Evolve Media Technology Use Policy

Your use of the proprietary video player technology commonly known as the “Springboard Video Player” (the “Technology”) and the services provided relating thereto (the “EVOLVE Video Services”) is strictly conditioned upon your agreement to the Video License and Representation Agreement entered into between you and Evolve Media, LLC, including its affiliates or subsidiaries (collectively, “EVOLVE”) as well as this Evolve Media Technology Use Policy as updated from time to time.  The terms “you” and “your” refer to website publishers using the Technology to display content.  In the event you are using the Technology without first having established a direct written and signed agreement with EVOLVE you shall be subject to this Evolve Media Technology Use Policy, including the terms set forth in Section 8.
  1. Terms Regarding Uses of the EVOLVE Service. Prior to uploading or importing any content into the Technology you agree that the following are true and correct: (a) you own all necessary rights to the content, including copyrights to any video and the audio, (b) you have paid, or legally established that you are not responsible for paying, any license, guild or other fees to third parties for reproduction or publication of the content, (c) you are able to upload the video in a EVOLVE supported format, (d) you have accepted/executed a Video License and Representation Agreement and are in compliance with the terms therein, (e) you are not using or intending to use the Technology to offer, for sale or otherwise, any of the following: firearms, explosives, weapons, tobacco products, any items that contain child pornography, or that are otherwise pornographic in nature, any controlled substances or pharmaceuticals, any items that are counterfeit or stolen, any registered or unregistered securities, any items that violate or infringe upon the rights of other parties, or items were the sale or promotion of which through the Technology would cause EVOLVE to violate any law or regulation.  By signing up to use the Technology, you consent to receive important e-mail notifications from EVOLVE related to the EVOLVE Services.
  2. Content. You acknowledge that the Technology is a self-service platform and that EVOLVE is not obligated to review or screen content on a regular basis for compliance with the terms and conditions of your Video License Representation Agreement, this Evolve Media Technology Use Policy or applicable law.  Nonetheless, EVOLVE reserves the right to reject any content and to suspend the account of any user, at EVOLVE’s sole discretion and at any time, whether or not such user’s content has previously been accepted into the Technology’s content management system (the “EVOLVE CMS”).
  3. Terms Regarding Uploaded Content. By utilizing the Technology and the EVOLVE Services, you agree that you will not upload video or other content into the EVOLVE CMS or provide links to content that contains or constitutes: (a) illegal or unlawful content or the promotion thereof; (b) content that serves as an invasion of personal privacy; (c) content that is pornographic or obscene, (d) content which would generally be considered of an “adult” nature or that, if displayed in a movie theater, would be expected to receive an “NC-17” or “X” rating); (e) content that promotes racism, hate, “spam,” mail fraud, pyramid schemes, or investment opportunities or advice not permitted by law; (f) content that violates copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or (g) content which constitute defamation, libel, or slander.
  4. Prohibited Acts. You may not use the Technology to perform any of the following prohibited acts: (i) any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation; (ii) any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the Technology or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Technology; or (iii) any act which interferes with or disrupts the Technology, the EVOLVE CMS, or servers or networks connected to the Technology.
  5. Security and Usage Restrictions. EVOLVE makes available to you through the Technology and the EVOLVE CMS the ability to import content through a third party content provider or to select the application of third party software activating certain content security and usage restrictions. FAILURE TO ABIDE BY THE TERMS AND CONDITIONS OF USE OF ANY THIRD PARTY IN CONNECTION WITH THE USE OF SUCH THIRD PARTY’S CONTENT OR APPLICATION MAY SUBJECT YOU TO LIABILITY FOR INFRINGEMENT ON SUCH THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.  EVOLVE offers such functionality and use of this third-party software in conjunction with the Technology for your convenience only, on an “As Is” basis only, and EVOLVE does not grant any license to such content or make any representations, warranties, or promises about the effectiveness, sufficiency, performance, suitability, or ability of provided software to prevent the unauthorized distribution of your content and will not be liable for the failure of such software in any regard. 
  6. Storage of Content. EVOLVE reserves the right to delete any content from the EVOLVE CMS and EVOLVE servers at any time and without warning in its sole discretion.  You are advised to retain a backup copy of all content uploaded to the EVOLVE CMS and EVOLVE makes no guaranty that any content uploaded will be available on its servers for any period of time.  You expressly acknowledge and agree that upon termination of your use of the Technology in accordance with the terms of the Video License and Representation Agreement EVOLVE may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms and conditions provided herein or in the Video License and Representation Agreement or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EVOLVE, its users and the public.
  7. Syndication Services. The Technology permits, or may in the future permit, publishers to allow third parties to distribute their content through the Technology by way of embed codes, linking, or otherwise.  Specifically, publishers unaffiliated with you or EVOLVE may be able to embed the EVOLVE Technology on their website without EVOLVE’s control or mediation and to distribute your content through a EVOLVE player on or through their owned or operated website(s). If you permit syndication of your content through features provided by the Technology (e.g. embed codes, etc), then you are solely responsible for the acts of such third parties who use your content or the EVOLVE Technology in connection with the distribution of your content. You specifically agree that, as between you and EVOLVE, all distribution of your content through a third party shall be subject to the same legal terms as reflected in the then-applicable Video License and Representation Agreement between you and EVOLVE.  Any advertising revenue generated from advertisements run on a third party website shall not constitute Advertising Revenue as the term is defined in your Video License and Representation Agreement and shall be retained by EVOLVE.
  8. Privacy Policy.  If Evolve serves advertisements on your websites through the Technology, Evolve and/or some of its advertising partners may use third-party advertising companies (“Ad Serving Services”) to serve such advertisements on your websites.  These third-party advertising companies may employ cookie technology to measure advertisement effectiveness and may collect information about user visits to your websites.  As such, you represent and warrant, and agree that your websites at all times will feature, an easy-to-understand privacy policy, linked, at a minimum, conspicuously from each website’s home page(s), with a link that contains the word “Privacy,” that (x) properly discloses the use of the Ad Serving Services in accordance with applicable law (including industry self-regulation or standard practices proposed by organizations such as the Digital Advertising Alliance or Network Advertising Initiative), including, without limitation, (i) the use of third party advertising technology, (ii) the data collection and other uses of the Ad Serving Services, and (iii) any reporting and/or targeting activities, and (y) offers the user an opportunity to opt out from such collection and use via a live hyperlink to an opt out service such as the Network Advertising Initiative  http://www.networkadvertising.org/managing/opt_out.asp or Digital Advertising Alliance http://www.aboutads.info/choices/.  Where any content on your webiste is made available to any individual in the European Union, you agree to duly observe all their obligations under European data protection legislation, in particular Directive 95/46/EC, Directive 2002/58/EC and Directive 2009/136/EC as implemented nationally, and any other relevant data protection and privacy laws which may arise in connection with your Video License and Representation Agreement with Evolve.  Notwithstanding the generality of the foregoing, you agree to bear sole responsibility for obtaining the lawful consent of any user whose equipment is accessed or used for the storage of cookies or similar technology for the provision of Evolve’s services in accordance with your Video License and Representation Agreement with Evolve and this Evolve Media Technology Use Policy.
  9. Third Party Use of Technology.  If you are a website owner or operator who is distributing another websites’ content through the Technology (via having grabbed an embed code or otherwise) without having entered into an agreement with EVOLVE, then your use is subject to having received the prior written approval of EVOLVE and, regardless of whether such approval has been granted, your use (even unauthorized use) shall at all times be subject to the following terms and conditions:
    1. EVOLVE and/or the publisher of the content may terminate the distribution of the content and/or the availability of the Technology at any time for any reason without notice;
    2. You take the content and the Technology on an “as is” basis, as it is offered or not from time to time, and EVOLVE does not make any representation, warranty, or covenant regarding the content or the Technology. EVOLVE hereby disclaims any and all express and implied warranties as to any matter including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, and otherwise to the fullest extent of the law.
    3. You agree to abide by all of the prohibitions set forth in this Evolve Media Technology Use Policy.
    4. Except as expressly permitted by EVOLVE, you shall not: (i) license, sublicense, download, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Technology or any content made available through the Technology; (ii) modify or make derivative works based upon the Technology or any content made available through the Technology; (iii) “frame” or “mirror” any content on any other server or wireless or internet-based device to interfere with or re-distribute the Technology; (iv) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon your access to or usage of the Technology or the EVOLVE CMS; (v) rent, lease, transfer, or otherwise transfer rights to any aspect of the Technology or any content made available through the Technology; or (vi) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the Technology. You further agree that upon termination of availability of the content, you shall no longer have the right to use the Technology, display the Technology, or stream or make available for download any content from the Technology on or through your owned or operated website(s).
    5. You expressly agree and acknowledge that EVOLVE retains any and all right, title and interest in all of EVOLVE’s intellectual property and other rights, including but not limited to the EVOLVE Services, the Technology, and the EVOLVE CMS and all components thereof.
    6. You agree to include terms and conditions on your websites which include restrictions on downloading the content made available through the Technology for other than personal use, and prohibit republication, retransmission, reproduction, or other use of such content.
    7. You agree to indemnify fully and hold harmless EVOLVE and EVOLVE’s officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns (the “EVOLVE Indemnitees”) from and against any and all claims, damages, liabilities, fees or the like brought by end users of your website(s), advertisers on your website(s), or other third parties arising out of or related to use of the Technology, the EVOLVE CMS or the EVOLVE Services on or through your website(s), and/or for the distribution of the content on or through your website(s) through the, and/or for breach of any of the terms and conditions stated herein.
    8. Under no circumstances shall EVOLVE be liable to you for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages) arising from or related to the delivery (or non-delivery) of the Technology (including such damages incurred by third parties), such as, but not limited to, loss of revenue, or anticipated profits or lost business. Under no circumstances shall EVOLVE be liable for any damages to any party who uses the Technology without first establishing a Video License and Representation Agreement with EVOLVE, and in such cases, only to the extent specifically provided for therein (if any).
Any claim, action, complaint, dispute, litigation or the like brought against EVOLVE or any EVOLVE Indemnitee by any third party or by any end user of any website owned or operated by any third party, including without limitation regarding these terms and conditions, their interpretation, performance or any breach thereof: (i) shall be construed in accordance with, governed by, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state, (ii) shall be adjudicated solely in the state or federal courts located Los Angeles County in the State of California, and (iii) each third party and end user of any website owned or operated by any third party hereby waives any objection to the foregoing provisions of this section.

EVOLVE may change these policies at any time without advance notice.

Last updated: September 11, 2012


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