8. Indemnity
You agree to defend, indemnify and hold harmless EvoLinks, its parent
corporation, officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the EvoLinks Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the EvoLinks Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the EvoLinks Website is not intended for children
under 13.
If you are under 13 years of age, then please do not use the
EvoLinks Website,there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by EvoLinks without
restriction.
11. General
You agree that: (i) the EvoLinks Website shall be deemed solely based in
Texas; and (ii) the EvoLinks Website shall be deemed a passive website that
does not give rise to personal jurisdiction over EvoLinks, either specific or
general, in jurisdictions other than Texas. These Terms of Service shall be
governed by the internal substantive laws of the State of Texas, without
respect to its conflict of laws principles. Any claim or dispute between you and EvoLinks that arises in whole or in part from the EvoLinks Website shall be
decided exclusively by a court of competent jurisdiction located in Texas. These
Terms of Service, together with the Privacy Notice at
Privacy Policy pages and any other legal notices published by EvoLinks on the Website, shall constitute the entire agreement between you and
EvoLinks concerning the EvoLinks Website. If any provision of these Terms of
Service is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms of Service, which shall remain in full force and effect. No waiver
of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and EVOLINKS's failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. EvoLinks reserves the right to amend these
Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the EvoLinks
Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND EVOLINKS AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EVOLINKS WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Term of Service modified March 25,2007
