evan.media (“us”, “we” or “our” as the context requires) provides online content or entertainment and other shopping or travel-related services (the “Services”) to users throughout the world via our websites, apps and other platforms (the “Platforms”).
Our Services and Platforms are provided by evan.media. Other entities that directly or indirectly control, are controlled by, or are under common control with evan.media and referred to in these terms as “evan.media network”. More information on the evan.media network can be found on : https://www.evan.media/ .
Some of our Services and Platforms impose different terms and conditions on your use of those services. Where that is the case, you will be clearly notified and those terms will operate in place of or together with these Terms as appropriate.
We may amend these Terms at any time at our discretion. If these Terms are amended, we will publish the revised terms and conditions and you will be deemed to have accepted any amendments if you continue using our Services or Platforms after the amendments are displayed. If you do not accept all of these Terms then you should not use our Services or Platforms.
Using our Services
You may only use our Services and Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to these Terms, we grant you a non-transferable, non-exclusive license to download, access and use our Services and Platforms for your own personal, non-commercial purposes and for no other purpose. We grant this license subject to you agreeing that you shall not:
use our Services or Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that: (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with evan.media; or (v) you do not otherwise have any rights or the permissions you need to make available;
use our Services or Platforms for any commercial purpose or in any manner which may cause damage to evan.media or bring evan.media into disrepute;
disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via our Services or Platforms, except as legally permitted;
copy, distribute, communicate to the public, sell, rent, lend or otherwise use our Services or Platforms, or seek to violate or circumvent any security measures in place to restrict your access to or use of our Services or Platforms;
use or interfere with our Services or Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
introduce onto, or transmit via our Services or Platforms any disruptive or malicious code, virus, worm, or trojan horse, or a ‘denial of service’ or ‘spam’ attack; or
remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on our Services or Platforms, or pass off or attempt to pass off our Services or Platforms as the product of anyone other than evan.media.
You also agree not to use any unauthorized automated computer program, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our Services or Platforms or the data contained on them.
Where you sign up to our Services or Platforms with a log-in account or password, you are responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know via our contact us page immediately.
Sharing information with us
To the extent that our Services or Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with evan.media or other evan.media users (“User Content”), you agree that:
you are solely responsible for User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share or for which you cannot grant the license in paragraph 2 below;
we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of your own User Content.
If you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby irrevocably assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by clicking on the ‘feedback’ tab or through our contact us page.
Except as set out elsewhere in these Terms, all intellectual property rights including copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in our Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to evan.media. You acknowledge that by using the Services or Platforms, you will not acquire any right, title or interest in or to them except for the limited license to use them granted to you by these Terms. You also acknowledge that you have no right to have access to any of the Services or Platforms in source-code form unless it is released under a license specifically permitting such access.
Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on our Services or Platforms, please send a written notification of the alleged infringement via our contact us page.
Price accuracy and warranty disclaimer
Your use of the Services and Platforms is entirely at your own risk.
Although we enforce strict price accuracy policies with all Providers who supply our product data and do our best to ensure that the content displayed on or via our Services and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content.
Likewise, our price forecasts are based on data that we hold that relates to past pricing trends, but there is no guarantee that our forecasts will be correct.
We provide the Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that our Services or Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
Limitations and exclusions of liability
These Terms set out the full extent of evan.media’s obligations and liabilities in respect of our Services and Platforms.
evan.media has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of our Services or Platforms (including, without limitation, any Provider). If you encounter any problems with any booking you make or attempt to make via evan.media, you acknowledge that you should resolve that issue with the relevant Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Provider and not with evan.media. Where our Services or Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on our Services and Platforms. Each individual advertiser is solely responsible for the content of its advertising material and evan.media accepts no responsibility for the content of advertising material, including, without limitation, any errors, omissions or inaccuracies.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via our Services or Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, our Services or Platforms or their contents.
Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or the evan.media network arising out of or in any way connected with your use of our Services or Platforms or breach of these Terms.
evan.media may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account and removing any User Content you have uploaded to our Services or Platforms. evan.media may suspend your access and use in whole or in part without notice at any time, for example to prevent you from uploading any User Content, without incurring any liability to you whatsoever.
You acknowledge that your unauthorized use of our Services or Platforms may result in irreparable damage and injury to evan.media and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of our Services or Platforms.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, please contact us using our contact form.
Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use Services or Platforms, to the extent permitted by law these Terms and your use shall be governed in accordance with the laws in France and you are deemed to have submitted to the non-exclusive jurisdiction of the courts within Metropolitan France to resolve any disputes which may arise hereunder. If you are using the Platforms or Services for commercial purposes, or via an unauthorized computer program as further described and prohibited under the “using our services” section of these Terms, then you submit to the exclusive jurisdiction of the courts within Metropolitan France for any disputes arising hereunder unless there is an existing commercial agreement between us governing your use which specifies otherwise.
If you require further information about evan.media or have any suggestions concerning how to improve our Services or Platforms, please contact us using our contact form.