Last Updated: June 6, 2017
1. License to Use the Site
EVE grants you a limited, non-exclusive license to access and view content on the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by EVE in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by EVE are reserved.
3. Submission of Content/Acquisition Policy
In order to protect our clients and to avoid misunderstandings about ownership and use of intellectual property, and for other reasons, please do not submit information that would be considered proprietary and confidential unless and until you have discussed with us the reasons for doing so and we have agreed in writing to accept any such information. While we welcome inquires about EVE’s services and any submissions that we have agreed by express prior consent that EVE has agreed to receive (“Solicited Submissions”), it is EVE’s policy not to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Unsolicited Submissions”). The purpose of EVE’s Unsolicited Submissions policy is to avoid potential misunderstandings about any of EVE’s services, intellectual property (including without limitation copyrights, trademarks, servicemarks, and proprietary information) and the services, intellectual property intellectual property (including copyrights, trademarks, servicemarks, and proprietary information) of EVE’s existing clients, or any individual or entity from whom EVE has agreed to receive Solicited Submissions. EVE hopes you will follow its terms of Unsolicited Submissions Policy. Despite knowing that policy, if you still choose to make any Unsolicited Submissions to EVE, then regardless of what you submit and regardless of what any accompanying communication states, the following terms shall apply to your Unsolicited Submissions. You agree that:
EVE will consider the Unsolicited Submissions to be non-confidential and non-proprietary.
EVE shall have no obligations concerning the Unsolicited Submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Submissions.
EVE may dispose of any such Unsolicited Submissions without further notice or otherwise, and disclose at its sole discretion any such Submissions to its legal counsel.
In no event shall you or any third party be entitled to any compensation from EVE for your Unsolicited Submissions.
Please review the information on the Site to learn about the services EVE provides, the types of works that EVE is interested in possibly pursuing, and the manner in which EVE may be contacted.
4. Representations and Warranties; Indemnification
5. Infringement Notice
EVE respects the intellectual property rights and others and requests that you do the same. Notifications of claimed copyright infringement and any and all other claims arising from this Agreement should be sent to EVE’s Designated Agent for copyright and all other claims: Contact info@EastVillageEntertainment.com.
6. Disclaimers and Limitations on Liability
EVE reserves the right to modify the Site. You are responsible for providing your own access to the Site. EVE provides the Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. EVE expressly disclaims any and all representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, EVE shall not be liable, with respect to any claim arising out of or relating to the Site or this Agreement, for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) an amount exceeding USD $50.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
7. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, without regard to principles of conflicts of law and with regard to agreements entered into and performed in New York.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site must be commenced in the state or federal courts located in New York County, New York (and you consent to the jurisdiction of those courts). In any such action, EVE and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by EVE in exercising any right hereunder will waive any further exercise of that right. EVE’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without EVE’s prior written consent. No third party shall have any rights hereunder.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by EVE on the Site or a written amendment signed by an authorized representative of EVE. A revised Terms of Service will be effective as of the date it is posted on the Site.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between EVE and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
QUESTIONS: You may submit questions about this Agreement to the following address:
ATTN: EVE TOU Inquiry
Smallman + Snyder Law Group
276 Fifth Avenue, Suite 805
New York, New York 10001