Evolve Global, Inc. Terms of Service

Welcome to Evolve! Thank you for using The Podcast App and for taking the time to read this document.

Evolve Global, Inc. (“Evolve”, “we”, “us”, and/or “our”) provides a podcast listening service (the “Evolve Service”) through the website podcastapp.io as well as other websites owned or operated by Evolve (the “Sites”) and through mobile applications such as The Podcast App for iOS and Android (“The Podcast App”). Your use of the Evolve Service provided through or in connection with the Sites and The Podcast App and viewing of the content available at the Sites and The Podcast App, is subject to this Terms of Service Agreement and the current Evolve Global, Inc. Privacy Policy published at https://evolve.xyz/privacy/, which is incorporated herein by reference. These Terms of Service govern your access to and use of the Evolve Service, including any content, information, products or services therein. This is a legal agreement between you and Evolve. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE EVOLVE SERVICE.

1 - General

Links On The Evolve Service

The websites displayed as search results or linked to by the Evolve Service are owned and operated by individuals and/or companies over whom Evolve exercises no control. Evolve assumes no responsibility for the content of any website included in any search results or otherwise linked to by the Evolve Service. As an example, logos as well as links to podcast streams are the copyright of each respective podcast owner. If, for any reason, the owner and operator of a linked website wishes the link from the Evolve Service to be deleted, they must contact Evolve (info at evolve dot xyz) and expressly request such deletion.

Personal Use Only

The Evolve Service is made available for your personal, non-commercial use only. Use of Evolve to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Evolve search and reformat and display them, or mirror the Evolve home page or results pages on your website, or send automated queries to Evolve’s system without express permission from Evolve.

If you wish to make commercial use of the Evolve Service you must enter into an agreement with Evolve to do so. Please contact info at evolve dot xyz for more information.

2 - Content

Certain types of content are made available through the Evolve Service. “Evolve Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Evolve Service, excluding User Submissions. “User Submissions” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Evolve Service, including without limitation in Member created profile pages. EVOLVE RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY EVOLVE CONTENT OR USER SUBMISSIONS FROM THE EVOLVE SERVICE WITHOUT NOTICE.

3 - Your Obligations in Using the Evolve Service

The Evolve Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Sites and The Podcast App. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or The Podcast App:

a. Circumvent, disable or otherwise interfere with security related features of the Evolve Service or features that prevent or restrict use or copying of any Evolve Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a Evolve name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Evolve Service to send altered, deceptive or false source-identifying information;
f. Upload, post, email, or otherwise transmit, via the Evolve Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Evolve;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Evolve Service, servers or networks connected to the Evolve Service or the technical delivery systems of Evolve’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Evolve Service;
j. Attempt to probe, scan or test the vulnerability of any Evolve system or network or breach or impair or circumvent any security or authentication measures protecting the Evolve Service;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Evolve Services;
l. Attempt to access, search or meta-search the Evolve Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Evolve or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
m. Collect or store personal data about other Evolve Users without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
o. Use the Evolve Service in any manner not permitted by this Agreement; or
p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

4. Termination; Cancellation.

a. We may immediately terminate or suspend your access to the Evolve Service and remove any material (including User Submissions) from the Evolve Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Evolve Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Evolve Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Evolve is not liable to you or any third party for termination of the Evolve Service or termination of your use of the Evolve Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE EVOLVE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Evolve will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. Any suspension, termination or cancellation will not affect your obligations to Evolve under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

5. Modification of the Evolve Service or Terms of Service.

Evolve reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Evolve Service, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Evolve Service. By continuing to access or use the Evolve Service after Evolve makes any such modification, you agree to be bound by the revised Terms of Service.

6. Disclaimer of Warranties.

Evolve disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Evolve Service. Evolve disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Evolve disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Evolve Service.

THE EVOLVE SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EVOLVE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EVOLVE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EVOLVE SERVICE. EVOLVE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EVOLVE SERVICE. EVOLVE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY EVOLVE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EVOLVE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL EVOLVE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EVOLVE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EVOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EVOLVE SERVICE, FROM INABILITY TO USE THE EVOLVE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EVOLVE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EVOLVE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, EVOLVE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Evolve be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Miscellaneous Provisions.

The English language version of these Terms of Service is the version that governs your use of the Evolve Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Evolve.