Terms of Service

  1. Introduction

This Terms of Use (hereinafter the "Agreement") is an agreement between you (hereinafter "you" or "user") and Evdance and its affiliates (collectively, “Evdance”, “we”, “us” and “our”) . The Agreement is applicable to all the users or browsers accessing Evdance’s websites or applications that reference or link to this Agreement.

Before creating an account on Evdance websites or applications or using Evdance Services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of  Evdance from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.

By clicking "Agree" on the relevant web page/applications and/or creating and using an user account (hereinafter "Account"), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using EvdanceServices.

  1. User account, Accuracy & Security

2.1 Creating an Account

When you access and use certain parts of the Evdance.com website or application, you may be asked to create a user account and provide personally identifiable information.

After successfully creating your account, you can use it to log in to various Evdance’s websites or applications without needing to create an account again.

2.2 Information Accuracy

For the information you provided, we will only process that information for the purposes of verification of your identity, we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of EvdanceServices is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to EvdanceServices. For additional information, see our Privacy Notice.

2.3 Account Security

You may be asked to provide a username, password and other possible information to protect your account. You are responsible for keeping your password confidential. You may not use any other person's username or password, share your username and password, or circumvent any authentication mechanism that requires you to enter a username, password, or any other information in order to gain unauthorized access to EvdanceServices. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss caused to you by others using your account with or without your knowledge. You may be liable for any losses suffered by us, our affiliates, employees, and representatives as a result of the use of your account by others.

 

  1. Privacy Notice & Cookies

By using EvdanceServices, you represent and warrant that you have read and understood and agree to be bound by our Privacy Notice (the “Privacy Notice”).  .

As explained more fully in the Privacy Notice, Evdancewebsites uses Cookies to collect certain information from you. Before using Evdancewebsites, please carefully read and fully understand our Cookie Notice.

  1. Eligibility

By accessing and/or using Evdance Services, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using EvdanceServices on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

  1. Purchases & Payments

If you purchase a Product through Evdance websites or applications, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through Evdancewebsites or applications, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we've dispatched the product to you.

At our sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

  1. License to Use Service

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access EvdanceServices for your personal use.  

This license does not include, and you must not:

  • Republish material from EvdanceServices (including republication on another service), sell, rent or sub-license material from EvdanceServices
  • Show any material from EvdanceServices in public
  • Reproduce, duplicate, copy or otherwise exploit material on EvdanceServices for a commercial purpose
  • Edit or otherwise modify any material on EvdanceServices
  • Redistribute material from EvdanceServices except for content specifically and expressly made available for redistribution

Unless otherwise stated, we and/or our licensors own the intellectual property rights in EvdanceServices and material on EvdanceServices, and all rights not expressly granted in this Agreement are reserved by us.

  1. Assumption of Risk; Release

You knowingly use Evdance Services at your own risk. You, on behalf of yourself, your personal representatives and your successors, voluntarily agree to release, waive, release, and make Evdance and all of its employees, agents, and affiliates

 

  1. Prohibited Conduct

We impose certain restrictions on your use of EvdanceServices. Any violation of this Section 8 may subject you to civil and/or criminal liability.

You shall not use EvdanceServices in any way that causes, or may cause, damage to EvdanceServices or impairment of the availability or accessibility of EvdanceServices, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You shall not use Evdance Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Evdance Services without our express written consent.

You shall not engage in any of the following conduct on Evdance Services, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with Evdance Services; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of EvdanceServices, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of EvdanceServices by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, EvdanceServices (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on EvdanceServices.

You shall not use Evdance Services to transmit or send unsolicited commercial communications.

You shall not use Evdance Services for any purposes related to marketing without our express written consent.

  1. User Content

In the Agreement, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to EvdanceServices, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that we shall not bring an action for infringement of any Product reviews posted by you without your express further permission.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

  1. 10. Intellectual Property

You represent and warrant that, when using EvdanceServices, you will obey all applicable laws and respect the intellectual property rights of others. Your use of EvdanceServices is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

10.1 Trademarks

Evdance, are trademarks or registered trademarks of Evdance Companies, and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with Evdance Services may be the trademarks of third parties. Neither your use of EvdanceServices nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of EvdanceServices will inure to the benefit of Evdance Companies, and you agree to assign, and do assign, all such goodwill to Evdance Companies. You shall not at any time, nor shall you assist others to, challenge Evdance Companies’ right, title, or interest in, or the validity of, the Marks.

10.2 Copyrights

10.2.1 All content and other materials available through EvdanceServices, including without limitation  logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Evdance Companies or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of Evdance Services nor this Agreement grant you any right, title, or interest in any such materials.

10.2.2 Uploading Contents 

Users may upload and post content to EvdanceServices, such as Evdancemake. This content may be in the form of uploading 3D printable files and posting other content (such as links, profile information and comments). You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licences and permissions to submit such content and can lawfully grant us the rights required in such content. You further represent and warrant that you shall not uploaded content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. We reserves the right to refuse or cancel user registrations or otherwise restrict access to the website in its absolute discretion.

Users may upload and post links to EvdanceServices. Linked websites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by us of the site.

It is further understood and agreed that we cannot and does not guarantee or warrant that files made available for downloading through the EvdanceServices will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through EvdanceServices are free from such contaminations.

  1. 11. Reasonableness

By using EvdanceServices, you agree that the exclusions and limitations of liability set out in the Agreement are reasonable.

If you do not think they are reasonable, you must not use Evdance Services.

  1. 12. Other Parties

EvdanceServices may be linked with services of third parties ("Third Party Services"), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Services.

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees, or any Evdance Companies, in respect of any losses you suffer in connection with EvdanceServices.

Without prejudice to the provisions of the preceding paragraph, you agree that the warranties and limitations of liability set forth in this Agreement will protect our officers, employees, and Evdance Company.

 

  1. 13. Indemnity

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us and Evdance Companies (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of EvdanceServices or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of EvdanceServices and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Evdance Companies.

  1. 14. Termination

14.1 Termination

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of EvdanceServices to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

14.2 Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Evdance Services. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of EvdanceServices. Upon termination, you shall cease any use of EvdanceServices.

After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of EvdanceServices, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

14.3 Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 7–17.

  1. 15. Dispute Resolution

15.1 This Agreement is governed by the laws of the People's Republic of China.

15.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Shenzhen International Arbitration Court. The arbitral tribunal shall consist of three arbitrators appointed in accordance with the said rules. The language of the arbitration shall be Chinese. The place of arbitration shall be Shenzhen, China.

  1. 16. Notices

All notices required or permitted to be given under this Agreement must be in writing.  We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at support@Evdance.com.

  1. 17. Miscellaneous

17.1 Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.

17.2 Severability

If a provision of the Agreement. is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.3 No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

17.4. Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

17.5 No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).

17.6 Entire Agreement

This Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of EvdanceServices, and supersede all previous agreements in respect of your use of EvdanceServices.

17.7 Changes to the Agreement

If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. If the change is material, we will provide you with notice pursuant to Section 18.

17.8 Contact Us

If you have any questions about our Terms of Use, please contact us at contact@evdances.com