Terms & Legaleze

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OVERVIEW

This website is operated by EVOL Empire. Throughout the site, the terms “we”, “us” and “our” refer to EVOL Empire. EVOL Empire offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

COPYRIGHT, LICENSING & INTELLECTUAL PROPERTY

As explicitly outlined by KidEight, EVOL as a character and brand is on his own journey.The IP, Copyright and Licensing for EVOL is owned and controlled entirely by the Artist and Company. 

That said, the Artist and Company are Pro-Artist and Pro-Creation. We encourage derivative, tribute, and other types of interpretations of the original Art, Character, and Designs.  

G’EVOLs Holders (i.e. owners of a specific Non-Fungible Token ID) are permitted to apply for Non-Exclusive Limited Licensing to create products using the art associated with the G'EVOLs token they own. The art must be the latest version, and creators are prohibited from using the retired “EC” or EVOL Couture Logo. 

The Non-Exclusive Limited Licence is not extended to any additional art, assets, logo files, designs, phrases, tags, signatures, fonts, or similar proprietary assets created by the Artist or Company. 

The Non-Exclusive Limited Licence agreement does not permit the creation of replica product distribution of the Artist’s or Company’s proprietary designs, apparel, or other related merchandise. 

Non-Exclusive Limited Licensing indemnifies the Artist and Company against any customer disputes, legal damages, tax liabilities, or similar contributions. The licence also asks that you give reasonable and appropriate credit to KidEight without claiming or advertising the product as an official collaboration.

 

To apply for an official license, please email the following information to [email protected]:

- Name & address of business

- Links to owned social platforms where you intend to market the product/s

- Intended retail platform (i.e. your online store or brand shoppe)

- Intended product verticals (i.e. teeshirt, hoodie, crewneck, etc)

- Rough estimate of the anticipated income (quantity + retail price is fine)

- Any future plans or strategies for use in consideration

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by EVOL Empire. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by EVOL Empire.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

RETURN POLICY

We don’t do returns. In the event that you’re dissatisfied, please reach out to us and we will do what we can to resolve the issue.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall EVOL Empire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

ORDERS

We ship from either our UK Home Office or from our fulfilment partners, 8&9, in Miami, Florida USA. 

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Orders do not ship until they have been fully processed, which can take up to 5 business days. Please take order processing time into consideration before placing your order.  

PRE-ORDERS

If you pre-order a product, please note that the inventory has not arrived at either our Home Office or fulfilment centre, and may still be in production. It’s unlikely, but sometimes unanticipated issues during production may cause an item to be delayed or cancelled if it doesn’t meet our standards. 

Pre-orders can be cancelled three days after purchase because our stuff is super limited edition and bespoke. After those five days have passed, you may not cancel your order. Delivery windows may change, depending on multiple factors that are beyond our control. We will always try to keep you updated on these details.  

We provide customers who’ve purchased a pre-order with a delivery estimate for when the item leaves our warehouse and ships. However, there is no guarantee the item will deliver during that time frame. Anticipate that the order could arrive before or after the dates we’ve approximated.

INTERNATIONAL ORDERS

Since we ship from two separate warehouses, you may sometimes incur customs fees. These are 100% out of our control! We do not cover customs values on any orders. For more information about the fees and taxes you can contact your local customs office! 

Unfortunately, we cannot change the value on your package to reduce customs fees. We observe strict shipping laws and breaking those laws can result in us being banned from shipping to specific countries. 

If you feel you have been overcharged on duties and taxes, you should fill out a claim with your local customs office.

If your shipment is sent or transferred via the postal system, waiting is often the best option, as tracking can be unreliable and it’s often better to wait. Your shipment will come eventually, but it might take some time. Any questions about the location of your package, try contacting them directly by phone.  

ABANDONED & REFUSED ORDERS

In the case in which the charges are not paid or the shipment is refused or abandoned, the shipment costs and customs duties will be deducted from the order’s overall total, and the difference reimbursed once we receive the items back.

We ship to over 100 countries and this cost will vary depending on the country.

PROMOTIONAL ORDERS

Promotional Orders are a final sale (this includes any discounted promotions and includes Secret Drops and Special Events). We cannot honour sale/promotional pricing once a sale or promotion has ended. We do not allow stacked discounts.