Terms and Conditions
Introduction
Thank you for visiting Evviva Brands' Website. Access to and use of this Internet Website (referred to as this "Site") is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the terms and conditions set forth below. As used in this Site, the terms "Evviva" and "Evviva Brands" are intended to include and refer to Evviva Brands, LLC.
Copyright Notice
This Site is protected by the copyright laws of the United States of America and may also be protected by the copyright laws of other countries and jurisdictions as well. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any copy, other reproduction, display, performance or retransmission of all or any of the contents of this Site is strictly prohibited. All rights reserved. Please see the section below entitled "Notice Concerning the Use of Documents, Images and Information on this Site."
Trademark Notice
The names, tradenames and/or trademarks of third parties, including partners and clients of Evviva Brands, LLC (Evviva Brands) may appear on this Site from time to time. All such names, tradenames and trademarks are proprietary to their respective owners and may be used only with the express written permission of their respective owners.
Use This Site at Your Own Risk
Every user who visits this Site does so at her or his own risk. Evviva Brands, LLC, makes no representations or warranties of any kind as to (a) the accuracy or completeness of the information or materials contained in this Site, and assumes no responsibility for any errors or omissions in the contents of this Site (which may include factual or typographical errors and/or technical inaccuracies); (b) the availability for use of any copyrighted, trademark or otherwise proprietary materials of third parties which may appear in this Site; (c) the presence or absence of computer viruses or other bugs which third parties may embed in or attach to this Site without Evviva Brands' knowledge or consent; (d) any software made available for downloading, copying or other use through this Site; or (e) the merchantability, fitness for use, title and/or non-infringement of any or all of the contents of this Site.
Regarding communications with Evviva Brands, LLC, through this Site
Evviva Brands makes no representation or warranty concerning the security of any data transmitted to Evviva Brands including information relating to potential employment or applications therefore, or any other matter. Evviva Brands shall treat any data or information transmitted to Evviva Brands through this Site as non-confidential and non-proprietary. Neither Evviva Brands nor any other party involved in the creation, production or delivery of this Site, or whose materials or information appear in this Site assumes or accepts any liability, regardless of whether based on contract, negligence, intentional wrongdoing or liability without fault, for any costs, losses, damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential or punitive), arising out of or in any way in connection with the user's access to, browsing of or use of this Site or any of the contents of this Site, without regard to the source of such contents, or with the unavailability or failure of performance of this Site for any reason.
Notice Concerning the Use of Documents, Images and Information on This Site
Documents, images and information proprietary to Evviva Brands, LLC, including the contents of descriptions of Evviva Brands' businesses, biographical descriptions of its representatives and personnel, press releases and other public notices, together with any associated graphic elements (collectively referred to as "Evviva Brands Materials"), may be copied, reproduced, downloaded or otherwise used provided the following terms are adhered to strictly: Copyright notice in the form "© 2009 Evviva Brands, LLC. Used With Permission. All Rights Reserved." must appear in every copy or reproduction of such Evviva Brands, Materials. The Evviva Brands Materials may be used solely for non-commercial purposes such as informational, entertainment and personal use, and shall not be further copied, uploaded to any network, intranet or Internet, rebroadcast or retransmitted, or otherwise disseminated in any medium without the express written permission of Evviva Brands, LLC. The Evviva Brands Materials may only be used in their entirety, without alteration, editing, condensation or editorial comment, and any graphical elements contained in the Evviva Brands Materials may not be used separately from the other elements with which they are associated. The Evviva Brands Materials shall not be used to ridicule, disparage, harass or annoy any client of Evviva Brands, LLC.
No other use of Evviva Brands Materials shall be permitted. The Evviva Brands Materials available for use as set forth above do not include the design, layout, arrangement or distinctive elements of this Site, or of any other Internet Web site maintained by Evviva Brands, LLC, or its divisions, subsidiaries or affiliated companies.
Documents, Images, Information and Other Materials Proprietary to Others
The contents of this Site may from time to time contain documents, images, information and other materials not proprietary to Evviva Brands, LLC, such as photographs, clip art, film clips, musical passages, audio track or sound effect elements, or the names, trade names, trademarks, logos or designations of third parties (including present and past clients of Evviva Brands, LLC, or its featured personnel). All such materials will be referred to as "Non-Evviva Brands Materials." Non-Evviva Brands Materials may also include from time to time articles, data, information, images, artwork, graphics, music, audio or other elements published in newspapers, magazines or other media or venues, and may include the name, trade name or trademark of the medium or venue in which such materials were published. Any use whatsoever of any Non-Evviva Brands Materials is strictly prohibited unless the prior written permission of the appropriate third parties has been secured.
Links
For the convenience of users of this Site, one or more links to other Internet websites may appear from time to time. Except for Internet websites maintained by divisions, subsidiaries or affiliated companies of Evviva Brands, LLC, the Internet websites to which links are provided in this Site are not under the control of Evviva Brands. Evviva Brands assumes no responsibility for the contents of any Internet links to non-Evvia Brands Materials or for any potential damage arising out of or in connection with the use of any such links. In addition, the existence of a link between this Site and any other internet website is not and shall not be understood to be an endorsement by Evviva Brands of the owner or proprietor of the linked Internet website, nor an endorsement of Evviva Brand by the owner or proprietor of such linked website.
Unsolicited Materials
Please note that it is a policy of Evviva Brands not to accept or consider unsolicited creative, production-related or other materials of any kind. Evviva Brands will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this Site, not to be confidential or proprietary and to be freely available for use without compensation or payment of any kind.
Software
Any software made available for downloading, copying or use through this Site is proprietary to the individual or entity making such software available. Downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software.
Our Locality
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in San Francisco, California, USA (our "Locality"). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
