RESTRICTIONS ON USE OF CONTENT AND MATERIALS
This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Web Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Web Site by children, minors and others under your care, and you agree to be responsible for their use of this Web Site. Any use of this Web Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Web Site and/or any affiliated services.
All information, product information, content and/or material posted on the Web Site (“Materials”) are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
The Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. The Company reserves the right to remove access to infringing material posted to the Web Site. Such actions do not affect or modify any other rights the Company may have under law or contract.
If you believe that any portion of the material submitted through the Company’s Web Site infringes your copyright, notify the Company of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to the Company’s Designated Agent:
Turner Friedman Morris & Cohan, LLP
8383 Wilshire Blvd., Suite 510
Beverly Hills, CA 90211
To be effective, the Notification must be in writing and contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has 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; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, the Company will:
Remove or disable access to the material that is alleged to be infringing; Forward the written notification to such alleged infringer; Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
A physical or electronic signature of the alleged infringer; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which the Company may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, the Company will:
promptly provide the complaining party with a copy of the Counter Notification; inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided the Company’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on the Company’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Any download of data and/or files from the Web Site shall be at your own risk. The Company Shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE WEB SITE
Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or is affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (c) all links to the Web Site must “point” to the URL “http://www.evolvsurfaces.com” and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.
Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS ITS SERVICES AND/OR WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY’S CONTENT
To the extent that the Web Site contains links or any other information to outside services and resources, the Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.
No reference made in this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of the Company, constitute or imply an endorsement, recommendation or favoring by the Company.
RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS