TERMS OF USE
1. AGREEMENT
1.1. Evapify sp. z o.o., with its registered seat at Złota street 75a/7, 00-819 Warsaw, a company
incorporated under the laws of the Republic of Poland with a company registration number
0000937672 (“Evapify”), has the rights of use the brand names “Evapify” as well as their
accompanying logo wherein used here. All rights thereto are reserved.
1.2. By visiting or using any Evapify website (“Site”), or the services provided on any Evapify’s Site,
you agree to these Terms of Use.
1.3. If you are a Evapify’s service provider, dealer, agent, consultant, contractor, or an employee of any
of these entities, your use of the Site may also be subject to your binding agreement with Evapify,
and if any provision of these Terms of Use conflicts with any term in your agreement with Evapify,
the term of your agreement with Evapify prevails to the extent of such inconsistency.
1.4. Please read these Terms of Use, together with our Privacy Policy carefully, they will govern our
relationship with you in relation to your use of the Site and will constitute an ongoing binding
agreement between Evapify and yourself.
2. SITE USE
2.1. You acknowledge that you are at least eighteen (18) years of age and with full legal capacity.
2.2. You are responsible for ensuring that all persons who access the Site through your internet
connection are aware of these Terms of Use and other applicable terms and conditions, and that
they comply with them.
2.3. The content on the Site is for general information only. It is not intended to amount to advice on
which you should rely. You must obtain professional or specialist advice before taking, or
refraining from, any action on the basis of the content on our Site.
3. SECURITY
3.1. Some parts of the Site may require your name, e-mail address or mobile phone (contact form).
4. PROHIBITED USES
4.1. You agree not to:
4.1.1. in any way that breaches any applicable local, national or international law or regulation;
4.1.2. use the Site or its contents for any purpose that is unlawful or fraudulent, or has any
unlawful or fraudulent purpose or effect;
4.1.3. resell any aspect of the Site or services available on it;
4.1.4. bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site
or any Evapify system or network;
4.1.5. use the Site to send altered, deceptive or false source-identifying information;
4.1.6. use the Site to intercept, collect or store personal information about other users;
4.1.7. spam other users or take other actions that may affect the operation or enjoyment of the
Site by other users;
4.1.8. access, monitor or copy any content or information on the Site using any robot, spider,
scraper or other automated means or any manual process;
4.1.9. decompile, disassemble or reverse engineer any of the software or content used in any part
of the Site or any Evapify system or network;
4.1.10. send a virus or use any malicious or harmful programs or techniques or computer code
designed to adversely affect the operation of the Site or any computer software or
hardware;
4.1.11. overload or crash the Site or any Evapify server or network; or
4.1.12. engage in excessively high volume data transfers or bandwidth use, including without
limitation by hosting a web server, internet relay chat server or any other server via any
use of the Site;
4.1.13. to transmit, or procure the sending of, unsolicited or unauthorised advertising or
promotional material or any other form or similar solicitation (spam);
4.1.14. attempt to gain unauthorised access to the Site, the server on which the Site is stored or
any server, computer or database connected to the Site; or 4.1.15. infringe the copyrights or intellectual property rights of Evapify or others.
5. SUBMISSIONS
5.1. The Site and Evapify social media accounts may have features that let you submit content or
communicate with Evapify, other users, and the general public, such as e-mail, posting comments,
reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments,
suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other
materials you submit via the Site (“Submissions”).
5.2. You agree to only post, upload submit, or request, Submissions that are appropriate and related
to the purpose of the Site.
5.3. You represent that you own or control all of the rights necessary to grant the licenses and
sublicenses to your Submission as described in these Terms of Use.
5.4. By posting Submissions that contain images, photographs, pictures or that may otherwise be
graphical in whole or in part (“Images”), you represent that each person depicted in any Image,
if any, has provided consent to the distribution, public display and reproduction of any Image.
5.5. You are fully responsible for any damage or harm resulting from your Submissions, and we assume
no liability for Submissions posted or submitted by you or other users. You must not post, upload,
submit or request:
5.5.1. any unlawful, threatening, violent, discriminatory, libelous, defamatory, obscene,
pornographic, or other material or content that is otherwise objectionable to us in our sole
discretion;
5.5.2. any commercial material or content (including, for example, funding solicitations,
advertising, or marketing any good or services);
5.5.3. any information you are prohibited from transmitting by contract or confidential
relationship;
5.5.4. any material that exploits or harms minors (any person under the age of eighteen (18)
years), intentionally or unintentionally, including by exposing minors to content that is
inappropriate, providing minors’ personally identifiable information, or seeking to obtain
personally identifiable information from minors;
5.5.5. to bully, insult, intimidate, humiliate, harass, alarm or embarrass any person;
5.5.6. any material that could harm Evapify’s business, reputation, employees, subscribers,
facilities, or any person;
5.5.7. any material that infringes, misuses or violates any copyright, trademark, patent right,
trade secret or other proprietary right of anyone, including rights of publicity and privacy;
5.5.8. content for which you were compensated or granted any consideration by any third party;
5.5.9. content that references other websites, addresses, email addresses, contact information,
or phone numbers;
5.5.10. that impersonates any person or misrepresents your identity or affiliation with any person;
5.5.11. that advocates, promotes, incites any party to commit, or assist any unlawful or criminal
act; and
5.5.12. content that contains computer viruses, worms, or other potentially damaging computer
programs or files.
6. RIGHTS IN SUBMISSIONS
6.1. For any Submission you post, upload, submit or request via the Site, you grant Evapify a
worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-
licensable right to:
6.1.1.use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from,
distribute, disclose and publicly display and perform your Submission for commercial
purposes throughout the world in any media now known or hereafter developed; and
6.1.2. publish the name that you submit in connection with your Submission.
6.2. You agree that you have no recourse against Evapify for anyone’s infringement, misuse or violation
of any right you may have in your Submissions.
6.3. You also irrevocably agree that Evapify can pursue claims against anyone who violates Evapify’s
rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion
of, or failure to store or otherwise provide access to Submissions submitted by you and you are solely responsible for securing and backing up your content. No compensation will be paid with
respect to the use of your Submission as provided in these Terms of Use.
6.4. By submitting your email address in connection with your Submission, you agree that Evapify and
its third party service providers may use your email address to contact you about the status of your
review and other administrative purposes connected with use of the Site or to our products.
7. THIRD PARTY SITES AND CONTENT
7.1. Parties other than Evapify may display and make available content, data, services and products
through the Site. You acknowledge that Evapify is not a publisher of, does not control or endorse,
and is not responsible or liable for, any such third party content.
7.2. Managers and hosts of interactive forums on the Site, for instance, blogs or chat rooms are not
authorized Evapify spokespersons or representatives, and the information and material they
publish has not been verified or approved by us and their views or values do not necessarily reflect
those of Evapify.
7.3. The Site may contain links to websites operated by parties other than Evapify. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy
practices, or any other policies provided on those websites. Such links should not be interpreted
as approval by us of those linked websites or information you may obtain from them.
8. PRIVACY POLICY
8.1. For information about how we collect, use and share information related to your use of the Site or
our services, please refer to our Privacy Policy.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Except for Submissions, the Site and its content, software, and services (together, “Materials”)
are the property of Evapify and its suppliers and is protected by copyright, trademark, service
marks, and other proprietary or intellectual property rights (“Intellectual Property Rights”).
We reserve all of our rights in the Materials.
9.2. If any service on the Site includes the provision of a specific IP address, URL or other designation
for your use, you acknowledge and agree that you will not receive any proprietary or ownership
rights in such designation, and that we may change your IP address, URL or other designation at
any time.
9.3. The trademarks, service marks, logos, designs, icons, graphics, product and service names,
company names and other source identifiers displayed or presented on the Site are registered or
unregistered trademarks of Evapify, its suppliers or other third parties, and may not be copied,
imitated or used, in whole or in part, without prior written permission of Evapify or their relevant
owners.
9.4. Nothing contained in this site may be construed as a grant of a license or right of use of any
trademark displayed in this site without the prior express written permission of Evapify or its
relevant owner, by implication, estoppel, or otherwise.
9.5. A reference to any products, services, processes, or other information does not constitute or imply
any endorsement, affiliation, sponsorship, approval or recommendation by Evapify.
10. INFORMATION
10.1. Evapify does not warrant, guarantee or represent, whether express or implied, that the content on
the Site is accurate, complete, or current. Despite our efforts, product and service descriptions may
be inaccurate. Evapify reserves the right to correct any inaccuracies or omissions on the Site, to
revoke any offer, to cancel your request, and to take any other actions it deems reasonable or
necessary to rectify the error.
11. WARRANTY DISCLAIMERS
11.1. This Site is provided on an “as is” and “as available” basis without warranties or covenants of the
site, any Materials or apps included on, downloadable from or otherwise accessible via the Site, or
any services or products available via the Site, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, and
non-infringement.
11.2. Further, Evapify, does not represent or warrant that access to the Site will always be available or
be uninterrupted, free from unauthorized access, including third party hackers or denial of service attacks. Evapify may without notice at any time suspend or withdraw or restrict the availability of
all or any part of the Site for business and operational reasons.
11.3. Evapify dose not authorize anyone to make a warranty of any kind on its behalf and you may not
rely on any such statement of warranty.
11.4. Evapify does not guarantee that the Site will be secure or free from bugs or viruses. You are
responsible for configuring your information technology, computer programmes and platform to
access the Site and to use your own virus protection software.
11.5. Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or
otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving
Evapify’s prior written approval, which may be withheld or granted subject to the conditions
Evapify specifies from time to time.
12. LIMITATIONS OF LIABILITY
12.1. In no event shall Evapify be liable for any direct, special, indirect or consequential damages, or any
other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or
in any way connected with:
12.1.1. the use of or inability to use the Site or any Materials;
12.1.2. the use of or reliance of any content displayed on the Site; or
12.1.3. any claim attributable to errors, omissions, or other inaccuracies in the Site or any Materials
even if Evapify or our authorized representatives have been advised of the possibility of such
damages.
13. INDEMNIFICATION
13.1. Neither Evapify or its directors shall be responsible for, and they hereby disclaim all liability for, any
loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature
whatsoever which may be suffered by you or any third party, as a result of or which may be
attributable, directly or indirectly, to your access and use of the Site and/or any information
contained on or received via the Site, your use of the service/s and/or your reliance on any
information offered via the Site and service/s.
13.2. You agree to indemnify, defend, and hold harmless Evapify, and our officers, directors, employees,
agents, licensors and suppliers from and against any claims, causes of action, demands, losses,
expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees,
brought by third parties as a result of:
13.2.1. your violation of these Terms of Use;
13.2.2. your use of the Site;
13.2.3. any Submissions you supply; or
13.2.4. your violation of any law or the rights of a third party.
14. GENERAL
14.1. Capitalized terms and undefined in these Terms of Use have the meaning given to them in these
Terms of Use.
14.2. You may contact us using the methods described on [email protected] or via contact form
available on the Site.
14.3. These Terms of Use are governed by and will be enforced under the laws of the Republic of Poland.
14.4. You irrevocably agree that the courts of Poland shall have exclusive jurisdiction to settle any
dispute, controversy or claim that arises out of or in connection with these Terms of Use.
14.5. You agree that these Terms of Use and any other electronic agreement, notice, or other
communication that we provide to you meets any legal requirement that such communication be
in writing.
14.6. We may transfer our rights and obligations under these Terms of Use to any person without any
notice to you.
14.7. We may change these Terms of Use. Please visit the Site periodically to see the most current Terms
of Use that govern your use. The amended terms will be made available on the Site. Each time you
access the Site, you agree to be bound by the terms that apply at that time. Evapify makes
reasonable effort to update the information provided on the Site on a regular basis.
14.8. If you do not accept these Terms of Use, please do not continue to use the Site. Please note that
the terms and conditions stated in these Terms of Use refer to the use by you of the Site and they do not replace any commercial agreement concluded between you and Evapify for the provision of
any service or product .
14.9. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under
relevant law, then that part will be deemed replaced with a valid, enforceable provision that most
closely matches the intent of the original provision, and the remaining Terms of Use will continue
in full force and effect.
14.10. Evapify’s failure or delay to enforce strict performance of any part of these Terms of Use does not
waive any of our rights nor does partial exercise of its rights or remedies.
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