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Standard
Terms and Conditions
In using
this website, you agree to be bound by the terms of service (the
"Terms") set out below. If you do not agree to the Terms
then you may not use this website.
Any services
which we make available to you on or via the website may be subject
to additional terms and conditions (the "Additional Terms")
which are in addition to and may supplement or amend these Terms
and which you will be required to accept when using this website.
1.
Definitions:
"Website"
means www.evolve.org
"You/Your"
means you, the user of this Website.
"User
Information" refers to information provided by you via the
Website.
"We/Us/Our"
means the Foundation for Conscious Evolution (FCE) who owns and
provides this Website.
2.
Registration
2.1
You warrant, represent and undertake that the User Information which
You are required to provide when You register is true, accurate,
current and complete in all respects and You agree to notify Us
as soon as possible of any changes to the User Information by amending
Your User Information online by accessing the 'My profile' option
available in the main navigation area of each page.
2.2
You will be required to select a username and password during the
registration process. You are responsible for maintaining the confidentiality
of the username and password and are fully responsible for all activities
which occur under them during Your use of the Website.
2.3
You agree to notify support@evolve.org immediately of any unauthorised
use of Your username or password or any other breach of security
of which You become aware.
2.4
We reserve the right to decline any application from You to subscribe
to the Website in Our sole discretion.
2.5
You agree not to impersonate any other person or to use a false
name or a name that You are not authorized to use.
3.
Your use of the Website
3.1
Your use of the Website carries with it no rights in relation to
copyright, trade marks or other intellectual property rights of
Ours. Your use of the Website is governed by these Terms and any
Additional Terms to which You have agreed, regardless of whether
such use is in connection with or otherwise related to Your use
of the Website.
3.2
All right, title, and interest (including all copyrights and other
intellectual property rights) in the Website as between You and
Us belong to Us. You acquire no proprietary interest in the Website.
You may not remove or obscure the copyright notice or other notices
contained in the Website or anything retrieved or downloaded from
the Website.
3.3
You may not decompile, reverse engineer, disassemble, rent, lease,
loan, sublicense or create derivative works from the Website, which
includes the information and software made available therein. Save
as otherwise expressly provided in any Additional Terms, You may
not copy, save, download, modify, reproduce, republish, distribute,
transmit or use for any purposes, whether commercial or non-commercial,
the Website or any information contained therein, except to the
extent necessarily required in order for You to display, use and
navigate the Website.
3.4
You acknowledge that by posting any materials on the Website You
grant to Us and Our licensors and assigns an irrevocable, perpetual
and royalty-free license to use the materials within the Website
and in any other manner. The license extends to copying, distributing,
broadcasting and otherwise transmitting, adapting and editing such
materials. We may use such materials in our sole discretion and
may remove them from the Website at any time without notice to You.
4.
Your Obligations
4.1
You agree that You will only use the Website in a manner that is
consistent with these Terms and any Additional Terms and in such
a way as to ensure compliance with all applicable laws and regulations
(including without limitation, Your local law).
4.2
You agree that You will not, in respect of the Website:
4.2.1
post material which is offensive, derogatory or defamatory in nature,
or which may, in Our judgment, cause annoyance, inconvenience or
anxiety to any person;
4.2.2
post material which is obscene or pornographic in nature;
4.2.3
post material containing profanity, vulgarity, hate speech, or threats
of violence;
4.2.4
make repetitive postings or perform other actions which may interfere
with the operation of the Website;
4.2.5
post contact or personal information about any other individual
or organization without the permission of that individual or organization;
4.2.6
post material without the permission of the owner of that material;
4.2.7
send e-mail or postal correspondence to any other user of the Website
after being requested to stop doing so by that user;
4.2.8
use any computer code, program or routine to extract or to attempt
to extract any part of the database comprising all postings of the
Website;
4.2.9
post any material containing any virus or other computer programming
routine which may damage or interfere with the Website;
4.2.10
use the Website in such a way that You cause the whole or part of
the Website to be interrupted, damaged, rendered less efficient
or in any way impaired;
4.2.11
refuse to follow a reasonable instruction or direction from Us.
4.3
To the extent to which Your use or the use by any person who may
be authorized by You or for whom You are responsible (for example,
as employer) causes loss or damage to Us or any person, You agree
to indemnify FCE immediately on demand in relation to any such losses
or damages attributable to them, including where necessary any legal,
administrative or technical charges that may arise from such use.
5.
Our Obligations to You and Limitations on Liability
5.1
We cannot guarantee that the Website will always be fully operational
or error free and so We do not accept responsibility for any defects
that may exist or for any costs, loss of profits, loss of data or
consequential losses arising from Your use of or inability to access
the Website.
5.2
We make no warranty that the Website will meet Your requirements
or will be uninterrupted, timely, secure or error-free, that defects
will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the materials or as to results or the accuracy
of any information obtained by You through the Website.
5.3
While We take reasonable precautions to ensure that any downloads
We make available will be virus free We do not warrant that any
downloads will be virus free and will not cause interruptions with
Your computer systems.
5.4
We do not review, assess or endorse any of the material submitted
to Us and/or posted on the Website including the accuracy or reliability
of any text, information, data, photographs, graphics, advertisements,
promotions, representations, statements or other material whatsoever.
5.5
We exclude, to the fullest extent permitted by applicable laws,
and save in respect of death or personal injury arising from Our
negligence, all liability for any claims, losses, demands and damages
arising directly or indirectly out of or in any way connected with
the Website. This exclusion shall apply in respect of, without limitation,
any interruption of service, lost profits, loss of contracts or
business opportunity, loss of data, or any other consequential,
incidental, special, or punitive damages, even if We have been advised
of the possibility of such damages, whether arising in contract,
tort, under statute or otherwise.
5.6
We may provide links to other Websites or resources and may post,
accept the posting of or make available content provided by third
parties ("Third Party Content"). We do not accept responsibility
for the Third Party Content and do not and cannot be deemed to have
endorsed any Third Party Content. In particular, You acknowledge
that We will not be party to any transaction or contract with a
third party that You may enter into and that We shall have no liability
to You in respect of any such transaction, whether arising in contract,
tort, under statute or otherwise. You undertake that You will not
involve Us in any dispute between Yourselves and the third party.
5.7
We will at all times comply with Our privacy policy.
6.
Our Rights
6.1
We reserve the right to:
6.1.1
deny or suspend Your access to the Website or any part thereof if
Your use of the Website is deemed by Us abusive, excessive, or against
the interests of other users or in breach of these Terms;
6.1.2
modify or withdraw, temporarily or permanently, the Website (or
any part thereof) with or without notice to You and You confirm
that We shall not be liable to You or any third party for any modification
to or withdrawal of the Website;
6.1.3
change these Terms from time to time, and Your continued use of
the Website (or any part thereof) following such change shall be
deemed to be Your acceptance of such change. It is Your responsibility
to check regularly to determine whether the Terms have been changed.
If You do not agree to any change to the Terms then You must immediately
stop using the Website;
6.1.4
refuse to place any content or material provided by You onto the
Website in Our sole discretion and to remove any content or material
from the Website once uploaded in Our sole discretion.
7.
GENERAL
7.1
If any part of the Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be
severable from the Terms and shall not effect the validity and enforceability
of any of the remaining provisions of the Terms.
7.2
No waiver by Us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
7.3
Each provision of the Terms shall be construed as separately applying
and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
7.4
The Terms (as amended from time to time) contain the entire agreement
between the parties relating to the subject matter covered and supersedes
any previous agreements, arrangements, undertakings or proposals,
written or oral, between the parties in relation to such matters.
No oral explanation or oral information given by any party shall
alter the interpretation of the Terms. You confirm that, in agreeing
to accept the Terms, You have not relied on any representation save
insofar as the same has expressly been made a representation in
the Terms and You agree that You shall have no remedy in respect
of any misrepresentation which has not become a term of the Terms
save that Your agreement shall not apply in respect of any fraudulent
or negligent misrepresentation whether or not such has become a
term of the Terms.
8.
LAW
The Terms shall be governed by and construed in accordance with
the laws of the United States of America and You irrevocably submit
to the exclusive jurisdiction of the courts of the United States
of America.
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