Terms of Use
Last Updated: Nov 16, 2024
Welcome to the Inevitable Audio Series Platform!
Before you dive into the legal details, here's a quick summary of what you need to know:
Who We Are: This platform is operated by EVEN Labs Inc., in partnership with J. Cole, to bring you exclusive access to his audio series, "Inevitable."
Your Account: You'll need to create an account to use the platform. We use Magic, a secure two-factor authentication service, to keep your login safe without needing a password.
Privacy and Your Data: We collect some information such asyour email, phone number, and name to share updates and special content with you. We won't sell your data to anyone else and are committed to keeping it safe. For more details, please review our Privacy Policy.
One-Time Payment, No Subscription: To access the audio series, you'll make a one-time payment—no subscriptions required! All payments are final, but if you have any questions or issues with your purchase, reach out to us at support@inevitable.live.
Enjoy the Content (But No Sharing or Recording): We're excited for you to enjoy exclusive content! Just remember, it's for you only—please don't take screenshots, recordings, or share it outside the platform. We may suspend or terminate accounts that violate this policy.
Be Respectful in the Chat: Our chat feature lets you talk with other fans and sometimes with J. Cole himself! Please keep it respectful, stay on topic, and avoid posting anything offensive. Violations could result in removal from the chat or platform.
Content Availability: We aim to keep the content accessible, but sometimes there may be issues. If anything is temporarily unavailable, we'll work on fixing it as soon as possible.
Support: We're here to help! If you have questions or need support, contact us at support@inevitable.live, and we'll respond within 24-48 hours.
This is the quick version! By using the platform, you agree to all the details in the full Terms of Use below. Please read through them to understand all the specifics.
Detailed Terms of Use
1. Acceptance of Terms
By accessing or using the Inevitable Audio Series Platform ("Platform"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use the Platform.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING, BROWSING, OR MAKING A PURCHASE, YOU AFFIRM, REPRESENT AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, AND (C) THAT YOUR ACCESS AND USE OF THE PLATFORM IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.
IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE PLATFORM.
We reserve the right to revise these Terms at any time and from time to time, for any reason in our sole discretion by any written announcement or notice or by posting an updated Termson the Platform without advance notice to you (the “Modifications”). These changes become effective immediately and, if you use the Platform after the Modifications become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these Terms by consulting the “Last Modified” date at the top of this page.
2. Platform Ownership and Operation
The Platform is operated by EVEN Labs Inc. ("EVEN," "we," "us," or "our"), located at 313 N Plankinton Ave., Milwaukee, WI 53203 USA, in collaboration with J. Cole. The Platform provides exclusive access to audio series content, personalized marketing, and related services.
3. Eligibility
In the course of your use of the Platform, you may be asked to provide certain personal information to us (“User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference. We will not knowingly collect personally identifiable information from any person that is actually known to use to be under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PLATFORM AT ANY TIME OR IN ANY MANNER.
4. User Accounts and Security
Account Creation: To access certain features, you must create a user account using Magic's secure two-factor authentication service.
Responsibility: You are responsible for maintaining the confidentiality of your authentication methods and all activities that occur under your account.
Unauthorized Access: Notify us immediately at support@inevitable.live if you suspect any unauthorized use of your account.
5. Privacy and Data Collection
Data Collection: We collect information such as your name, email address, and phone number to enhance your experience and provide updates related to the Platform and J. Cole's projects.
Data Usage: Your data is used solely for communications and purposes related to the Platform and artist and will not be sold or shared with third parties except as outlined in our Privacy Policy.
User Rights: You have the right to access, correct, or request deletion of your personal data. Contact us at support@inevitable.live to exercise these rights.
6. Communications and Notifications
By creating an account, you consent to receive communications regarding new content, events, and exclusive offers. You can manage your notification preferences in your account settings or opt out by following the instructions in our communications.
7. One-Time Payment and Refund Policy
Payment: If you choose to purchase Content on the Platform, you agree to the use of a third-party payment vendor (a “Payment Processor”). You acknowledge that you are subject to the rules, regulations, and other obligations specified in each such Payment Processors’ terms of use, which may include an additional transaction fee in connection with that payment.
Refunds: We do not offer refunds, even if you lose access to Content as explained herein. However, in specific cases, we may consider granting refunds at our own discretion.
Taxes: We are not responsible for determining the withholding, sales, use, value added, transfer or other potential tax, together with any interest and penalties imposed with respect thereto, that apply to your use of our Platform. You agree that you are solely responsible for determining what, if any, tax applies to your transactions and to withhold, collect, report and remit the correct amounts of tax to the appropriate taxing authorities.
Disputes: If you encounter issues with your purchase, contact us at support@inevitable.live.
8. Intellectual Property Rights
Ownership: All Content on the Platform, including audio, text, graphics, logos, and images, is owned by EVEN, J. Cole, or our licensors.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial purposes. We may revoke access to the Content at any time, in our sole discretion.
Prohibited Actions: Any commercial distribution, publishing, use or exploitation of the Platform or any elements thereof (including any Content, software, code, data or materials used in or available on the Platform) is prohibited. As a condition of your access to and use of the Platform, you agree that you will not use the Platform or any element thereof for any purpose that is unlawful, commercial in nature or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Platform from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that you shall not: (a) use the Platform for, or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons); (b) exploit the any part of the Platform for any unauthorized commercial purpose; (c) upload or transmit viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware, or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Platform; (d) attempt to or actually copy or make unauthorized use of all or any portion of the Platform, including by attempting to reverse compile, reformat or frame, disassemble, or reverse engineer any part of the Platform; (e) harvest or otherwise collect information from the Platform for any unauthorized purpose; (f) use the Platform under false or fraudulent pretenses or otherwise be deceitful; (g) interfere with other users’ access to or use of the Platform; (h) interfere with or circumvent the security features of the Platform or any third party’s systems, networks, or resources used in the Platform; (i) engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract in connection with the use of the Platform (and operations performed by a user that are technically permitted by a smart contract may nevertheless be a violation of these Terms, and the law); or (j) engage in any anticompetitive behavior or other misconduct.
Content and License: As used herein and throughout these Terms, “Content” shall mean all podcasts, audio recordings, albums, sound recordings, musical compositions (including lyrics), photographs, cover art, images, metadata, information, text, graphics, designs, and any other content, material, original works of authorship, and/or intellectual property that is published or otherwise made available on or through the Platform. In the event you access any Content on the Platform, whether via payment or otherwise (such availability as determined in our sole discretion), you'll receive a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and allows you to access the specific Content for your own private, personal, non-promotional, and non-commercial use. The Content you acquire through this process will usually remain accessible, but there may be times when it becomes unavailable.
9. User Conduct and Community Guidelines
Respectful Interaction: You agree to interact respectfully with others and refrain from offensive, abusive, or harassing behavior.
Prohibited Content: Do not post content that is illegal, infringing, defamatory, obscene, or otherwise objectionable.
No Unauthorized Sharing: Do not take screenshots, recordings, or share any content or chat communications outside the Platform.
Enforcement: We reserve the right to monitor user interactions and may remove content or suspend accounts that violate these Terms.
10. Content Availability
No Guarantee: We strive to keep the Platform accessible but do not guarantee uninterrupted availability of Content.
Modifications: We may modify or discontinue Content at any time without notice.
11. Miscellaneous
Representations and Warranties: In addition to any representations and/or warranties set forth elsewhere in these Terms, you represent and warrant that at all relevant times: (a) neither your performance under these Terms, nor your use of the Platform in accordance with the terms herein, has violated or will violate any applicable law; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); and (c) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual transacting on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed. You also represent and warrant that at all relevant times: (i) your use of the Platform is genuine and not the product of any collusive or other anti-competitive agreement and otherwise consistent with any applicable antitrust laws; (ii) you have no knowledge or reason to suspect that the funds used are connected with the proceeds of criminal activity; (iii) you are not, nor are you owned by, controlled by, or acting on behalf of, an entity or individual that is the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, or otherwise located, organized, or resident in a sanctioned jurisdiction; and (iv) you will not use the Platform in a way that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
General Release of Claims: You do hereby irrevocably and unconditionally release, cancel, and forever discharge us and our directors, officers, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Platform, except for the right to enforce these Terms. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by Cal. Civ. Code § 1542 which states “a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party” and of any other analogous federal or state statute or common law principle that limits the scope of a general release.
Disclaimer of Warranties: The Platform and the Content is provided on an “As Is” and “As Available” basis without any guarantee, representations or warranties by us. You should not take, or refrain from taking, any action based on any information contained here or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THE PLATFORM AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “ AS IS ” AND “AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INTERFACE OR THE PLATFORM, AND (II) HEREBY DISCLAIM, AND HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO THE PLATFORM.
WE FURTHER DO NOT WARRANT OR GUARANTEE THAT:
(A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS AVAILABLE WILL MEET YOUR EXPECTATIONS;
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;
(C) THE PLATFORM OR ANY SERVICES, CONTENT, FUNCTIONS, OR MATERIALS AVAILABLE THROUGH THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(D) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED; OR
(E) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TERMS, (B) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE PLATFORM, (C) YOUR PROVISION OF INFORMATION VIA THE PLATFORM; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PLATFORM; (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Indemnification: You agree to defend, indemnify on demand and keep us and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, members, providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Platform or any services, content, functions, information, materials, or products available through the Platform, (b) your placement or transmission of any transaction, message, content, information, software or other materials through the Platform, or (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms.
Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. You are not entitled to seek equitable relief.
Severability: Wherever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these Terms, but these Terms shall be construed as if such unenforceable provision had never been contained herein.
Assignment: We have the unrestricted right to assign these Terms, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion. You may not assign these Terms.
12. Contact Information
Support: For assistance, contact us at support@inevitable.live.
Legal Notices: Send legal notices to:
EVEN Labs Inc.
313 N Plankinton Ave
Milwaukee, WI 53203 USA
Email: support@inevitable.live
13. Accessibility
We are committed to making the Platform accessible to all users. If you have any accessibility issues, please contact us at support@inevitable.live.
By using the Inevitable Audio Series Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.