Accepting these Terms
Your EVEN Account
You need to create an account with EVEN to use the Services. When you create an account, we will ask you for some information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
Your EVEN account is subject to the following conditions:
EVEN Account Access: you understand and agree that access to your EVEN account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your EVEN account to any person without our prior written permission.
Security: you understand and agree that you are solely responsible for maintaining the security of your EVEN account and control over any usernames, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of EVEN Releases and Access. You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.
Processing Fees: by buying a Release on EVEN, you agree to pay all applicable fees, and you authorize EVEN to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or sale of a Release. All transactions and processing fees are non-returnable.
Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record are considered valid.
You agree that EVEN has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that:
Your account is being used for money laundering or any illegal activity;
You have concealed or provided false identification information or other details;
You have engaged in fraudulent activity;
You agree that we and/or the artists may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
You agree that we and/or the artists may send you communications by email or text message that pertain to the status of a purchase or sale of a Release on EVEN, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a Release you are interested in purchasing.
You may opt out of promotional communications at any time by following the instructions provided therein.
The Site allows:
Users to create a profile where they can post certain information about themselves, link to other websites, purchase Releases, and display Releases that they own (collectively, “Profile Information”);
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not EVEN, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site. If you are an EVEN Artist, you hereby grant EVEN the right to use your name and image for marketing or promotional purposes. If you are an EVEN Artist, you agree that we may use or modify images from the EVEN Releases that you create for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote the Releases that you create.
As an EVEN Artist, you understand and agree that:
You are responsible for the accuracy and content of your EVEN Release;
Any EVEN Release that violates any of EVEN’s policies may be obfuscated or removed from the Site by EVEN, in its sole discretion;
You will respect the intellectual property of others;
You will not breach or circumvent any laws, regulations, third-party rights or our systems, services, policies, or determinations of your account status;
You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to EVEN.
You will not circumvent any technical measures used to provide our Services.
You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available, or otherwise communicate to the public anything to which you do not hold the necessary rights. In particular, any unauthorized use of copyright-protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Site), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in the termination of your access to the Site and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
It is expressly understood that EVEN Artists are to receive no remuneration for any plays or activity resulting from any upload on the platform of EVEN Releases.
Grant of Rights
Artist hereby grants EVEN and its Subcontractors the irrevocable, limited exclusive right and license (inclusive of the ability to sublicense on the terms provided herein) in the Territory to do the following, as well as all ancillary and related services thereto:
Create EVEN Releases and Create Digital Assets: Extract, create, mint, produce, reproduce, and "manufacture" each new unique EVEN Release and the Digital Assets.
Create and Use Artist Content, Promotional Deliverables, and Likeness: reproduce, adapt, display, create derivative works, and otherwise use and exploit the Artist Content as authorized in this Agreement, including uses of the Likeness, in whole or in part, to promote (i) the EVEN Release Access (and each EVEN Release and each EVEN Release Access Drop), the EVEN Release, the Platform, and EVEN and (ii) the subsequent sale or resale(s) of EVEN Releases.
Post in Designated Location: permanently post each such Digital Asset solely in its applicable Designated Location.
Rights in Digital Assets: allow, permit, and authorize each and every holder/purchaser of an applicable EVEN Release to have the unlimited rights, for their own respective personal uses, during such holder’s/purchaser's ownership period, to obtain permanent downloads of, stream, and/or view (as applicable) the Digital Assets (of the Artist Content, including the Preview Content, for the avoidance of doubt) associated with the EVEN Release acquired/purchased by such holder/purchaser, it being specifically acknowledged and agreed by Artist, insofar as Artist’s rights are implicated, that each EVEN Release shall be infinitely Transferable.
Rights in Preview Content:
permit users to stream on-demand, the Preview Content, on a gratis basis, solely for purposes of promoting the availability of the Platform, EVEN, the EVEN Release Access, and the EVEN Releases; and
permit each holder/purchaser to showcase and promote the purchase, ownership, and potential Transfer of their respective EVEN Releases, either (1) via public reference to the availability of the applicable Preview Content on the Platform via the Platform Player and/or (2) by publicly sharing and/or posting the Preview Content outside the Platform Player and/or the Platform, in each case, only during such holder’s/purchaser's ownership period.
Server Copies: make, process, otherwise use and store on EVEN’s servers such copies of the Artist Content and the Digital Assets thereof as are necessary to enable EVEN to exercise the rights granted under the Definitive Agreement (including, without limitation, to enable the Platform Player to play on-demand streams of the Digital Assets that are located in their respective Designated Locations).
Rights in Artist Data: collect the Artist Data and use the same, in whole or in part, whether or not aggregated or anonymized, in connection with any and all lawful purposes, including promoting the Platform, EVEN Releases, in any and all media now known or later developed.
Artist Access Obligations
In addition to providing the Grant Of Rights above, Artist agrees to the following:
Artist shall be fully and solely responsible for fulling each, every and all aspects of any and all EVEN Release Access (“Access”), including the Experiential Components in strict accordance with the Completed Descriptions (including the procurement and delivery of any and all concert tickets, VIP experiences, meet and greets, and all related venues, agents, ticketing companies, providers of any travel or lodging products or services, providers of any food service or catering products or services, payments or contributions to unions, guilds, and any and all other costs and expenses incurred or expended in connection with Artist’s obligation to provide each Experiential Component, it being acknowledged that each EVEN Release containing an Experiential Component will be capable of, subject to the terms and conditions of such EVEN Release and the nature of such Experiential Component(s), Transfer by each subsequent holder/purchaser of each such EVEN Release, such that a different holder of an EVEN Release may exist with respect to one or more Experiential Components of such EVEN Release.
Representations and Warranties
You hereby represent and warrant to EVEN as follows:
Your Content and the availability thereof on the Site does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information;
You have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Site;
Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libelous, defamatory, pornographic, or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
Your Content does not and will not create any liability on the part of EVEN, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and/or shareholders. EVEN reserves the right to remove Your Content, suspend or terminate your access to the Site and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the EVEN logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “EVEN Content”) are the proprietary property of EVEN or our affiliates, licensors, or users, as applicable. The EVEN logo and any EVEN product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of EVEN or our affiliates, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
You may not use any EVEN Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any EVEN Content without our express written consent. In addition, the look and feel of the Site and Content, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of EVEN and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of EVEN.
Your Use of EVEN
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
Abusive Activity: you agree not to engage in any activity that poses a threat to EVEN, for example, by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts.
Inappropriate Behavior: you agree not to interfere with other user’s access to or use of the Services.
Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
Fraud: you agree not to engage in any activity which operates to defraud EVEN, others users, or any other person; or to provide any false, inaccurate, or misleading information to EVEN.
Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
Taxes: you agree that you are solely responsible for determining what, if any, taxes apply to your EVEN Release transactions. Neither EVEN nor any other EVEN Party is responsible for determining the taxes that apply to your EVEN Release transactions.
Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use EVEN Content (as defined in Section 7 above) without express written consent from EVEN; or (3) engage in any action that implies an untrue endorsement or affiliation with EVEN.
Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray EVEN, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Content; (2) modify or create derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for purposes of page caching, except as expressly permitted by us.
You agree and understand that we may modify part or all of EVEN or the Services without notice.
Users understand and agree that EVEN may utilize its employees and affiliates as well as any designated subcontractor, vendor, or third party, which may change from time to time without notice, including Caves Inc. d/b/a Paper as a checkout service that allows users to purchase EVEN Releases, Stripe, Inc. for payment processing, Non-Fungible Labs, Inc. d/b/a Thirdweb to set up and execute the respective smart contracts, Magic Labs, Inc. as a crypto wallet, and Polygon as the blockchain ecosystem the Platform operates on (each and collectively, a “Subcontractor”) to render services and carry out its obligations hereunder. As such, this Agreement hereby incorporates the Subcontractor Terms as a substantive part of this Agreement and is at all times subject to each of the Subcontractor’s respective terms of service, privacy policies, and community guidelines, which may change from time to time without notice (collectively, the “Subcontractor Terms”) as well as EVEN’s terms of service, privacy policies, and community guidelines (collectively, the “EVEN Additional Terms”). Except as expressly provided elsewhere in this Agreement, in the event of any explicit conflict between the terms of this Agreement, the Subcontractor Terms, and the EVEN Additional Terms, the following order of governance shall take precedence with respect to EVEN’s affirmative obligations hereunder: first the terms of this Agreement, then the terms of the EVEN Additional Terms, and then the Subcontractor Terms.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EVEN THE SITE, CONTENT CONTAINED THEREIN, AND EVEN RELEASES LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVEN (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. EVEN DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE EVEN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, EVEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY EVEN RELEASE LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF EVEN RELEASES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR EVEN RELEASES.
EVEN RELEASES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE POLYGON PLATFORM. WE DO NOT GUARANTEE THAT EVEN OR ANY EVEN PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY EVEN RELEASES.
EVEN is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of EVEN Releases. EVEN is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting EVEN Releases including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, EVEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
EVEN responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. EVEN’s takedown program works to ensure that items and content using EVEN services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team, at the email in Section 25 below and we will investigate.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
If you have a dispute with one or more users, you release EVEN (and our affiliates and subsidiaries, and EVEN’s and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
To the fullest extent permitted by law, you agree to indemnify the Company and the Affiliated Parties, and to hold them harmless from and against any claim, liability, loss, damage, suit, judgment, including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site (including the Marketplace), violation of the Terms, your violation of applicable laws, rules or regulations, and/or your violation of any third party right. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless the Company or company Affiliated Party from or against any liability, losses, damages or expenses incurred to the extent of any action or inaction of the Company or an applicable company Affiliated Party.
We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Site or Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.
If you have any questions, would like to provide feedback, or would like more information about EVEN, please feel free to email us at email@example.com.
You affirm that you are over the age of 18. If you are under the age of 18, you may not use the Site. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will, unfortunately, have to close your account. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE (IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY), THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF ANYONE UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF EVEN, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.