Terms Of Service

Introduction

This website, www.evamore.co, its sub-domains, and all software, feeds, and services provided therein, or through affiliated third parties (individually and collectively, the “Site”) are published and maintained by EVAmore, Inc., a Tennessee Limited Liability Company (“Company”). Please read the following terms of service (“Terms”) fully and carefully before using the Site. The Terms constitute a legally binding agreement and exclusively governs the use of the Site by users (including Producers and Artists, as those terms are defined herein) (“You”, “Your”).

By accessing, browsing, contributing, viewing, registering, or otherwise using the Site and/or Service (as defined herein), You unconditionally accept and agree to be bound by the Terms. If You do not agree to these Terms, You are not granted permission to enter into or use the Service for any purpose, and You must immediately cease using and leave the Site and Service.

The Terms are effective as of, and were last updated on, September 16, 2016. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on Company’s website. You are encouraged to frequently visit this website from time to time to review current Terms. Notwithstanding the foregoing, Company will attempt to notify You in advance of any changes to the Terms. Notice of any new or revised Terms will appear online at www.evamore.co/tos. Your continued use of the Site and/or Service following any changes to the Terms shall be deemed Your acceptance of all changes and Your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: support@evamore.co.

The Terms are written in English (USA). Company may make these Terms available to You in languages other than English through third party translation services, such as Google Translate. Such translations of any materials into a language other than English are intended solely as a courtesy to You and for the convenience to non-English reading users. Company does not warrant or represent to the accuracy of any such translations, and You acknowledge that such translations may contain differences due to the difficulty in translating languages. You acknowledge and agree that the English (USA) version of the Terms found on www.evamore.co/tos shall be the controlling version of the Terms in the event of a discrepancy, and shall exclusively govern the entire relationship between Company and You.

The Site and/or Service may contain links to third party content, including, without limitation, other websites, for the convenience of visitors or for advertising purposes, which Company has not reviewed. Company linking to third party content does not imply an advertisement or endorsement of any service, product, or otherwise, provided by such third party. Company is not responsible for any third party content linked to or from the Service and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party web site, or the quality of products of services provided by or advertised on such third party website. Your use of any third party content is at Your own risk, and subject to the terms and conditions of such third party’s website. Company encourages You to review the terms and conditions and privacy policy of any third party website that You visit.

The Service

Company provides an online marketplace where buyers of entertainment (the “Producer(s)”) and musical artists (the “Artist(s)”) can find each other and engage in a transaction (the “Service”). Specifically, Company’s Service involves platform whereby Producers and Artists can agree to terms for a live performance (“Performance”) and through which Producers can pay Artists for the Performance.

The Service is accessible worldwide, unless otherwise specified by Company. Company makes no representation that the Service is suitable for use in any location. Content (as defined below) may not be available in Your particular country, state or locality, and the reference to any Content within the Service does not imply or warrant that the Content will be available at any time in Your particular location. Those who access the Service do so at their own volition and are responsible for compliance with local laws.

Intellectual Property

Company Content

As between You and Company, Company owns, licenses, or is authorized to use or exploit all audio, video, images, software, text, scripts, artwork, trademarks, service marks, data, proprietary rights, and other materials, including, without limitation, the selection, coordination, arrangement, and organization of all material, found on the Service (the "Content"). For the avoidance of doubt, the foregoing does not imply that Company owns the copyright in or to any user-generated content and Company acknowledges that the author of such user-generated content is the exclusive owner of the same and Company’s rights thereto are a non-exclusive license as contemplated by these Terms.

The Site, Service, and Content are protected by, without limitation, the United States Copyright Act, the Lanham Act, various international conventions and treaties, and other applicable international copyright, trademark, and intellectual property laws. Third parties and not Company may hold copyright, trademark, and other proprietary rights in and to certain Content. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site, Service, Content, or user-generated content (such as third party Artist Materials, defined below), unless otherwise explicitly permitted by these Terms or law. Any unauthorized activities that infringe upon the intellectual property rights of Company, or its affiliates (such as third party content providers), is expressly prohibited, and all rights in and to the Content are expressly reserved to the respective owner of such Content. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any Content without the express written permission of Company, or its affiliates. Any unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject You to civil liability under copyright laws, trademark laws, the laws of publicity or privacy, and other civil and criminal statutes, rules, or regulations.

Artist Materials

By submitting biographical information, photographs, audio, and/or video files (collectively, “Artist Materials”), through the Service, Users who are Artists hereby grant Company, and its affiliates, a worldwide, non-exclusive, perpetual, royalty-free license to access, advertise, display, exhibit, perform, promote, use, view, and otherwise exploit the Artist Materials in connection with the Service and its advertisement, and to use Your name and likeness either alone or in association with Company’s trademarks in order to promote Company’s Site and Service and to denote You as an “EVA Artist”. Company’s rights in the Artist Materials shall continue until six (6) months following Your notice to EVA in writing that You no longer wish to be listed on the Site. Prior to the end of such six-month period, Company shall remove all of Your Content from the Site. Notwithstanding the foregoing, Company shall have, and You hereby grant Company, a perpetual non-exclusive license to Your name and likeness for archival purposes and to display on any portion of its Site that lists prior Artists or prior Performances.

Accounts

In order for You to access some or all of the Service, You must create an EVAmore account (“Account”). You may do this on Company’s website at the following address: www.evamore.co. When creating an Account, You will be directed to where You may review these Terms before You are permitted to register.

When registering an Account, You must provide Company with accurate and complete information, which may include, but is not limited to, Your legal name, email address, and telephone number (“Data”). Company will use, store, and share Your Data in accordance with EVA’s Privacy Policy.

You are also required to authenticate Your Account through entering a username and password prior to Your use of the Service. You are solely responsible for activity that occurs on Your Account, keeping Your username and password secure, and You must notify Company immediately upon any breach of security or unauthorized use of Your Account. If You use the Service on a public computer, or unprotected mobile device, You acknowledge it is Your responsibility to log out of the Service.

Through creating an Account, or otherwise using the Service, You authorize Company, from time to time, to electronically communicate with You in order to provide information concerning Your Account or the Service.

You may cancel Your Account at any time by following instructions found on Your Account page. Termination of Your Account will also terminate Your access to certain Content. Regardless of Account cancellation, You remain liable to Company for all amounts due to Company pursuant to Your use of the Service.

Company reserves the right to terminate a user’s Account and/or access to the Service if a user is determined, in Company’s sole discretion, to violate the Terms herein, or for any reason whatsoever or for no reason. Regardless of Account termination, You remain liable to Company for all amounts due to Company pursuant to Your use of the Service.

Artist Account – Additional Requirements

In order to be listed as an “EVA Artist” on the Site, You must provide upload certain Artist Materials, consisting of at least one (1) photograph, as well as the biographical information required by the Site. EVA may also require or permit You to upload high-quality audio or video files of You performing Your music.

Producer Account – Additional Requirements

In order to be listed as an “EVA Producer” on the Site, You may be required to provide additional information about Your organization and the venue for any Performances, as required by the Service. Photographs of the Producer’s venue may be required as well.

Use of Service

Subject to Your full compliance with all Terms and full payment of all fees and charges pursuant to Your use of the Service, Company grants You permission to access and use the Service. Company reserves the right, in Company’s sole discretion, to change how it operates the Service at any time for any reason whatsoever. Generally, You may access Content on, and submit Content to, the Service. You are solely responsible for Your use of the Service and for Data, Artist Materials and/or other user-generated content You may submit to the Site.

Company strives to provide accurate descriptions of all Producers, Artists, and Artist Materials found in or on the Service, and encourages its users to provide for accurate descriptions of all Data and Artist Materials uploaded or submitted to the Service; however, Company does not warrant the descriptions of all user-generated content are complete, error-free, or accurate. Notwithstanding the foregoing, every attempt is made to provide You with complete, error-free, and accurate information. If You believe there are any discrepancies, please contact company at support@evamore.co.

Company does not endorse, nor offer any opinions, on any Content submitted to the Service by a user or other affiliate, nor does Company endorse or offer any opinions on the content contained. You also understand that by using the Service, You may encounter user-generated content (including Artist Materials) You or the general public may deem offensive, indecent, or objectionable. Company does not review all Content on the Service and is not liable to You for any offensive, indecent, or objectionable Content.

Company may add, change, discontinue, remove, or suspend user-generated content (including Artist Materials) posted to the Service at any time, without notice to You and without any liability.

Each time You enter into an agreement regarding a Performance via the Service, You will be deemed to enter into a separate agreement with Company for the applicable Performance.

Company makes no guarantee to Artists that use of the Service guarantees that a Producer will enter into an agreement with that Artist for a Performance.

By using the Service, You expressly agree that Company is authorized to, and may, charge You any applicable services fees in connection with Performances, taxes associated therewith, and other charges that may occur through Your use of the Service. Such fees and charges in connection with Performances will be automatically charged to Your Account at the time of the Performance booking, and are non-refundable once the Performance has taken place. Sometimes, You may pay Company via third party payment services, such as Apple Pay, Paypal or Google Wallet, and You agree to abide by any third party terms of service in regards to such third party payment services. You agree to pay all fees and charges to Company in a timely manner.

You shall have the option of selecting a payment method within Your Account, and agree Company may store any payment information You supply to Company, including, without limitation, credit card numbers.

Refunds will be extended in Company’s sole discretion. Company may, from time to time, offer promotional credits, free trials, or rebates. All promotional credits, free trials, or rebates extended by Company, or its affiliates, to You are for Your own personal use and are non-transferrable.

Company may, from time to time, use various technologies to verify Your compliance with the Terms and You consent to Company using any monitoring or other analogous technology associated with monitoring Your access to the Service.

Performances

In the event that a Producer and Artist enter into an agreement via the Service regarding a Performance (“Performance Agreement”), You (the Producer or the Artist, as the case may be) hereby represent and warrant that You will comply with the terms of that Performance Agreement.

Artists have the right to refuse any Performance Offer. In the event that an Artist chooses to accept a Performance offer and enter into a Performance Agreement, the Artist hereby agrees that the Artist will comply with the terms of that Performance Agreement to the best of the Artist’s ability.

Producers agree to comply with all laws and regulations associated with the production of any Performance, including but not limited to obtaining all required permits and licenses, as applicable. Producers are solely responsible for all costs and obligations associated with the production of any Performance, including but not limited to, permits and licensing requirements, promotion, marketing, equipment, set-up and clean-up.

Company will endeavor to ensure that all Producers comply, however, Company assumes no responsibility for the quality, safety or legality of the environment or conditions of any Performance.

Representations and Restrictions:

You accept and agree to abide by all Terms herein and are under no disability, or other restriction, which prevents Your ability to enter into, perform in accordance thereof, and comply with all Terms herein, as well as the terms of any and all Performance Agreements into which You enter in Your individual capacity or on behalf of a company, organization, band, or group, as applicable.

You hereby warrant and represent that You have the authority to enter into agreements on behalf of Your company organization, band, or group, as applicable, including but not limited to these Terms and any Performance Agreements into which You enter via the Service.

You hereby warrant and represent are at least 18 years of age, and if You are under 18, may not, under any circumstance, create an Account or use the Service without parental supervision.

Your use of the Service is at entirely Your own risk and the Service is provided for “as is” and “with all faults.” Company shall have no liability to You whatsoever in the event any virus or other harmful component infects, harms, or causes damages to Your computer, cell phone, tablet, or other electronic equipment with which You access or view the Service.

You hereby warrant and represent to Company that You own all Artist Materials and any other user-generated content You upload or otherwise submit to the Site and Service and that nothing you upload or otherwise submit to the Site and Service shall infringe upon the intellectual property or other proprietary rights of any third party. You warrant and represent that You understand Company’s policy is to respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Digital Millennium Copyright Act (DMCA), as set forth above.

You agree that Your use of the Service will not violate any law or regulation, including, without limitation, copyright laws, trademark laws, patent laws, trade secret laws, and publicity and privacy laws, or interfere with any third party's use and enjoyment of Service.

You warrant and represent that You have all necessary licenses, rights, consents, and permissions to publish Artist Materials and any other user-generated content You submit to the Service, and that You will not upload or display any Artist Materials or other user-generated content for any purpose not specifically referenced in the Terms.

It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material or impersonate any persons while using the Service. Company shall have no liability to You for any inaccurate information provided by a user of the Service to Company. Company shall have no liability to You for any inaccurate information provided by a user of the Service to Company.

You represent, warrant, and agree that You will not, via the Service or otherwise, cause damage to the Service or impair the availability or accessibility of the Service, in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Service to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s computer software, hardware or telecommunications equipment; upload, post, host, or transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature; contact any other visitor or user of the Service for any illicit purpose, or who has requested not to be contacted; access the Service through unpermitted automated means, including, without limitation, via "robots," "spiders," "offline readers" or any other analogous software or code; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Service or any services provided by Company, or its affiliates.

You are responsible for all costs associated with accessing or using the Service, including, without limitation, all Internet connectivity or data transmissions fees from Your own Internet or cellular service provider. Likewise, You are responsible for any system software and/or hardware compatibility requirements for use of the Service. Company does not warrant performance of the Service, or its continuing capability, as to any software or hardware.

You acknowledge that You may not use the Service in any other way not expressly stated herein or approved in an advance writing by Company. Company explicitly reserves all rights related to the Service not specifically contemplated herein.

Disclaimer

Company does not warrant that the use of Service will not infringe the rights of any third party, and assumes no responsibility or liability arising from such use, or for any error, defamation, omission, obscenity, or danger, contained within the Service and/or via any Content. Company, and its affiliates, are not responsible for and do not guarantee the accuracy or completeness of anything contained on or within the Service, including links, or advertisements. Company, and its affiliates, reserves the right to immediately change, suspend, remove, or disable the Service for any reason or for no reason, and Company assumes no responsibility, and shall not be liable in any way for any such change to the Content or other change to the Service. Company cannot and does not review all user-generated content (such as Artist Materials) or communications uploaded, made on, or through the Service, but, although not obligated to do so, may review, verify, make changes to or remove any user generated content, including Artist Materials, or other material made available in connection with the Service with or without notice in its sole discretion. The Service, and all other features or functionalities associated with the Service, are made available “as is” and “with all faults” and You understand that temporary interruptions of disturbances of the Service may occur as normal events. Company makes no guarantee that Your use of the Service, and all other features or functionalities associated with the Service, or delivery of any Content will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

Company is not engaging in or carrying on the occupation of a “Talent Agency” as that term is defined in the California Labor Code section 1700.4, and is not engaging in the occupation of a booking agent or booking agency, or in any capacity that would require Company to be licensed as an agent in any state or territory. EVA does not procure, offer, promise, or attempt to procure employment or engagements for any Artist. Artist does not and shall not look to Company to seek or procure or attempt to procure employment for Artist. Artist acknowledges that Company has not offered to act contrary to the provisions of this paragraph, and Company is not expected or authorized to do so. You and Company are independent contractors, and no agency, partnership, joint venture, employment relationship is intended or created by this Artist Agreement.

Limitation of Liability

To the fullest extent allowable by applicable law, Company, and its affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to use of the Service, Content, or other materials available through the Service, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company, or its affiliates, have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes.

This limitation of liability shall extend to any claims by either party to any Performance Agreement against one another or any third parties, as well as any third party claim arising out of (a) any actual or alleged breach by You of a Performance Agreement or the Event Production Policy or (b) any actual or alleged injury to person or property occurring during or related to any Performance.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Company does not guarantee the success of any Performance, nor does Company guarantee (i) that an Artist will comply with the Artist Code of Conduct, (ii) that a Producer will comply with the the Event Producer Policy, or (iii) that Artist and/or Producer will comply with the terms of any specific Performance Agreement.

To the extent permitted by law, Company disclaims all liability to Producer for any damages or losses Producer may incur as a result of a failed Performance Agreement with any Artist. In any event of a breach of the Performance Agreement by Artist, Company’s only liability to Producer is the Performance Fee.

To the extent permitted by law, Company disclaims all liability to Artist, beyond the Performance Fee, for any damages or losses Artist may incur as a result of a failed Performance Agreement with any Producer. In any event of a breach of the Performance Agreement by Producer, Company’s only liability to Artist is the Performance Fee. EVA assumes no responsibility for the quality, safety or legality of the environment or conditions of any Performance.

If You are dissatisfied with the Service, or with any of these Terms, or feel Company has breached these Terms, Your sole and exclusive remedy beyond recovering any Performance Fee to which You are entitled is to discontinue using the Service and delete Your Account.

Indemnification

You agree to indemnify Company, and its affiliates, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (“Indemnified Parties”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with Your use of the Service, Your violation of the Terms, Your breach of a Performance Agreement, or Your violation of law (such as the violation of a third party’s copyright rights) and shall indemnify and hold the Indemnified Parties harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and Your use of the Service. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, You shall provide reasonable cooperation to Company.

Without limiting the foregoing, You agree to defend and indemnify Company against all losses, damages and costs, including attorneys’ fees, incurred by Company as a result of any third party claim arising out of Your breach of a Performance Agreement and the the EVA Artist Code of Conduct (for Artists) or EVA Event Production Policy (for Producers).

Force Majeure

You understand and agree that Company is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

Entire Agreement

The Terms, which are inclusive of the Artist Code of Conduct and the Event Producer Policy, represent the entire understanding between Company and You, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to Your use of the Service, Content, and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and Your respective assigns, successors, heirs, and legal representatives, including, without limitation, any third party that acquires all or part of Company. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to You and are not assignable, transferable, or sub-licensable by You except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms which by their nature should survive termination or expiration, shall survive termination or expiration.

Choice of Law

By accessing, viewing, or using the Service, You consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of Tennessee applicable to contracts entered into and performed within the State of Tennessee and notwithstanding any conflict of law principles; (ii) You accept service of process by personal delivery or mail; and (iii) You irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the state and federal courts located in Davidson County, Tennessee. Any alleged claim or cause of action You may have with respect to Your use of the Service must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation or breach of the Terms by You will result in irreparable harm to Company, that monetary damages will be inadequate, and You hereby agreed Company shall be entitled to seek injunctive relief.

Notice

All legal notices pursuant to the Terms shall be in writing and shall be given by email to Company at: support@evamore.co and via mail to EVAmore, Inc., P.O. Box 120891, Nashville, TN 37212. By using the Service, You agree that any notice due under the Terms that Company sends You electronically will satisfy any legal communication or notification requirement.

Privacy Statement:

Company respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.evamore.co (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

• On this Website; and
• In e-mail, text and other electronic messages between you and this Website.

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@evamore.co

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• by which you may be personally identified, such as name, school, postal address, e-mail address, and telephone number ("personal information");
• about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, the Artists or Producers, or our business partners.

Information You Provide to Us. The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, requesting Artist services, or requesting further services from Us. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Website, including location data, logs and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of EVAmore, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by EVAmore, Inc. about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EVAmore, Inc. our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Advertising EVAmore, Inc. If you do not wish to have your e-mail address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out via support@evamore.co. (We will continue to contact you by e-mail for correspondence regarding your account or any orders you have placed with us).
  We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
  We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@evamore.co

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@evamore.co

Digital Millennium Copyright Act (DMCA)

EVAmore, Inc. ("Company") is committed to complying with U.S. copyright and related laws, and requires that you comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any Content believed to be infringed should contact Company immediately to report any concerns of infringement by providing notice to Company’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice must be provided by email to Company at the following address, dmca@evamore.co, but you may also simultaneously send such notice to Company via mail at the following address: EVAmore, Inc. attn.: Designated Copyright Agent, 40 Exchange Pl., Suite 1900, New York, NY 10005. Such notice must include, at a minimum:

• (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (b) the identification of the copyrighted work claimed to have been infringed;
• (c) the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;
• (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For clarity, only DMCA notices should go to the Designated Copyright Agent; any other general communications should be directed to Company at: support@evamore.co. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a DMCA counter-notice to Company’s Designated Copyright Agent containing the following information:

• (i) your physical or electronic signature;
• (ii) the identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• (iii) a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content, and any relevant proof related to the same; and
• (iv) your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Davidson County, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Company’s Copyright Agent, Company is permitted to and may send a copy of the counter-notice to the original complaining party informing that person or entity that the removed content may be replaced or no longer disabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user in the next 14 business days after receipt of the counter notice, the removed content may be replaced, or access to it restored, in Company’s sole discretion.