5.C. In connection with User Submissions, you further agree that you
will not: (i) submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant EvoLinks all of the
license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage EvoLinks or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law, or
is otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. EvoLinks does not endorse any
User Submission or any opinion, recommendation, or advice expressed therein, and
EvoLinks expressly disclaims any and all liability in connection with User
Submissions. EvoLinks does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and EvoLinks will
remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights.
EvoLinks
reserves the right to remove Content and User Submissions without prior notice.
EvoLinks will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. EvoLinks also reserves the right to
decide whether Content or a User Submission is appropriate and complies with
these Terms of Service for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. EvoLinks may
remove such User Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
5.D. In particular, if you are a copyright owner or an agent thereof and
believe that any User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit the
service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or
the law; and
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
EVOLINKS's designated Copyright Agent to receive notifications of claimed
infringement using contact us.
For clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to EvoLinks customer service using contact us page.
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
5.E. You understand that when using the EvoLinks Website, you will be exposed to
User Submissions from a variety of sources, and that EvoLinks is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against EvoLinks with respect
thereto, and agree to indemnify and hold EvoLinks, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
