Terms of Service
This Membership Agreement sets forth the terms and conditions on which Evolliance offers services to registered users (each a "Member") of the website www.evolliance.com.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A MEMBER.
In light of the evolving nature of web-based offerings, Evolliance may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by Evolliance on or through the Site. Evolliance may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Membership Agreement.
3. Member's Privileges and Obligations
The Service is available only to individuals over the age of 13. In order to use the Service, you must first register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Membership is intended for personal use only. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify Evolliance of any unauthorized use of your user ID or another breach of security in relation to the Service. You may use the Service only for your personal, non-commercial use.
4. Member Content; Member Private Area;
As a Member:
You agree not to post, send, transmit, upload, display, publish or distribute through any part of the Site, any files that:
(a) Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner;
(b) Contains false or misleading statement of facts or description of the origin of the material or communications;
(c) Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights;
(d) Interferes with the privacy rights of any person, or impersonates any person;
(e) Contains a virus, may corrupt files or other content that may compromise or harm the Site or any user thereof;
(f) Makes or purports to make any commercial use of the Site;
(g) Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law; or advocates illegal activity.
Alliance hosts and site admins designated by hosts or leaders of an alliance are responsible for maintaining a safe and friendly enviornment in all sections of the Site.
5. Price & Payment
Membership to the Service is free. Evolliance may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, functionality on the Site. Evolliance shall not be liable to you or any third party for any such change.
6. Intellectual Property Rights
Member fully owns all sections of the site posted by You and are liable for all content You post.
You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service.
7. Responsibility for Member Content
Evolliance does not as a policy review or screen any content a Member posts in an alliances portal before they appear on the Site. Generally, Evolliance's automated machinery and computers index the Member Content. Evolliance does not endorse the content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content.
You are solely responsible for the Member Content that you post on Evolliance. This includes, without limitation, responsibility for the nature, content, subject matter, views that you express, display or publish in your Member area.
You agree not to use the Service for illegal purposes. Your use of the Site, the Service, and the products, services, information available on the Site, is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States.
8. Code of Conduct
Evolliance provides web portals for alliances on the Site as a service to Members. Evolliance encourages the free exchange of ideas, but has established the following parameters for any Member Content. When using any area of the Site you agree not to post, send, transmit, upload, or otherwise publish any data, content, text, or other content or material that:
(i) Contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate;
(ii) Is or might be perceived by Evolliance or Evolliance members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language;
(iii) Is inconsistent with the values or the spirit of the Evolliance Community, as determined by Evolliance in its sole discretion;
(iv) Interferes with anyone else's use of this Site;
(v) Contains links to your Member Private Area that promotes or does any of the above.
9. Illegal Activities
It is Evolliance's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. You may NOT use Evolliance for any other purpose other than as a web portal to interact with your alliance. Any data taken from the Site for any other purpose other than for the purpose of playing the Evony™ is forbidden. Should the need arise, Member will be responsible for all charges, including but not limited to attorney's fees, incurred for the purpose of prosecuting illegal activities commited by the Member.
10. Warranty, Disclaimer of Warranty
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text from the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal.
Evolliance makes no representation or warranty of any kind:
(a) that the Site or Service will meet your requirements;
(b) that defects in the software for the Service will be corrected;
(c) that the Service will be timely, secure, error free, uninterrupted;
(d) that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete;
(e) that Member Content or any materials posted, displayed or stored on or through the Site will not be altered, deleted or damaged, or will be available for access at all times or indefinitely;
(f) as to the result that may be obtained from the use of the Service;
Evolliance expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service.
Some jurisdiction to not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Disclaimer of Damages; Limitation of Liability
Even if Evolliance, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to Evolliance's negligence), shall Evolliance be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:
(a) the quality, reliability, accuracy, completeness, of the Service;
(b) any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, alteration, loss of access, or damages of or to your Member Content;
(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service, Member Content or any content, products, services or information provided on the Site
(d) any failures, delays, misdeliveries, or interruptions in the Service or any content, products, services or information on the Site;
(e) any harm resulting from downloading or accessing any Member Content, or any other content, products, services or information provided on the Site;
(f) any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service; or
(g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.
If, despite the above limitations, Evolliance were found responsible to a Member for any reason whatsoever, this liability will not exceed one hundred dollars ($100).
It is Evolliance's policy to respect the privacy of all of its customers. We will NEVER sell or share your data with a third-party outside of our website. Collected user data is strictly for the purpose of the Service provided or as a means for us to contact You should the need arise. As a Member you are forbidden to sell or share other Member's data with any third-party. Failure to adhere to this policy will result in immediate termination of Service and may include further actions to prosecute the violating Member. Various information you provide is viewable by website and portal admins for the purpose of providing assistance to You and for purposes related to the boundaries of the Site. Individuals found in violation of such data will be barred from the Site and prosecuted accordingly.
Evolliance will not access Member data except for the purpose of maintaining, supporting, backingup, or performing other business-related activities. By requesting support you are granting Evolliance permission to access your alliances data to support your issue.
13. Site Content
Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all material and data available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.
14. Copyrighted Material
Evolliance respects the intellectual property of others, and requires that its users and Members do the same.
You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.
Evolliance will promptly take down or block access to infringing or allegedly infringing material on its servers if Evolliance becomes aware that such material infringes the copyright rights of a third party, whether Evolliance identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. Evolliance will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of Evolliance's take down or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide Evolliance a counter-notification establishing the Member's rights to display the material in question, as well as any other information Evolliance shall request. Upon receipt, Evolliance will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, Evolliance will re-post or unblock the material within 14 days after receiving the counter notification.
Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold Evolliance, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service; (b) your violation of this Membership Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content; or (f) your violation of this Membership Agreement.
16. Force Majeure
Evolliance is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
17. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice Evolliance of such termination.
The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site.
Evolliance reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason.
Evolliance reserves the right, in its sole discretion, to terminate your Membership in the Site, or to remove your Member Content (including unlisted, password protected and unassigned Member Content) or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion.
Any termination under any provision of this Membership Agreement may be effected without prior notice, and Evolliance may immediately delete and discard all of your Member Content, and/or bar any further access to such files on the Site or through the Service. Upon any termination of your Membership, or of this Membership Agreement, your right to use the Service will immediately cease and you forfeit all rights to any material you have submitted on the Site (including unlisted, password protected and unassigned Member Content). Evolliance will have no obligation thereafter to provide access to your Member Content or any unread or unsent messages. Evolliance may retain certain materials for administrative and other reasons.
Evolliance is an entirely seperate entity from Evony™ and is not affiliated with Evony™ or the Evony.com web site in any way.
19. Notices; Questions
All notices from a Member to Evolliance shall be in writing, and shall be made or delivered to Evolliance via email.
If you have any question about the Service or this Membership Agreement, please feel free to contact us.
This Membership Agreement constitutes the entire agreement between you and Evolliance with respect to the Service; and your Member Content, and it supersedes any other agreement, proposals and communications, written or oral, between you and any Evolliance representatives with respect to the Service and your Member Content
If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect
Any failure by Evolliance to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless Evolliance acknowledges and agrees to it in writing.
Evolliance may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of Evolliance.
You and Evolliance agree that any cause of action arising out of, or related to the Service or the Site must commence within one (1) month after the cause of action arose, otherwise, such cause of action is permanently barred.