This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, ev.center, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Potts Media Ltd.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Potts Media Ltd, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. The last update to our Terms of Service was posted on October 20th, 2020.
1.0 Definitions
The terms “us” or “we” or “our” refers to Potts Media Ltd, the owner of the Website
A “Visitor” is someone who merely browses our Website, but has not registered as a Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
2.0 Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Potts Media Ltd reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
3.0 Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Content is produced from our contributor network. Potts Media Ltd is not to be held responsible for any information and content posted that may violate copyright laws.
4.0 Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites, including any affiliate partnerships in which Potts Media Ltd may earn commission on products purchased via affiliate links. Potts Media Ltd has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
5.0 General Terms
Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Potts Media Ltd under our Legal Terms shall survive the termination of our Legal Terms.
6.0 Disclaimer of warranties
The Site is provided “as is”. Potts Media Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Potts Media Ltd nor its suppliers and licensors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. The information contained in this website is for general information purposes only. The information is provided by ev.center and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
7.0 Limitation of liability
In no event will Potts Media Ltd or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Potts Media Ltd under this agreement. Potts Media Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Potts Media Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products. In no event will Potts Media Ltd be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Every effort is made to keep the website up and running smoothly. However, Potts Media Ltd takes no responsibility for, and will not be liable for, the website being unavailable.
8.0 General representation and warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the ev.center Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
9.0 Indemnification
You agree to indemnify and hold harmless Potts Media Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
10.0 Copyright infringement and DMCA policy
As Potts Media Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Potts Media Ltd in accordance with common DMCA policies. Potts Media Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Potts Media Ltd or others, Potts Media Ltd may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Potts Media Ltd will have no obligation to provide a refund of any amounts previously paid to Potts Media Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You must also retain our copyright notice in the privacy policy you create, unless you have purchased a premium membership in which case you may remove our copyright notice from your privacy statement.