This Terms of Use Agreement (referred to herein as the “Agreement”, “Terms or Use”, or “Terms”) is made by and between EVOKE Photography & Video, Inc., (“EVOKE” or “Company”), a Texas corporation, with its principal offices located at 830 Julie Rivers Dr. Suite 402, Sugar Land, TX 77478, and you, the user (“you”, “your”, or “User”). This Agreement lays out the terms and conditions that govern your use of EVOKE’s website https://www.evokephotoandvideo.com/, mobile application (“App”), and related systems and software (collectively, the “Platform”). 

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE PLATFORM, OR OTHER EVOKE SOFTWARE, SERVICES, OR CONTENT (COLLECTIVELY, THE “SERVICES”), YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT CONSENT TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY COMPONENT OF THE PLATFORM. EVOKE RETAINS THE RIGHT, WITH OR WITHOUT PRIOR NOTIFICATION, TO AMEND THIS AGREEMENT AT ITS SOLE DISCRETION. CONTINUING TO USE ANY PART OF THIS PLATFORM OR THE SERVICES INDICATES YOUR ACCEPTANCE OF ANY SUCH AMENDMENTS.

THE MOST UPDATED VERSION OF THIS AGREEMENT, TAKES PRECEDENCE OVER ALL FORMER VERSIONS. You are hereby advised to periodically check this document for any modifications. Continued usage of the Platform signifies your acceptance of any such changes.

PLATFORM AND SERVICES

Purpose of Platform

The Platform enables Users, who have been permitted by EVOKE, to market and sell their wedding photography and/or video services “Shooters”, to Users who enter contracts with Shooters for their services “Clients” by way of an agreement called the “Wedding Service Contract”. The Platform facilitates the creation of the Wedding Service Contract between the Shooter and the Client and manages the invoicing, payment collection, and communication for them as well.

Access to Platform and Services

Access to the Platform and Services are only available to users and individuals at least 18 years of age who can form legally binding contracts under applicable law. To access the Platform, utilize any of the Services, resources, links, or other content, you may be required to provide specific registration details or information. As a condition of your use of the Platform, you must ensure that all information supplied is accurate, up-to-date, and complete. If EVOKE believes that the information you've provided isn't accurate, current, or complete, EVOKE reserves the right to refuse you access to the Platform, any of its resources, or Services and may terminate or suspend your access at any given time.

Applicable Use of Platform

All Users, whether Clients or Shooters or others, must strictly abide by this Agreement. Should a User fail to adhere to any terms, conditions, or any other stipulated guidelines of this Agreement, EVOKE retains the right to immediately suspend, limit, and/or terminate the User's access to the Platform and Services. Moreover, EVOKE reserves the right to remove any content or profiles it deems objectionable at its sole discretion. As a Shooter, you bear sole responsibility for any activity occurring within your profile, including but not limited to the management of your portfolio, offers, pricing, submission of proposals, and messaging. For Clients, this includes activities such as browsing, visiting, engaging with Shooters, uploading Event details, and making payments on the Platform. 

Privacy Policy

These Terms of Use encompass and include the EVOKE Privacy Policy. By agreeing to these Terms of Use, you also consent to the way we collect, handle, and safeguard your personal data as detailed in our Privacy Policy. The collection, use, retention, and any other processing of your data will be governed by both the Terms of Use and the Privacy Policy. The most recent version of the Privacy Policy can be found here: https://www.evokephotoandvideo.com/privacy-policy. 

GENERAL TERMS OF USE

Platform Content and Material

Users agree that all content and materials, including but not limited to text, graphics, logos, images, and other materials available at the website or included as part of the Platform, Services, or otherwise made available or provided by EVOKE, is the trademarked and copyrighted intellectual property of EVOKE (or of the party that created and/or licensed the content or material to EVOKE). This content and material are protected by copyright, trademark, and other laws safeguarding intellectual property and proprietary rights. Unauthorized use of EVOKE's intellectual property is strictly prohibited. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the content and materials in any unauthorized way, without the prior written consent of EVOKE in each instance.

Ownership and License to Use

The Platform, including its software, algorithms, code, scripts, user interface, design, and all other tools, features, and resources provided, is proprietary and owned exclusively by EVOKE and its licensors. Unauthorized access, modification, or use of the Platform and these resources is strictly prohibited. You acknowledge and agree that, except for the access and use rights granted herein, no rights to the Platform or its content shall be considered transferred or assigned to you or any User at any time. Users are granted a non-exclusive, non-transferable, revocable license to access and use the Platform as per these terms. Users agree not to copy, distribute, data mine, republish, modify, or create derivative works based on the EVOKE Platform, in whole or in part, and acknowledge the Company’s exclusive rights to the Platform and in its trademarks and service marks.

Trademarks

The EVOKE name, the EVOKE logo, and all related names, designations, graphics, logos, and icons are registered or unregistered trademarks, service marks, or trade dress of EVOKE. They may not be used without the prior written permission of EVOKE. All other trademarks not owned by EVOKE that appear on the Platform are the property of their respective owners.

User Responsibilities

Users agree to respect all copyright, trademark, and other proprietary notices. Modification, distribution, replication, or exploitation of any content from the Platform without EVOKE's express permission is strictly prohibited.

No Implied Rights

Nothing in the Terms grants, by implication, estoppel, or otherwise, any license or right to use any of EVOKE's intellectual property except as explicitly mentioned in these Terms.

Prohibited Conduct & Activities on the Platform

Users warrant not to use the Platform for any unlawful, malicious or prohibited purposes. Any attempt to damage, disable, overburden the Platform, or interfere with other users' ability to use or enjoyment of the Platform, is forbidden. Users may not attempt to gain unauthorized access to content or features on the Platform, or other systems or networks connected to it.

Disclaimer about Content Accuracy and Site Availability

EVOKE does not guarantee that all content and material on the Platform will be accurate, complete, or up to date. Users are responsible for verifying any information before relying on it. While EVOKE aims to keep the Platform available without interruption, there's no guarantee of uninterrupted or error-free service. EVOKE is not responsible for any inconvenience, emotional distress or loss users might experience due to downtimes or technical issues.

Communication Services and User-generated Content

The Platform includes communication features such as text messaging, email messaging, form submissions, and download capabilities (“Communication Services”). Certain Users (e.g., Shooters and Clients) may submit certain types of content to the Platform via these Communication Services. Except where expressly stated, EVOKE does not claim ownership of this content. However, by submitting, Users grant EVOKE a broad license to use their content on its website, in connection with marketing the Platform and its Services, and for promotional or other purposes. Users are responsible for ensuring that the content they submit is free from intellectual property violations and has all necessary permissions or releases. EVOKE is not responsible for the content Users submit but reserves the right to review, reject, or remove any content that does not comply with the Platform's guidelines.

Use of Communication Services

All Platform Communication Services are intended for Users of the Platform to interact with one another or with EVOKE. Users must only share content that is appropriate and relevant to the context of the communication. You agree not to: (1) share content you don’t have the right to, including third-party proprietary material; (2) share content that is obscene, offensive, or inappropriate; (3) threaten, harass, or defame others; (4) impersonate any entity or individual; (4) falsify content attributions or ignore content limitations; (5) advertise or solicit without authorization; (6) share harmful programs like viruses; (7) disrupt others’ ability to use the Platform; and (8) link to sites with prohibited content. You are entirely responsible for your submissions and use of Communication Services. EVOKE may review content on the Communication Service, including “Shooter Content” (as defined below), but it’s not obligated to do so. EVOKE reserves the right to screen, refuse, or delete content that breaches these Terms or is otherwise objectionable to the Company. The Company may alter, pause, or stop the Communication Services at any time and shall not be responsible for any resulting inconvenience, loss, or otherwise. 

Additionally, EVOKE is not responsible for enforcing any rights you may assert in your submissions or content, intellectual property or otherwise. Enforcement remains the User’s sole responsibility. Users shall be solely responsible for enforcing (or defending against) any rights respecting content they submit. You agree to defend, indemnify, and hold the Company harmless against any claims by you concerning the unauthorized use of your submission or content by others, and any claims by others about your unauthorized use of content via the Platform or Communication Services.

Right to Terminate Access

EVOKE reserves the right to monitor use of the Platform and Communication Services to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to suspend, limit, or terminate your access to the Platform and any or all the Communication Services at any time without notice for any reason whatsoever. 

Hyperlinking

The Platform may be hyperlinked to and by other websites which are not maintained by, or related to, EVOKE. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed, or otherwise affiliated with the Platform or EVOKE. We have not reviewed any or all such sites and are not responsible for the content of any linking sites, and any links made should be accessed at the User's own risk. We make no representations or warranties about the content, completeness, quality, or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Platform. By using any product, service or functionality originating from the Platform domain, you hereby acknowledge and agree that EVOKE may share such information and data with any third party with whom EVOKE has a contractual relationship to provide the requested product, service or functionality on behalf of the Platform Users.

Disclosures Under Law

Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. EVOKE may preserve and store any User account information and user submissions and content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the content violates the rights of third parties, or to protect the rights, property or safety of the Platform, its Users, or the public.

Electronic Communications

By accessing https://www.evokephotoandvideo.com, using the Platform, using Communication Services (including the mobile app), or emailing EVOKE, you're engaging in electronic communications. You consent to receive communications from us electronically. All agreements, notices, and disclosures provided electronically meet any requirement for written communication.

SHOOTER SPECIFIC TERMS

The Platform enables Users, who have been permitted by EVOKE, to market and sell their wedding photography and/or video services “Shooters”, to Users who enter contracts with Shooters for their services “Clients” by way of an agreement called the “Wedding Service Contract”. The Platform facilitates the creation of the Wedding Service Contract between the Shooter and the Client and manages the invoicing, payment collection, and communication for them as well. This Section applies to all Shooters on the EVOKE Platform. 

Permission to Use

In its sole discretion and judgment, EVOKE permits Shooters to use the EVOKE Platform, who exhibit high levels of integrity and craftsmanship. However, such permission does not constitute a warrant, guarantee or signify any representations regarding the Shooters qualifications to any Client.  

Access to Platform Mobile Application

Shooters will have access to the EVOKE Platform to use solely and exclusively for  its stated purpose. Continued access to the mobile application and all other Communication Services depends on adherence to these Terms of Use and any guidelines set by EVOKE. EVOKE reserves the right to suspend, modify, or terminate access to the Platform mobile application at any time. 

Shooter Offer of Services and Electronic Signatures

Each Shooter acknowledges and agrees that by submitting an offer through the Platform – specifically by clicking “Offer Proposal” by way of the Platform – they intend to enter into a binding agreement with the recipient of the Proposal and commit to providing the services outlined therein. Shooters further recognize and accept electronic signatures as equivalent to original, handwritten signatures. Moreover, if the Client accepts the Proposal electronically by clicking “Accept Proposal”, a valid, binding, and enforceable “Wedding Services Contract” is deemed formed between the Shooter and the Client. 

Shooter Accounts

Shooters are responsible for maintaining the confidentiality of their account, password, and ensuring secure access methods. EVOKE is not responsible for unauthorized third-party access to your account. Transferring or assigning your account is not allowed unless permitted in writing by EVOKE. EVOKE reserves the right to alter content, terminate accounts, or refuse service at their discretion.

No Unlawful or Prohibited Use/Intellectual Property

Shooters are granted a revocable, non-transferable, non-exclusive license to access the Platform under these terms. Actions that could harm the Platform or its Users are prohibited. All Platform content is EVOKE’S property, protected by intellectual property rights. The Shooter agrees to indemnify, defend, and hold harmless EVOKE, its affiliates, officers, and partners from and against all claims, damages, or costs arising from their use of the Platform, their profile content, and submissions via the Platform, including portfolios and samples of work, any infringement of third-party rights, or any harm they might cause to other Users. The Shooter acknowledges their responsibility for any breach of these terms and understands that they are liable for any consequences arising from their actions on the Platform.

Shooters use of Communication Services

The Platform offers communication tools. Proper use is imperative. EVOKE retains the right to control content and access. As a Shooter, you will be able to upload and post a great variety of content, including but not limited to text, video, photographs, graphics, and other materials (collectively “Shooter Content”). This means that you have sole responsibility, and not the Platform or EVOKE, for all Shooter Content that you upload, post, email, transmit, or otherwise make available through the Communication Services, and to make sure that you follow the proper use of Communication Services as set forth in these Terms. Any content that you write, post, upload, or link to the Platform is entirely your responsibility. The Platform shall have no liability of any kind with respect to any content posted by you or other Users through the Communication Services. You agree that you must assess and bear all risks associated with your use of any content. 

Termination of Shooter Profile

EVOKE reserves the right to suspend, limit, or terminate a Shooter’s access at any time for violations of these terms or other policies.

Wedding Services Contract and Terms of Facilitation

As a Shooter, you agree to be bound by these Terms of Use which govern your use of the EVOKE Platform. Furthermore, you agree to be bound by the terms and conditions of any Wedding Service Contract you enter into with a Client, and the Terms of Facilitation that govern the creation of the Wedding Service Contract. The Terms of Facilitation can be found here: https://www.evokephotoandvideo.com/tof.

CLIENT SPECIFIC TERMS

The Platform enables Users, who have been permitted by EVOKE, to market and sell their wedding photography and/or video services “Shooters”, to Users who enter contracts with Shooters for their services “Clients” by way of an agreement called the “Wedding Service Contract”. The Platform facilitates the creation of the Wedding Service Contract between the Shooter and the Client and manages the invoicing, payment collection, and communication for them as well. This Section applies specifically to Clients who use Platform.  

Client Acceptance of Proposals and Electronic Signatures

Each User who becomes a “Client” as defined above, acknowledges and agrees that by accepting Shooters offer by way of the EVOKE Platform, – specifically by clicking “Accept Proposal” – they intend to enter into a binding agreement with the Shooter. The Client further recognizes and accepts electronic signatures as equivalent to original, handwritten signatures. By this acceptance, a valid, binding, and enforceable contract is deemed formed between the Client and the Shooter.

Wedding Services Contract and Terms of Facilitation

As a Client, you agree to be bound by these Terms of Use which govern your use of the EVOKE Platform. Furthermore, you agree to be bound by the terms and conditions of any Wedding Service Contract you enter into with a Shooter, and the Terms of Facilitation that govern the creation of the Wedding Service Contract. The Terms of Facilitation can be found here: https://www.evokephotoandvideo.com/tof.

Clients payment Obligations

The Client agrees to make payments to EVOKE via invoice links sent directly to the Client's preferred email address. As outlined in the Wedding Services Contract and Terms of Facilitation, the Client commits to pay both the Retainer Fee and balance in full no later than 2 weeks before the wedding date. The process for the Retainer payment is initiated when the Client clicks on the “Accept Proposal” link they receive via email. All payment amounts, including any additional charges and fees, are due as specified in the Terms and Facilitation. The Client acknowledges and consents to all charges being processed using the payment details they have provided. Furthermore, the Client confirms the legitimacy of these charges and agrees not to initiate any chargebacks or attempt to reverse any payments made.

Limited License Granted

EVOKE grants you a limited, revocable, nonexclusive license to use the Platform solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the website, reverse engineer or break into the website, or use content and materials, or services in violation of these Terms or any law.

Consent to Use Photos/Videos

You hereby consent to our use of pictures or video of you in our marketing materials without compensation. By using the Platform and other Services offered by EVOKE or engaging a Shooter through the Platform, you grant the Company a license to use, reproduce, and display the such media and related photos or videos containing your likeness in our marketing materials, website, social media, and other digital mediums without any compensation to you. 

DISPUTE RESOLUTION

Governing Law and Arbitration

This Agreement and any dispute arising from this Agreement is governed by the laws of Texas, without regard to provisions of conflicts of law. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) or three (3) arbitrators sitting in Texas, Harris County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the disclaimers and limitations of liability set forth in this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings; provided, however, that if the Company prevails in such proceedings against a User, the Company shall be entitled to an award for its legal costs and attorneys’ fees and the User agrees to be responsible for payment thereof. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. 

EACH PARTY FURTHER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Actions Seeking Injunctive Relief

Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts located in Harris County, Texas and shall not be subject to Arbitration. The parties submit to the personal and exclusive jurisdiction of such courts for injunctive relief. The prevailing party to an action seeking injunctive relief shall be entitled to recover its costs and reasonable attorneys’ fees. 

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING. Further, unless both you and EVOKE agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

DISCLAIMER & LIMITATION OF LIABILITY

You understand that EVOKE cannot and does not guarantee or warrant that files available for downloading from the EVOKE Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the EVOKE Platform. EVOKE further disclaims any responsibility to ensure that the content located on its Platform is necessarily complete and up to date.

YOUR USE OF THE EVOKE PLATFORM IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EVOKE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EVOKE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE EVOKE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOKE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND EVOKE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE EVOKE SERVICES OR ITS CONTENT. EVOKE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

EVOKE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EVOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EVOKE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO EVOKE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

MISCELLANEOUS

Indemnity

You agree to indemnify, defend, and hold EVOKE, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the EVOKE Platform or Services.

Access of Platform and Services Outside of United States

The Platform and Services are controlled, operated, and administered by EVOKE from our offices within the USA. If you access the Platform or Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EVOKE content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please send to the Company at jay@evokephoto.com all the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following: (1) a description of the copyrighted work that you claim has been infringed upon; (2) a description of where the material that you claim is infringing is located on the website, including the current website’s address; (3) your contact e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; and (5) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Severability; Interpretation

If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such an event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

Certification

You certify that you are at least 18 years of age or otherwise comply with this certification section. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS WEBSITE AND THE PLATFORM. EVOKE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Platform only with permission of a parent or guardian.

Entire Agreement

This Agreement and the Privacy Policy constitutes the entire agreement between you and EVOKE regarding your use of the EVOKE Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and EVOKE with respect to EVOKE’s Platform, and any service EVOKE provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, of any Wedding Service Contact you may have entered into and the Terms of Facilitation which govern the creation of a Wedding Service Contract by way of the EVOKE Platform. 

Waiver

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of EVOKE.

Relationship

Nothing contained in this Agreement, or your use of the website or Platform shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party. 

Termination

EVOKE may terminate this Agreement at any time, with or without notice, for any reason. 

Survival

Notwithstanding the termination of this Agreement or the conclusion of any engagement between a Shooter and Client, all rights and obligations of the Company herein that by their nature should survive, will remain in effect after such termination or conclusion. This includes, but is not limited to, proprietary rights, indemnity obligations, limitations of liability, payment rights, and dispute resolution mechanisms.

Contact

If you have questions concerning this Agreement, please contact us at jay@evokephoto.com.

Definitions

Capitalized terms not defined in this Agreement can be found here: https://www.evokephotoandvideo.com/definitions.