These Terms of Service govern your use of the website located at https://evolveblockchain.io and any related services provided by Evolve Foundation.

By accessing https://evolveblockchain.io, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Evolve Foundation.

We, Evolve Foundation, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on July 16, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or “mirror” the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Evolve Foundation provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

Evolve Foundation or its licensors own all intellectual property rights related to the Evolve Blockchain and associated content. Users are prohibited from modifying, publishing, transmitting, participating in the sale, or creating derivative works from any content found on the platform without explicit permission. This includes all forms of media that are part of or accessed through the platform. Users must respect all copyright, trademark, and other proprietary rights notices and cannot use any protected content from the platform in a manner that constitutes infringement.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Account Creation and Responsibilities

To access and utilize the services provided by the Evolve Blockchain platform, you must create an account by providing accurate and current information. You are required to promptly update your account information should any changes occur. Upon registering, you are granted a limited, revocable, non-exclusive, and non-transferable license to use our services in accordance with these Terms of Service.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. It is imperative to adhere to all applicable laws and regulations, and any unauthorized use of the platform must be avoided. In the event of unauthorized access to your account, immediate notification to the Evolve Foundation is crucial to help mitigate any potential damages.

For any financial transactions, relevant financial information must be provided, including, where necessary, credit card details. All payments on our platform are processed by third-party services such as PayPal or Stripe, with Evolve Foundation not retaining or processing any financial data directly. You must agree to and comply with the privacy policies and terms of service of these external payment processors.

Evolve Foundation prioritizes the security of the platform and your personal data, employing advanced security measures and protocols to safeguard user information and ensure the integrity of transactions. Any security breaches or vulnerabilities must be reported promptly to our security team. We are committed to addressing and resolving such issues in accordance with applicable legal standards.

Disclaimer and Limitations of Liability

The Evolve Foundation provides the Evolve Blockchain platform, including all related services, information, and materials, on an “as is” and “as available” basis. We strive to maintain accurate and reliable service but do not guarantee that our platform will always be error-free, uninterrupted, or completely secure. All warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.

In no event will Evolve Foundation, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use the platform; any conduct or content of any third party on the platform; any content obtained from the platform; and unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the possibility of such damages.

You acknowledge the inherent risks associated with blockchain technology and digital currencies, including their volatility and uncertainty due to factors like adoption, speculation, technology, security, and regulation. Your use of blockchain technology and any related services is at your own risk, and you are solely responsible for any digital assets, wallets, or other technology you use in connection with the Evolve Blockchain platform. Evolve Foundation is not responsible for any loss or corruption of data, including on-chain data or transaction history, that results from network failures, unauthorized access, or other disruptions linked to the blockchain network.

You are responsible for ensuring that your use of the Evolve Blockchain complies with all applicable laws and regulations. Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, these limitations may not apply to you. In such jurisdictions, Evolve Foundation’s liability will be limited to the greatest extent permitted by law.

Accuracy of Materials

The materials provided on our website are for general informational purposes only and are not comprehensive. While we strive to keep the information up-to-date and correct, Evolve Foundation makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.

We encourage you not to rely solely on the materials found on our website for making decisions. Instead, you should consult primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. Evolve Foundation reserves the right to make changes to the content on this site at any time without prior notice. It is your responsibility to monitor these changes and adjust your reliance on the information provided accordingly.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Evolve Foundation has the right to offer new third-party tools in the future.

Links

Evolve Foundation has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Evolve Foundation of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in that location.