Introduction

These Terms of Service (“Terms,” “Terms of Service”) and conditions govern your relationship with this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Evocative Sound & Visuals use of cookies per the terms of Evocative Sound & Visuals privacy policy/cookies policy.

License to use website

Unless otherwise stated, Evocative Sound and Visuals and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • Republish material from this website (including republication on another website) 
  • Sell, rent, or sub-license material from the website
  • Show any material from the website in public
  • Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose
  • Edit or otherwise modify any material on the website
  • Redistribute material from this website except for content specifically and expressly made available for redistribution
  • Use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  • Use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or concerning this website without Evocative Sound & Visuals express written consent.
  • Use this website to transmit or send unsolicited commercial communications.
  • Use this website for any purposes related to marketing without Evocative Sound & Visuals express written consent.

Restricted access

  • Access to certain areas of this website is restricted. Evocative Sound and Visuals reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Evocative Sound and Visuals’ discretion.
  • If Evocative Sound and Visuals provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  
  • Evocative Sound and Visuals may disable your user ID and password in Evocative Sound & Visuals sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

  • You grant Evocative Sound and Visuals a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media.  You also grant to Evocative Sound and Visuals the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  • Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Evocative Sound and Visuals or a third party (in each case under any applicable law).  
  • You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
  • Evocative Sound and Visuals reserves the right to edit or remove any material submitted to this website, or stored on Evocative Sound & Visuals servers, or hosted or published upon this website.
  • Evocative Sound and Visuals rights under these terms and conditions about user content, Evocative Sound and Visuals does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

  • This website is provided “as is” without any representations or warranties, express or implied. Evocative Sound and Visuals makes no representations or warranties about this website or the information and materials provided on this website.  
  • Without prejudice to the generality of the foregoing paragraph, Evocative Sound and Visuals does not warrant that this website will be constantly available, or available at all.
  • Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

Limitations of liability

  • Evocative Sound and Visuals will not be liable to you (whether under the law of contact, the law of torts, or otherwise) about the contents of, or use of, or otherwise in connection with, this website:
  • To the extent that the website is provided free-of-charge, for any direct loss.
  • For any indirect, special, or consequential loss.
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • These limitations of liability apply even if Evocative Sound and Visuals have been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Evocative Sound and Visuals have an interest in limiting personal liability. You agree that you will not bring any claim personally against Evocative Sound and Visuals in respect of any losses you suffer in connection with the website.

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Evocative Sound and Visuals and undertake to keep Evocative Sound and Visuals indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Evocative Sound and Visuals to a third party in settlement of a claim or dispute on the advice of Evocative Sound and Visuals’ legal advisers incurred or suffered by Evocative Sound and Visuals arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions).

Breaches of these terms and conditions

Without prejudice to Evocative Sound and Visuals other rights under these terms and conditions, if you breach these terms and conditions in any way, Evocative Sound and Visuals may take such action as Evocative Sound and Visuals deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Evocative Sound and Visuals may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Evocative Sound and Visuals may transfer, sub-contract, or otherwise deal with Evocative Sound and Visuals rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Entire Agreement

These terms and conditions constitute the entire agreement between you and Evocative Sound and Visuals concerning your use of this website and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed per the state of Ohio, Summit County, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the state of Ohio, Summit County.

rev 12-7-2023