TERMS OF SERVICE
ESVOE GROUP LTD, a UK limited liability company (the "Company"), owns and operates https://esvoe.com/ , and all affiliate websites and mobile versions ("eSvoe"), a social media website and app service that allows Creators to upload photos and videos to their profile and set prices for access to that content ("Creators (s)"), which allows Fans to pay for access to that content ("Fan(s)"). The term 'You' or 'User' refers to all users, whether they are Content Creators or Fans.
Please refer to the Terms of Service ("Terms"), the legal agreement that governs your use of eSvoe, including any content, functionality and services offered on eSvoe or through them. By registering and using eSvoe, you accept and agree to be obliged by these Terms. If you do not wish to agree to or comply with these Terms, you should not access or use eSvoe.
We may change these Terms. Changes will take effect on the date they are posted on the website. Changes will not apply to ongoing disputes or disputes arising out of events occurring before the changes are posted. Although the Company will attempt to notify you of changes to these Terms, the Company does not undertake to do so and it is your responsibility to check this page regularly for the most up-to-date version of the Terms. By continuing to use eSvoe after the Company has posted changes to these Terms, you agree to be bound by the amended Terms. If you do not agree to the amended Terms, your sole remedy is to stop accessing eSvoe.
1. Basic Provisions
1.1. Age restrictions: eSvoe contains content for adults and is not intended for minors. eSvoe can be accessed by adults
(1) at least eighteen (18) years of age and
(2) of the age of majority according to the lex personalis.
If you do not meet these age requirements, you must not access eSvoe and must leave it immediately. The Company prohibits access to eSvoe by anyone who does not meet these age requirements.
1.2. Prohibition of the use of material involving minors: The Company prohibits pornographic content involving minors, known as child sexual abuse material (CSAM). The Company allows on eSvoe only consensual visual media intended for consenting adults. If you find any visual media, real or simulated, depicting minors engaging in sexual activity at eSvoe, please notify the Company immediately at info@esvoe.com. Please attach all relevant evidence to the report, including the date and time of identification. The Company will investigate all reports immediately and take appropriate action. The Company will cooperate fully with any law enforcement agency investigating CSAM.
1.3. Prohibition of prostitution or trafficking for sexual exploitation: The solicitation, promotion and facilitation of prostitution and trafficking for sexual exploitation is strictly prohibited. If you engage in such activity, whether on eSvoe or by linking to external websites that promote or facilitate prostitution or sex trafficking, we may remove your account with no refund and/or payment of any funds in your account at the time of the offence or removal.
1.4. User Content: we do not own the media files uploaded by Users on eSvoe ("User Content") and the views expressed by Users on eSvoe do not reflect the views of eSvoe. All transactions and interactions with User Content on eSvoe are between Users, and eSvoe does not in no way become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for information and personal use solely for the purpose provided by eSvoe and in accordance with these Terms. You must not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use any User Content for any other purpose without the prior written consent of the Company or the applicable licensors of User Content.
1.5 Company rights: We reserve the right at any time and without prior notification

• modify, suspend or terminate eSvoe or any part of it;
• limit, suspend or terminate your access to eSvoe or any part of it;
• verify the information you provide to us;
• verify compliance with these Terms and Conditions and/or any applicable law;
• suspend or terminate your account for failure to comply with these Terms and/or any applicable law;
• remove any content you post on eSvoe if, in our opinion, it is not in compliance with these Terms and/or any applicable law;
• monitor your use of eSvoe (including any content or communication you publish or stream on eSvoe);
• investigate any suspected or actual improper or unlawful use of eSvoe and co-operate with law enforcement authorities in such investigations;
• disclose your use of eSvoe relating to a law enforcement investigation into any suspected or actual unlawful activity or in response to a lawful summons or court order; and/or
• change the payment or payout processor that enables you to make or receive payments as a User.

1.6. Licence to Access and Use eSvoe:
Subject to all terms, conditions, restrictions and prohibitions contained in these Terms, we grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our Website for your lawful and personal use only. You acknowledge and agree that the above licence may be revoked and terminated by us at any time and for any reason (including, without limitation, if you breach these Terms or any applicable law). Any use of eSvoe other than as expressly permitted in these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not guarantee that eSvoe is compatible with all devices and operating systems. You are solely responsible for determining eSvoe compatibility with your device. We may make updates to eSvoe from time to time and will provide such updates via eSvoe.
2. Account
2.1. Fans: To register and create an account on eSvoe as a Fan, you must provide a valid email address, username and password or authenticate using a valid social media account. If you wish to purchase content on eSvoe, you will need to add a valid payment method. eSvoe does not store payment information.
2.2. Creators: In order to register and create an account on eSvoe as a Creator you must complete the registration process. If you wish to sell content on eSvoe, you will also need to add a confirmed bank account or other approved payment method and provide additional legal information to make payments (if applicable). Your earnings will be transferred to your specified payment method via one of our payment processors or via direct bank transfer. With the exception of those Creators who request payment by direct bank transfer, which is held by our third party payment processors, eSvoe does not store any bank account information.
If you register as a Creator, you agree that we or our contractors are authorised to collect, store and/or maintain certain biometric information or verification documents that you provide to us.
2.3. Guarantee by Users. By registering with eSvoe, you represent and warrant that:

• all account registration, profile information and content you provide is your property and the content is complete, true and accurate;
• you are solely responsible for all activities that occur on your account and that you will log out of your account at the end of each session;
• you will take extra care when accessing your account from a public or shared computer so that others cannot access, view or record your password or other personal information;
• you are responsible for maintaining the confidentiality and security of your login details and you will notify us immediately at info@esvoe.com if you believe someone has used or may use your account without your permission or if your account has been subject to any other breach of security;
• if you previously had an account with eSvoe, your account has not been suspended or terminated by eSvoe for a breach of these Terms;
• you will not use any unauthorised third party payment system to accept payments for subscriptions or any other eSvoe services;
• you are registering with eSvoe for your own personal use and will not sell, rent or transfer your account to any third party; and
• if you are using eSvoe on behalf of a business or other legal entity, you warrant that you are authorised to grant all licences under these Terms and that you are authorised to bind that business or other legal entity to these Terms.

2.4. Your Content: We may allow you to submit material for publication on eSvoe. You represent and warrant that you own, have a valid licence for, or otherwise control all of the rights to your User Content. You retain all ownership rights in your User Content. However, you grant to us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content for the Company's (and our successors in interest's) business for the purposes of operating eSvoe and performing the purposes of these Terms. You hereby agree to

• • be featured in any User Content you post on eSvoe, and
  • allow the Company to publicly distribute any User Content that you publish on eSvoe.

You also grant each of our Users a worldwide, non-exclusive, royalty-free licence to access such Content through eSvoe, subject to any restrictions associated with any purchases or subscriptions to such Content, and to use, reproduce, display and perform your Content, but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your paid-for content. Except for personal information covered by our Privacy Policy, User Content is not considered confidential and may be displayed on eSvoe in accordance with these Terms. We have no obligation of any kind with respect to your User Content. However, we agree that any use or publication of your Content will be subject to these Terms. You warrant that you have written permissions from any person featured in your User Content confirming that such person has consented to the recording and publication of such content on eSvoe and that your User Content does not infringe any third party rights. You will provide us with copies of any necessary permits, licences or ownership documents upon our request. You are solely responsible for your User Content and the consequences of publishing your User Content on eSvoe.
2.5. Co-Creator Content: If you are a Creator, you understand and agree that you may share content depicting other third parties ("Co-Creator Content") provided that:

• • you mark each Creator depicted on the Content or otherwise identify the third party and provide eSvoethe requested documentation confirming age, identity and consent to the publication of User Content on eSvoe;
  • you have obtained and will hold a government-issued identification card certifying that each Creator depicted in your Content is at least eighteen (18) years of age;
  • you have obtained and will keep written documentation confirming that each Creator depicted in your User Content has consented to (i) the depiction in such content and (ii) the public distribution of the content on eSvoe
  • you will provide us with this written documentation of consent immediately upon our request for such documentation;
  • you will not use, attempt to access or solicit information or credentials to log in to any other User's account; and
  • you are primarily responsible for your account and you agree to protect your account details from any unauthorised use. You agree that we will not be liable for any unauthorised use of your account if you disclose your account details to a third party, such as a manager or agency, and you release eSvoe from any liability arising from such third party access. You understand and agree that if you share your account details with a third party, you will be solely responsible to eSvoe for any activities that occur on or through your account.

You also understand and agree that we may refrain from publicly distributing any Co-Creator Content until all depicted Creators or third parties have verified their identity and consented to its depiction and distribution.
You are solely responsible for the segregation, division and distribution of any revenue generated from any Co-Creator Content. Any such revenue sharing arrangement is governed solely by an independent private agreement between you and other third parties. We are not responsible for compliance with any such agreements. You agree to indemnify and hold us harmless for any claims arising from the Co-Creator Content. You also agree that any claim arising in connection with the Co-Creator Content shall be brought only against the parties involved in it or appearing in it, and not against us.
2.6. Deactivate: If you wish to deactivate your eSvoe account, you can select this option in your account settings.
3. Purchases and payments
3.1. Purchase of a subscription: Fans who have added a valid payment method to their account can subscribe to the Creator's content by clicking on the "Subscribe" button in the content creator's profile. If you purchase a subscription, you thereby authorise the Company to automatically charge the specified payment method on the first day of each billing period for the relevant subscription periodically until you cancel the subscription.
3.2. Wallets: We may allow you to pre-pay a portion of the funds to be held in your wallet to be used for subscriptions, pay-per-view content, tips and other purchases. However, you cannot share the cost of purchases between your wallet and traditional payment methods. If a purchase attempt costs more than the amount of money in your wallet, we may charge your nominated payment card the full amount of that purchase. The funds held in your wallet are non-refundable.
3.3. Trials: Creators may offer trials to fans who have not subscribed to their content. If you purchase a trial version, you will get access to that Creator's content at a discounted price for the duration of the trial period. At the end of the relevant trial period, you will be charged the full subscription price at the beginning of each subscription period until you cancel your subscription. To avoid additional charges, you must cancel your subscription before the end of the trial period.
3.4. Cancellation of Subscription: Fans who have purchased a subscription may cancel any subscription at any time. If you cancel a subscription, you understand and agree that you will not receive a refund and can continue to access the Creator's content until the end of the existing billing period, after the end of which you will lose access to the content and will not receive a re-billing.

• • You can block another User: you will immediately lose access to that User's content, however you will not receive a refund or credit for any remaining days in the current subscription period.
  • If you are blocked by another User to whom you are subscribed, you will immediately lose access to that User's content and you will not receive a refund or credit for any remaining days in the current subscription period.

3.5. Subscriptions cancelled by the Company: if the payment method you have specified becomes invalid due to an expired credit card or similar reason and the Company cannot charge you in the next billing period, the Company may immediately deny you access to any paid service you have ordered until you update your payment method. If you fail to update your method of payment within a reasonable period of time, the Company may cancel your subscription.
3.6. Purchases and Tips: Fans who have added a valid payment method to their account may, in some cases, be able to purchase content from the Creator by clicking the "Buy", "Tip" or similar button on or next to the content from the Creator. If you purchase content or tip Creator, you thereby authorise the Company to automatically charge the payment method specified on file for the content.
3.7. Payment processing: We use various third party payment systems and gateways, and we reserve the right to contract with additional third party payment systems and gateways at our sole discretion to process any payments related to eSvoe. Your payment information is held by a third party payment processor. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for complying with such terms and conditions. We also disclaim any liability arising out of your breach of such terms and conditions.
3.8. Refunds: Purchases and/or fees associated with your account are final and non-refundable.
3.9. Virtual Currency: We may allow Users to make purchases or receive payments on eSvoe using one or more virtual currencies such as Bitcoins. Acceptance of such payment or payout method is at our sole discretion and may be of limited duration. Any virtual currency payment is irreversible. Refunds of virtual currency payments are also at our sole discretion and, if permitted, may take the form of a transfer of virtual currency or the relevant amount of the requested refund at our discretion. We disclaim all risk of loss arising from variations in the value of virtual currencies. You undertake to pay any additional fees that may accompany virtual currency transactions.
3.10. Taxes related to purchases: If the Company is obligated to collect or pay any taxes in connection with your purchase of a paid service, such taxes will be charged to you at the time of each transaction. In addition, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs duties, value added tax or other taxes, and any applicable penalties or interest applicable to your purchase or country of purchase.
3.11. Billing errors: If you believe that the Company has billed you in error, you must notify the Company in writing no later than five (5) days after you receive the billing statement in which the error first appears. If you fail to notify the Company in writing of a dispute within five (5) days, you waive any right to dispute the charges. You must email any disputed invoices to info@esvoe.com and include a detailed statement describing the nature and amount of the charges being disputed. The Company will correct any errors on the invoice and add or credit them against your future payments.
3.12. Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
3.13. Content Sales: Content creators earn seventy percent (70%) of the revenue generated from all subscriptions, sales, or tips associated with their content and User profile. A valid payment method must be added before payments can be made. However, we may deduct from any money earned on subscriptions, sales or advice that resulted in a chargeback or any money earned on subscriptions, sales related to content that violates these Terms and Conditions.
4. Acceptable Use
4.1. Prohibited Use: You agree that you will use eSvoe only for the purposes expressly permitted and set out in these Terms. You may not use eSvoe for any other purpose without our express prior written consent. Without our express prior written consent, you will not:

• • use eSvoe in any way that violates any applicable law, regulation or agreement of any applicable governmental authority, including but not limited to: (a) laws prohibiting sex trafficking and promoting or facilitating prostitution; (b) intellectual property rights laws protecting patents, copyrights, trademarks, trade secrets and any other intellectual property rights, including making, obtaining, distributing or otherwise accessing illegal copies of copyrighted, trademarked or proprietary content, removing signs of intellectual property rights and notices or otherwise manipulating identifiers to obscure the origin of content that you post, share or upload; (c) laws against obscene, indecent, defamatory statements; and (d) laws protecting confidentiality, privacy rights, rights of public use or data protection.
  • download any content unless a "download" or similar button is displayed for that content.
  • use ad-blocking software when using eSvoe.
  • not comply with decisions or orders of courts of competent jurisdiction.
  • access eSvoe if you are or are required to be a registered sex offender in any jurisdiction.
  • post, upload or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, scandalous, inflammatory, blasphemous, offensive in racial or ethnic origin, likely to cause annoyance, intimidation, alarm, embarrassment, suffering, discomfort or inconvenience, otherwise unacceptable or any content that, in the sole discretion of the Company, is otherwise unacceptable.
  • post, upload or share any content that contains hate speech, including (1) any content (including stereotypes and symbols) posted on eSvoe with the intent to defame, humiliate, dehumanise or incite hatred or fear against a group or individual on the basis of race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity and expression, sexual orientation, age, disability, etc, (2) statements of inferiority or calls for the exclusion or rejection of any group or person but excluding self-referential or empowering uses without the intention of denigrating, disparaging or inciting hatred or fear against a group or individual on the basis of these categories.
  • publish, upload or share content that depicts, advertises, promotes, encourages, facilitates or requires (real, simulated or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, abduction, rape, lack of consent, hypnosis, intoxication, sexual abuse, torture, sadomasochistic violence or violent slavery, weapons (unless clearly fake), strangulation, extreme fisting or genital mutilation; (v) necrophilia; (vi) urine consumption; (vii) blood, coprology, vomit or excreta (viii) age-playing or suggestion of underage participants, (ix) unlawful prostitution or trafficking in persons, whether explicitly or through the use of any slang, acronym or abbreviation; (x) "revenge porn", defined as any content containing any person who has not consented to that content (a) being filmed, taken or otherwise immortalised, or (b) being posted, uploaded or transmitted on eSvoe (xi) illegal or prohibited drugs; (xii) suicide or self-harm; (xiii) any other illegal conduct or conduct that may be considered indecent under applicable law.
  • post, upload or share Content that promotes or encourages the sale or purchase of used items of clothing.
  • post, upload or share content depicting any person under eighteen (18) years of age.
  • post, upload or share Content that depicts any person without verifying and maintaining written documentation sufficient to verify that all of the subjects of your Content are actually eighteen (18) years of age or older, including the written consent or permission of each identifiable individual in the Content to use their name or image and to include and use the Content in a manner consistent with the Company.
  • publish, upload or share Content with the intention of soliciting money or other benefits from third parties in exchange for removal of the Content.
  • publish, upload or share any Content that uses or promotes sweepstakes, lotteries or other regulated gambling or sales promotion tactics;
  • publish, upload or share any employment advertisements or Content that breaches anti-discrimination laws.
  • sell or buy used or dirty articles of clothing.
  • post, upload, share or collect telephone numbers, addresses, names, email addresses, URLs, geographical locations or any other personal information about Users or third parties without their consent or, except as expressly permitted in these Terms, use eSvoe materials for commercial purposes.
  • impersonate another person or entity, real or fictitious, without consent, falsely claim to be a person or entity; obtain or attempt to obtain access to the accounts of others without permission; misrepresent the source, identity or content of information transmitted on or through eSvoe; or perform any other similar fraudulent activity.
  • send unsolicited sexual content to another User or otherwise engage in unsolicited sexual objectification of another User.
  • use emoticons, GIFs or other media to report any activity that violates these Terms.
  • engage in anti-social, disruptive or destructive behaviour, including 'bombing', 'flaming', 'spamming', 'flooding', 'trolling' and 'grilling' as these Terms are commonly understood and used online, or engage in any other behaviour that serves no other purpose than to harass, annoy or abuse Users.
  • engage in platform manipulation, including the use of bots or other fraudulent means to artificially attract traffic or fake interaction with your account or your Content.
  • engage in manipulation of the platform, including the use of bots or other fraudulent means to artificially attract traffic or to falsely interact with your account or your Content.
    o circumvent, disable, damage, intentionally abuse or otherwise interfere with the Company, any User's use of eSvoe or any security related features that prevent, restrict or prohibit the use or copying of any Content or impose restrictions on Use eSvoe by any means, including by posting, linking to, downloading or otherwise distributing viruses, adware, spyware, malware, trojans, worms, malicious components, corrupted data or other malicious code, files or programs designed to interrupt, destroy, limit or control the functionality of any computer software or hardware or any telecommunications equipment.
  • reverse engineer, decompile, disassemble or otherwise attempt to discover source code unless such activities are expressly permitted by applicable law notwithstanding this restriction.
  • modify, adapt, translate or create derivative works based on eSvoe or any part thereof, except where applicable law expressly permits such activities notwithstanding this limitation.
  • use eSvoe for commercial purposes or make it available to third parties, including any action or attempt to "frame" or "mirror" eSvoe.
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionate burden on our technology infrastructure or otherwise place undue demands on it.
  • attempt to do any of the things described in this section, or assist or allow any person to do any of the things described in this section.

4.2. Violations of Prohibited Use
Participation in any Prohibited Use will be deemed a violation of these Terms and may result in the immediate suspension or termination of your account without notification. We reserve the right, but assume no obligation, to cancel payment of any income received by Users who violate these Terms and to refund some or all of such income to other Users affected by such violation. We may pursue any remedies or other appropriate action against you if you engage in any of the aforementioned Prohibited Uses or any unauthorized use of eSvoe, including civil, criminal or injunctive relief as well as cancellation of your account. Any unauthorised use of eSvoe or our systems violates these Terms and certain international, foreign and domestic laws.
4.3 Additional Prohibited Uses for Creators
Creators must always act in the best interests of the Company, whether on eSvoe, third party websites or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may terminate your account without payment and/or permanently block you from eSvoe. If you are a Creator, you will not, without our express prior written permission:

• • mislead Users as to the nature of any paid Content.
  • attempt to defraud the Company or our Users (for example by working with a member or 'hacker' to accept payment with stolen credit cards).
  • try to fraudulently pass off recorded Content as live streaming.
  • fail to comply with any legitimate claims made to Fans in order to sell your Content.
  • record or stream nudity or sexual acts from any public place where members of the public are reasonably likely to see your Content.
  • disclose personal information of any other eSvoe User or third party without that person's consent.
  • request or accept payment for travel or private meetings for the purpose of engaging in sexual activities.
  • harass, abuse, defame or otherwise interfere with the Company or our Users and do not misrepresent or make any false or misleading statements about the Company.

4.4. Notification of Prohibited Content and Activities. If you are aware of any content on eSvoe or any User engaging in activity that violates these Terms, email us at info@esvoe.com with as much detail as possible, including a link or location where we can find them, the name of the User engaging in the suspicious activity, the date and time of identification, the reason why we should remove the objectionable Content or investigate the activity, and a statement confirming the accuracy of the information you have given us. If you are a Creator, you must report all offending content and suspicious activity to us. We may consider you to be involved in any offence for which you were aware of suspicious activity but failed to report it.
4.5. Law enforcement authorities. We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction requiring or directing us to disclose the identity or location of any User who violates these Terms in accordance with our Privacy Policy, subpoena rules, and applicable laws and regulations. If your activities result in the Company receiving a subpoena, disclosure request, proceeding order or court order that would cause the Company to pay costs or legal fees to comply, you agree to reimburse us for any such costs or legal fees upon our request.
5. Third Party Websites
5.1. Links to eSvoe: you may link to our home page on your third party social media accounts, provided you do so in an honest and lawful manner and do not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval or endorsement on our part.
5.2. Links to Third Party Websites: eSvoe may contain links to third party websites and resources, including advertisements and promotional links. These links are provided for your convenience only. We have no control over the content of third party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to eSvoe, you do so entirely at your own risk and in accordance with the terms and conditions of use of such websites.
6. Intellectual Property Rights
6.1. Copyright: other than User Content, eSvoe and all of its content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio as well as their design, selection and arrangement) belong to us, our licensors or other suppliers of such materials and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material on eSvoe except in the following cases:

• • your computer may temporarily store copies of such materials in RAM associated with your accessing and viewing those materials;
  • you may store files that are automatically cached by your web browser to enhance display; and

Except for User Content, no right, title or interest in eSvoe or any content on eSvoe is transferred to you, and all rights not expressly granted are reserved. Any use of eSvoe that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. If you print, copy, modify, download or otherwise use or make available to any other person any part of eSvoe in breach of the Terms, your right to use or access eSvoe will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.2. Trademarks: The eSvoe name, logo and all related names, product and service names, designs and slogans are trademarks of our Company, our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on eSvoe are trademarks of their respective owners.

7. Disclaimer of Warranties
7.1 By using eSvoe you acknowledge and agree to the following:

• • eSvoe and all services and functions of the Company are provided without any express or implied warranty. To the fullest extent permitted by law, we disclaim all warranties, express or implied, with respect to eSvoe and all services and functions of the Company, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  • We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of eSvoe or the results of your use of eSvoe. We disclaim all liability and responsibility arising out of reliance by you or any other visitor to eSvoe, or any person who may be informed of the content of such materials.
  • Your use of eSvoe and the services and functions of the Company will be entirely at your own risk. We do not warrant or guarantee that eSvoe and/or all services and functions of the Company will be available at any particular time or place and will be safe, uninterrupted or free from errors, viruses and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for the recovery of any lost data. To the maximum extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of eSvoe or any services or items obtained from the Company. The foregoing does not affect any warranty, which cannot be excluded or limited under applicable law.

8. Limitation of Liability
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors are not liable to you for any of the following:

• • Errors or inaccuracies in the Content.
  • Damage to health or property arising from your access and use of eSvoe.
  • User Content or any User conduct that violates these Terms.
  • Products sold by other Users, whether or not such sales are expressly prohibited by these Terms.
  • Unauthorized access to or use of the Company's servers and any personal or financial information stored on them, including unauthorized access to or alteration of your account, views, broadcasts or data.
  • Interruption or termination of broadcasts to or from eSvoe.
  • Errors, viruses, Trojans, malware or other disabling code that may be transmitted to or through eSvoe by anyone or that may infect your computer or affect your access or use of eSvoe, your equipment or software.
  • Incompatibility between eSvoe and your other services, hardware or software.
  • Delays or failures that you may experience in launching, conducting or completing any broadcasts or transactions with eSvoe.
  • Loss or damage resulting from the use of any Content posted, emailed, sent or otherwise made available through eSvoe.

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors from any liability arising from materials submitted by Users or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.
9. Exclusion of Damage

• • Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors shall not be liable to you for any direct, indirect, special, statutory, punitive or compensatory damages arising out of or in connection with your access or inability to access the eSvoe or Content. This exclusion applies irrespective of the category of liability and even if you have advised the Company of the possibility of such damages or if the Company knew or should have known of the possibility of such damages.
  • The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also shall not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress (4) loss of income, (5) loss of profit, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy or (11) computer failure related to your access or inability to access the Сontent. This exclusion applies even if you have advised the Company of the possibility of these losses or the Company knew or should have known of the possibility of these losses.
  • If you are dissatisfied with eSvoe or have any other complaints, your sole remedy is to cease using eSvoe or to make a complaint in accordance with the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors to you for any claim will not exceed one hundred dollars ($100).

10. Complaints
eSvoe is committed to resolving all complaints and appeals promptly and in good faith.

• Any User can report all material directly to the website. You may also send an email to info@esvoe.com with your name, email address or username, relevant URLs (if any), a description of the problem (such as underage content, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or human trafficking, weapons, drugs etc.), and any additional information (including whether you are depicted in the content, whether you consented to the content being posted and whether you consented to the content being posted on eSvoe).
• We intend to use this system as effectively and quickly as possible, in a fair and reasonable manner. If a breach has occurred, we will identify the appropriate remedy and take the necessary action. Any content found to be illegal will be removed immediately. We will not take action against other Users for actions occurring on another platform or offline.
• Appeals against removal due to infringement can be sent to info@esvoe.com with a written description of the basis of the appeal. In cases where consent disputes cannot be resolved internally, such disputes will be referred to the competent UK court. We will contact you by email or other electronic communication after action has been taken or if further information is required from you.
• We reserve the right to take additional action against those Users who (1) repeatedly breach our policies or (2) commit a single egregious breach of our policies. These enhanced actions may include, but are not limited to, deletion of the offending User's account and a permanent ban on future use of eSvoe.

11. Scope of the disclaimers, exclusions and limitations
The disclaimers, exclusions and limitations set out herein apply to the maximum extent permitted by law, but no more. The Company does not intend to deprive you of any mandatory remedy provided by law. Because some jurisdictions may not allow the waiver of certain warranties, the exclusion of certain damages or other matters, one or more of the disclaimers, exclusions or limitations will not apply to you.
12. Indemnity
12.1. Indemnity provision: you agree to pay to the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors and contractors any loss incurred.
12.2. Definitions relating to indemnification: "Loss" means an amount for which the Indemnified Parties are legally liable or pay any form of compensation. Amounts include, for example, judgment, settlement, fine, damages, injunction, compensation to staff, diminution of value of property and costs of defending against a claim for damages (including lawyers' fees, expert witnesses and other advisers' fees). The loss may be material or immaterial; may arise from bodily injury, property damage or other causes; may be based on tort, breach of contract or any other theory of recovery; and includes incidental, direct and indirect losses.
12.3. Lack of exclusivity: The rights of the indemnified parties under these Terms shall not affect any other rights they may have.
13. Disputes
13.1. Applicable Law: The laws of the United Kingdom - without regard to any conflicts of jurisdiction - govern all matters arising in connection with your use of eSvoe or in any way related to these Terms. The main purpose of these Terms is to provide a service and to license access to intellectual property, not to "sell goods". These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction and venue of the UK courts.
13.2. Resolution of Disputes: Each party will give the other a reasonable opportunity to comply before it claims that the other party has failed to comply with its obligations under these Terms. The parties will first negotiate with each other in good faith to try to resolve any disputes between the parties arising out of eSvoe or these Terms.
13.3. Right to injunctive relief: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in relation to data security, intellectual property or unauthorised access to eSvoe.
13.4. Reimbursement of Costs: In any proceedings between the parties arising out of or relating to the subject matter of these Terms, the prevailing party will be entitled to recover from the other party, in addition to any other relief, all costs which the prevailing party incurs in those proceedings, including legal fees and expenses. If any proceedings are voluntarily dismissed or terminated as part of the settlement of that dispute, neither party will be the prevailing party in those proceedings.
13.5. No Class Action Waiver: All claims shall be brought in the individual capacity of the parties and not as a claimant or class member in any proposed class or representative proceeding and, unless the Company agrees otherwise. Both parties acknowledge that each party waives the right to participate in a class action.
13.6. Time Limit on Claims: A party will not make a claim arising out of or relating to eSvoe or these Terms more than one year after the cause of action has arisen. Any claims made after one year will not be accepted.
14. Other
14.1. Completeness of the Terms: these Terms constitute the entire agreement between you and the Company regarding your access to eSvoe. It replaces any prior or contemporaneous agreement between you and the Company for access to eSvoe. A printed version of these Terms and Conditions will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any additional terms and conditions on eSvoe will govern the elements to which they relate.
14.2. Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate the performance of your obligations under these Terms without the prior written consent of the Company. Any attempt to assign rights or delegate performance in breach of this section shall be invalid.
14.3. Severability: If any court having jurisdiction to decide on this matter finds any provision of these Terms to be invalid, that provision will be removed from the Terms without affecting the rest of the Terms and the remainder of the Terms will remain valid and enforceable.
14.4. Notice to the Company: You can send a notice to the Company by email to info@esvoe.com. The Company may change its contact details by posting the change on eSvoe. Please check eSvoe for the most up-to-date information to send notice to the Company.
14.5. Notice to you: you agree to receive any notification from the Company electronically either (1) by email to your last known email address, (2) by notification in your account, or (3) by posting a notification on the eSvoe site selected for that purpose. You represent that any email address you have provided to the Company for communication with you is a current and valid email address for receipt of notifications and that your computer is equipped with hardware and software configured to send and receive email via the Internet and to print any email you receive.
14.6. Force Majeure: The Company shall not be liable for default if unforeseen circumstances or causes beyond its reasonable control delay or continue to delay performance, including: Natural disasters including fires, floods, earthquakes, hurricanes, tropical storms, epidemics, pandemics or other natural disasters; war, riots, arson, embargo, acts of civil or military power or terrorism; fibre cuts; strikes or shortages of transport, equipment, fuel, energy, labour or materials; failure of telecommunications or information infrastructure; hacking, spamming or any failure of computer, server, network or software.
14.7. No Third Party Beneficiaries: These Terms do not grant and the parties do not intend to grant any rights or remedies to any person other than the parties to these Terms.
14.8. Successors and assigns: These Terms shall operate for the benefit of and be binding upon the parties and their respective successors and assigns.
14.9. Non-Private Electronic Communications: The Company does not provide a means for you to send or receive confidential electronic communications. You must treat all communications sent to or from the Company as public communications easily accessible by the public. You must not use eSvoe to send or receive communications which are intended to be read only by the sender and specified recipients.
14.10. Electronic Signatures: Any statement, consent or agreement sent by you via eSvoe imposes an obligation on you. You acknowledge that when you click on an "I Agree", or other similarly worded "button" or input box with your finger, mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.
14.11. Contacts: All feedback, comments, requests for technical support and other communications relating to eSvoe should be addressed to info@esvoe.com or by calling +447418350833.