Terms of Use

 

By using EvilJoy.com you (the ‘User’) automatically accept the following Terms of Use (the "Agreement", “Terms and Conditions” or "Terms of Use") offered by EvilJoy Limited (“EvilJoy” or the “Company”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.eviljoy.com, all other sites owned and operated by EvilJoy that redirect to www.eviljoy.com, and all subdomains (collectively, the “EvilJoy Site”), and the service owned and operated by the EvilJoy (together with the Site, the “EvilJoy Service”).

 

By using the EvilJoy Service in any manner, including, but not limited to, visiting or browsing the EvilJoy Site or contributing content, information, or other materials or services to the EvilJoy Site, you agree to be bound by this Agreement.

 

Scope of EvilJoy Service

EvilJoy is a resource, platform and network where users can create their new business ideas which are primary content of EvilJoy Site (colectively ”User’s content”), read and share content, collect charitable donations and engage with other users with the aim to exchange information about the new business ideas’ content, shape them and eventually turn them into valid and real businesses.

EvilJoy hence is comprised of various content elements, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.

User generated content is therefore a property of a respected user. EvilJoy’s own content is a property of EvilJoy Limited.

Users and other visitors to the EvilJoy Service and EvilJoy Site may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible the respecting content. Each user should be aware of the protection of copyrighted material submitted by other users.

User content should be categorised and be considered as Entertainment, be it Art or Film, Photography or Gaming, Wine&Food or Creative Writing and Design.

 

EvilJoy administration is reviewing all ideas before they are published on site.

We reserve the right to decline a content to be published on site publically for any reason including but not limited to:

- the idea or content is not in any way connected to Entertainment

- the idea or content is created only for the sake of collecting the donations

- the idea or content is not a potential business

- the idea or content is not created for the sake of link building any SEO purposes

- the idea or content should not be offensive, contain any pornographic material, promote the use of drugs, stimulate to vote for a political party or candidate, no weapons or any discrimination.

 

Please note that the ideas that would promise to give a portion of the future profits to charity would not considered as socially responsible as basically everyone can state this, but the content still would be published should it meet all other requirements.

 

Acceptance of Terms

EvilJoy Service is offered on the basis of accepting all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at http://www.eviljoy.com/privacy_policy, and all other operating rules, policies, and procedures that may be published on the EvilJoy Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the EvilJoy Service.

In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the EvilJoy Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the EvilJoy Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

EvilJoy Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.

The Company may, in its sole discretion, refuse to offer EvilJoy Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the EvilJoy Service is revoked in those jurisdictions.

 

Rules and Conduct

As a condition of use, you promise not to use the EvilJoy Service for any purpose that is prohibited by the Terms of Use or law.

The EvilJoy Service is provided only for your own personal use and you are responsible for all of your activity in connection with the EvilJoy Service including the obligation to keep your public business ideas in compliance with the current Terms of Use.

You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

· infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

· you know is false, misleading, or inaccurate;

· is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;

· constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

· contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;

· is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

· impersonates any person or entity, including any employee or representative of the Company.

 

Additionally, you shall not:

(i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;

(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the EvilJoy Service;

(iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the EvilJoy Service);

(iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or

(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the EvilJoy Site.

 

You shall not directly or indirectly:

(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the EvilJoy Service, except to the extent applicable laws specifically prohibit such restriction;

(ii) modify, translate, or otherwise create derivative works of any part of the EvilJoy Service; or

(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

 

You shall abide by all applicable local, state, national, and international laws and regulations.

Users agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the User’s content, or is not related to fulfilling delivery of a product or service explicitly specified in the User’s content.

 

Registration

You may view some of the User’s content on the EvilJoy Site without registering, but as a condition of using certain aspects of the EvilJoy Service, you may be required to register with the Company with your real name ("Name"), email address and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

You shall not use as a Name, domain name, or project name any name or term that

(i) is the name of another person, with the intent to impersonate that person;

(ii) is subject to any rights of another person, without appropriate authorization; or

(iii) is offensive, vulgar, or obscene.

 

The Company reserves the right in its sole discretion to refuse registration of a certain Name, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the EvilJoy Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

 

Creating and maintaining your user content

EvilJoy is a platform for the Users to create, develop and work on their respecting new business ideas.

EvilJoy Limited does not own or hold any copyrights to User content. Users are solely responsible to create and maintain the ideas according to their best interest including changing visibility statuses, editing comments and upgrading the ideas.

EvilJoy Limited is not responsible for all third party interactions that occur between Users.

 

By creating an Idea you agree to be bound by this entire Agreement, including the following terms:

· Users agree to take full responsibility on the content of their idea web pages including other users’ comments (other user’s comments are treated as Your content).

· Users agree to obide by the scope of EvilJoy Service stated above and do not post ideas or user content that is prohibited.

· Users that create ideas agree to provide their Paypal payment information for any donations to be paid out to them on a monthly basis by EvilJoy Site administration minus admin fees.

EvilJoy Site and EvilJoy Service are not liable for any damages or loss incurred related to any use of the EvilJoy Service.

EvilJoy Limited is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the EvilJoy Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with content on EvilJoy Site.

EvilJoy Service has no connection to user’s ideas or comments.

The Company does not endorse any User generated content.

You release EvilJoy Limited, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the EvilJoy Service.

 

Fees and Payments

Joining EvilJoy SIte and registering an account is free.

However, we do charge fees for certain services.

You are responsible for paying all fees and taxes associated with your use of the EvilJoy Service.

 

EvilJoy Limited charges 10% out of all donations collected as administration fee that primarily connected with processing the funds through a third party processor (i.e. Paypal).

EvilJoy Limited also charges £0.01 per public idea with the initial term of the idea to remain public of 3 (three) calendar months starting from the date of the payment. User would be able to prolong the public status of an idea by paying an extra £0.01 per extra 3 (three) calendar months.

EvilJoy Limited also charges £50 per Premium status of an idea where some additional options (i.e. adding external URLs and pictures) become available.

Please note that currently your statement would show Gaming Affiliates Limited as a recepient of the payment as EvilJoy Limited is 100% owned by Gaming Affiliates Limited.

 

Third-Party Sites

EvilJoy Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the EvilJoy Site.

When you access third-party websites, you do so at your own risk.

Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.

The inclusion on another website of any link to the EvilJoy Site does not imply endorsement by or affiliation with the Company.

You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

 

Content and License

You agree that the EvilJoy Service contains content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws.

You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the EvilJoy Service.

The Company grants to each User of the EvilJoy Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use.

Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder.

You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

 

Intellectual Property

By creating User generated content on the EvilJoy Site or otherwise through the EvilJoy Service, you agree to the following terms:

· The Company will not have any ownership rights over your User generated content. However, the Company and its affiliates need the following license to perform and market the Service on your behalf and on behalf of its other Users and itself.

You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to)

(i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User content and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the EvilJoy Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the EvilJoy Site (and derivative works thereof) or the EvilJoy Service in any media formats and through any media channels (including, without limitation, third-party websites);

(ii) take whatever other action is required to perform and market the EvilJoy Service;

(iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User content and Trademarks in connection with the EvilJoy Service; and

(iv) use and publish, and permit others to use and publish, the User content, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the EvilJoy Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User content, including the right to grant additional licenses to your User content.

· You are publishing your User content, and you may be identified publicly by your Name in association with your User content.

· You grant to each User a non-exclusive license to access your User content through the EvilJoy Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User content solely for personal, non-commercial use.

· You further agree that your User content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant EvilJoy all of the license rights granted herein.

· You will pay all royalties and other amounts owed to any person or entity based on your submitting User content to the EvilJoy Service or the Company’s publishing or hosting of the User content as contemplated by these Terms of Use.

· The use or other exploitation of User content by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

· The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User content.

· All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.

· The Company will not be liable for any errors or omissions in any content.

· The Company cannot guarantee the identity of any other Users with whom you may interact while using the EvilJoy Service.

· All Content you access through the EvilJoy Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

 

EvilJoy has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others.

EvilJoy also may terminate User accounts even based on a single infringement.

 

Copyright Notifications

EvilJoy will remove infringing materials if properly notified that Content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify EvilJoy by emailing us at ideas@eviljoy.com.

Your notification should contain the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

· a description of the copyrighted work that you claim has been infringed;

· a description of where the material that you claim is infringing is located on the Site, sufficient for EvilJoy to locate the material;

· your address, telephone number, and email address;

· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that incomplete notifications would not be processed and you will not get a reply regarding its status.

 

Termination

The Company may terminate your access to the EvilJoy Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

If you wish to terminate your account, you may do so by sending us an email.

Any fees paid to the Company are non-refundable.

All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you.

You acknowledge that the Company has no duty to take any action regarding any of the following:

which Users gain access to the EvilJoy Site;

what Content Users access through the EvilJoy Site;

what effects the Content may have on Users;

how Users may interpret or use the Content; or

what actions Users may take as a result of having been exposed to the Content.

 

The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects.

You release the Company from all liability for your having acquired or not acquired Content through the EvilJoy Site.

The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

The Company makes no representations concerning any Content on the EvilJoy Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the EvilJoy Service.

The Company does not guarantee that any Content will be made available through the EvilJoy Service.

The Company has no obligation to monitor the EvilJoy Service or Content.

The Company reserves the right to, at any time, for any reason, and without notice:

(i) cancel, reject, interrupt, remove, or suspend a campaign or project;

(ii) remove, edit, or modify any Content, including, but not limited to, any User content; and

(iii) remove or block any User or User content.

EvilJoy reserves the right not to comment on the reasons for any of these actions.

EvilJoy Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, 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.

The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:

(a) EvilJoy Service will be secure or available at any particular time or location;

(b) any defects or errors will be corrected;

(c) any content or software available at or through the EvilJoy Service is free of viruses or other harmful components; or

(d) the results of using the EvilJoy Service will meet your requirements.

Your use of the EvilJoy Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the EvilJoy Site or any website linked to the EvilJoy Site.

The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the EvilJoy Site, or otherwise connected with your use of the EvilJoy Service.

 

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the EvilJoy Service and Content, or otherwise from your User content, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

 

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service

(i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising),

(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or

(iii) for any direct damages in excess of (in the aggregate) one British pound (£1.00).

Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

International

Accessing the EvilJoy Service is prohibited from territories where the Content is illegal. If you access the EvilJoy Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery, Notice Policy, and Your Consent By using the EvilJoy Services, you consent to receive from EvilJoy all communications including notices, agreements, legally required disclosures, or other information in connection with the EvilJoy Services (collectively, "EvilJoy Notices") electronically.

EvilJoy may provide the electronic EvilJoy Notices by posting them on the EvilJoy Site. If you desire to withdraw your consent to receive EvilJoy Notices electronically, you must discontinue your use of the EvilJoy Services.

 

Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with English law. You agree that the Company and its EvilJoy Services are deemed a passive website that does not give rise to personal jurisdiction over EvilJoy or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than United Kingdom. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the EvilJoy Services, shall be filed only in English courts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the EvilJoy Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the EvilJoy Service and govern the future relationship.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent.

The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if electronically confirmed, if transmitted by e-mail.

 

Updated: August 2013 by EvilJoy Limited, company incorporated in England and Wales, registration number 08468991.

Electronic address for correspondence: ideas {at} eviljoy.com