookies, or similar technologies, to store certain types of information each time you use the Application. They may for example be used to help Evolve recognise your device and to ensure that your Account is accessed by the person that inputs the correct log in details for that Account. You can find out more about how cookies are used by Evolve by reading the Privacy Policy.

• Some functionality of the Application such as location based services and functionality, may require the transmission of information provided by you, including GPS location (‘User Information’). If you use such Application functionality, you consent to the transmission of your User Information to Evolve, its agents and/or service providers and you authorise Evolve, its agents and/or service providers to record, process and store your User Information as necessary for the Application functionality.

• You agree that your personal information and User Information will be collected, processed, used and shared in accordance with Evolve’s Privacy Policy, these Terms, and as you otherwise consent.

6.         Third Party Websites and Applications

• The Application may provide links to or allow you to interact with other websites or applications which are owned or operated by third parties. Links to other websites or applications are provided for your convenience. Evolve does not control these other websites and applications and Evolve cannot be responsible for the content, accuracy or functionality of third party websites and applications. Unless expressly stated on the Application, the provision of a link to a third party website or application does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. Evolve is not liable for any damages or injury arising from your access or use of third party websites or applications.

• By clicking on a link to a third party website or application, you consent to Evolve disclosing your relevant personal information with Evolve’s software provider and the operator of the third party website or application for the purpose of processing your request to link to the third party website or application. Evolve will disclose such personal information in accordance with its Privacy Policy.

• If you choose to leave the Application via links to third party websites or applications, including advertisers, Evolve is not responsible for the acts, omissions or privacy practices of those websites or applications.

7.         Security

• Evolve does not warrant and cannot ensure the security of any information which you transmit to it through the Application. Accordingly, any information that you transmit to the Application is transmitted at your own risk. If you become aware of any problems with the security of your data or the Application, please contact Evolve immediately.

8.         Limitation of Liability and Disclaimer

• To the fullest extent permitted by law, the Application is provided to users “as is” and Evolve does not make any representation or warranty of any kind, either express or implied, including any warranties that the Application is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Application by you is in compliance with laws applicable to you or that your information transmitted in connection with the Application will be successfully, accurately or securely transmitted.

• You agree to use the Application at your own risk. To the fullest extent permitted by law, Evolve cannot be liable for:

(a)       your use of or reliance on the Application under any circumstances, including negligence or misrepresentation (excluding fraudulent misrepresentation); or

(b)       any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Application.

9.         Indemnity

• You agree to indemnify Evolve for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Application, any information that you provide to Evolve via the Application or any damage that you may cause to the Application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010(Cth).

10.       Termination of Account

• Evolve reserves the right to limit, suspend, terminate, modify or delete your Account if you, or Evolve suspects that you are, failing to comply with these Terms or for any actual or suspected illegal or improper use of the Application, with or without notice to you.

• You agree that if your Account is deleted (by Evolve or by you) in accordance with these Terms, you may lose access to any User Content or other data including, without limitation, the level or scoreyou have reached in the Application.

• For clarity, in the event your Account is deleted or terminated (by Evolve or by you) your User Licence is also terminated.

11.       General

11.1    Assignment

Evolve may transfer all or part of their rights or responsibilities under these Terms without obtaining your consent. You may not transfer any of your rights under these Terms without Evolve’s permission in writing.

11.2    Severability

If any of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11.3    Waivers

Evolve’s failure to exercise or enforce any of its rights under these Terms does not waive Evolve’s right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Evolve.

11.4    Governing law and jurisdiction

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia. If you access the Application in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

11.5    Force Majeure

Notwithstanding anything else contained in these Terms, Evolve is not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond Evolve’s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

12.       Definitions

• In these Terms, unless the context otherwise requires, the following words have the following meaning:

Account means an account registered by a user to use certain functions of the Application.

Evolve means Evolve Skateboards Pty Ltd ACN 163 891 469 of 1/15 John Duncan Court, Varsity Lakes QLD 4227 Australia.

Intellectual Property means all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

Privacy Policy means the Privacy Policy published by Evolve from time to time accessible at www.evolveskateboards.co.uk.

User Content means any content generated, created, made or otherwise brought about as a result of using the Application. In the context of user interaction, this includes any communications, images, sounds and all the material, data and information that you upload or transmit through the Application.