Terms of Service Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY GOVERN YOUR RIGHTS AND RESPONSIBILITIES AND USE OF THIS WEBSITE

The www.evolver.com website is comprised of various web pages and services (collectively the "Site") operated by Darwin Dimensions, Inc. and Darwin Dimensions, USA, Inc. 65 Enterprise, Aliso Viejo, California 92656 (collectively, the "Evolver Companies," and sometimes referred to as "we" or "us"). In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site.

Your use of the Site constitutes your agreement to this Agreement. The Site may also contain additional terms that govern particular features or offers ("Additional Terms"). If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Site, then these terms shall

REQUIREMENTS. This Site is offered and made available only to users 14 years of age or older. If you are not yet 14 years old, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 14 years of age and meet any other eligibility requirements of the Site.

By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any Additional Terms. The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, and clubs. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

REGISTRATION. We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). You may not allow any others to use your user name or password. We are not liable for theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You must immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password.

AMENDMENTS. We reserve the right, to change the terms of this Agreement. We will post or display notices of material changes on the Site. Once we post them on the Site, these changes become effective immediately.

EVOLVER COMPANIES’ INTELLECTUAL PROPERTY. The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Evolver Companies, and their Affiliates. The contents are legally protected, without limitation, under applicable laws, regulations and treaties. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the Evolver Companies. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will remove content on the Site that infringes the copyright rights of others. We take protection of copyrights, both our own and others, very seriously.

AVATAR GENERATON. This Site provides a unique web accessible service that allows you to create an electronic character or image that is intended to represent you in an on-line environment (“Avatar”). However, the use of our images and automatic character generation does not always result in a satisfactory model. We strongly recommend that you view your Avatar very carefully through the expanded viewer in the builder section of the site, or the “generate an image” function on the transport page to ensure that the Avatar is suitable for your intended purpose BEFORE you purchase the Avatar. All avatars which are created at or sold at Evolver.com or partner sites are provided on an “AS-IS” basis without any representation or warranty of any kind, express or implied. We provide customer service assistance for errors which are our own, but it is your responsibility to examine and determine that the Avatar is acceptable before purchasing.

For Avatars which are transported free of charge for you, the Evolver Companies retain the sole right of ownership to all intellectual property related to the Avatar, and may, at any time at its sole discretion, suspend or otherwise discontinue functionality via the evolver.com website or partner websites if found to be in breach of this agreement. With respect to Avatars which you purchase from this Site or an approved partner site, and for which the Evolver Companies have delivered to you source character data (whether directly to you or to a partner site on your behalf), you have a perpetual license to use the Avatar or to resell the source data. You are granted a perpetual license with respect to Animations (that is, computer files, which when combined with an Avatar or equivalent, create the appearance Avatar motion) that you purchase on this Site or at an approved partner site, to be used in commercial production, but you may not resell or sublicense any Animations in whole or in part, modified or unmodified to any other party.

ADVERTISING. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions.

RULES OF CONDUCT. Your use of the Site is subject to all applicable local, state, national laws and regulations and international treaties. You shall not use, or enable others to use the Site in any manner that is or is likely to: (a) infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; (b) affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation; (c) violate any laws rules or regulations; (d) transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information; (e) cause "spamming" and "phishing," (f) be defamatory, indecent, obscene, pornographic, sexually explicit, or racially, culturally, or ethnically offensive, threatening, discriminatory or abusive, or which may or may appear to impersonate anyone else; or (g) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site. Pornographic, defamatory or otherwise unlawful use of the Site is strictly prohibited, whether directly, through modification or in context or juxtaposition with specific subject matter. You shall not use the Site to create images/avatars of minors or avatars that will represent minors, nor create avatars with images or representations that will infringe upon or bear the copyrights or trademarks of others.

SUBMISSIONS OF CONTENT. This Site may give users the opportunity to submit, post, display, transmit or exchange information, ideas, opinions, messages or other information, including, without limitation, images and data for avatar creation, finished Avatars, skins, textures, makeup, tattoos, clothing and many other customizable designs. ("Submissions"). By submitting any material to any of our servers, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication or distribution including anything that would seem to be harassing, hateful, threatening, abusive, defamatory, libelous, vulgar or otherwise objectionable; (b) the submissions shall not contain pornographic, obscene or similar images, nor do they contain depictions of minors (or those who appear to be minors) nor do they constitute child pornography or child erotica,, (c) you will scan and remove any viruses or other contaminating or destructive features before submitting any material; and (d) you own the material or have the unlimited right to provide it to us for the uses that you have provided it to us, and unless you and we agree differently in writing, we may use, modify and publish the material free of charge and incorporate it or any elements within it in our products without accountability or liability to you or any third party.

Submissions are the sole responsibility of the person from which such Submissions originated. You are solely responsible for the consequences of all Submissions that you upload, post, email, transmit or otherwise make available via the Site. If we determine, in our sole discretion and judgment, that any Submission does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have, to: (a) refuse to allow you to provide Submissions; (b) remove and delete Submissions; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

The Evolver Companies do not claim ownership of the materials you submit to the Site in whatever manner (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Evolver Companies, and their Affiliates, permission to use your Submission in connection with the operation of its business including, without limitation, the rights to: manipulate, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. We are under no obligation to use any Submission you may provide. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

With respect to any Submission you make: (a) you specifically authorize the Site, the Evolver Companies and their Affiliates to use such Submission in whole or in part, in or on any and all media; (b) you promise that the Submission is original to you or fully cleared for use, does and will not, in any way, violate or breach any of the terms of this Agreement, is not defamatory, and does not infringe or violate any copyright or other right, it is not obscene or in any other manner unlawful, and (c) if your Submission incorporates the likeness or image of any person, firm or enterprise or the name, logo, brand, service or trademark, voice, you promise that you have the right to grant the Site and the Evolver Companies and their Affiliates the right to use all such Submissions and the Submission was produced in compliance with all applicable laws and regulations. Upon our request you will provide evidence of such right.

We have the right to delete, re-format and/or change your Submissions in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Submissions may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions. Submission is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

The Evolver Companies may enable you and other visitors to the Site and their partners to post their work in the form of finished Avatars, skins, textures, makeup, tattoos, clothing and many other customizable designs. The Evolver Companies may further enable those who post these Submissions to either allow re-use (free of charge) by Site visitors or for resale to other Site visitors. All such submissions shall be subject to the terms and conditions set forth herein and any separate agreements between them and the Evolver Companies.

If you believe that any content on the Site (including, without limitation, Submissions) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

PROMOTIONS. We may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

LINKS. Links to other websites may appear on our Site. This does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Evolver Companies. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies).

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL MATERIALS, PRODUCTS AND SUBMISSIONS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Submissions and Materials associated with your use of the Site.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE EVOLVER COMPANIES, AND THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Your sole and exclusive remedy for any loss or damage shall be to have the Evolver Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Evolver Companies, to refund any monies actually paid by you to the Evolver Companies and to terminate and discontinue your use of the Site. We cannot guaranty that the Site will process Submissions in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, the Evolver Companies assume no liability or obligation to transmit, process, store, receive or deliver transactions or Submissions or for any failure or delay associated with any Submissions. You should not rely upon the timeliness or performance of the Site for any transactions or Submissions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

INDEMNIFICATION. You shall indemnify, defend and hold the Evolver Companies, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, and harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or for our use or publication of your Submissions. The Evolver Companies reserves the right to assume, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Evolver Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Evolver Companies.

MISCELLANEOUS. This Agreement, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site. This Agreement can only be changed in writing. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, you may not bring any action arising out of this Agreement or your use of the Site more than one (1) year after the cause of action has arisen.

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of California. You agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Orange County, California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

Widget End User Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE embedding, Posting or using any widget available on the Site ("Widget").

The Evolver Companies license a Widget to you only upon the condition that you accept all the terms contained in this Agreement. By embedding, Posting or using a Widget on your website or social network site web page (“your site”), you indicate that you have read and understand this Agreement and accept all of its terms without limitation. If you do not accept all the terms of this Agreement, you are not authorized to embed, Post or use any Widget.

1. License. The Evolver Companies grant you a non-exclusive and non-transferable license to embed and display the Widget(s) on your Site. We reserves all rights in the Widget not expressly granted to you in this Agreement. Except for the foregoing, you may not: (i) use, copy, modify or distribute a Widget for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute a Widget to any third party; (iii) make the functionality of a Widget available to multiple users through any means; or (iv) use the Widget in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

2. Proprietary Rights. The Evolver Companies or its partners own all right, title and interest in and to any Widget, including without limitation all intellectual property rights therein. You will not remove, delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or incorporated in a Widget. You will comply with all applicable laws, rules and regulations when using a Widget. You will not, directly or indirectly: (a) Alter, modify, delete or otherwise interfere with any content, advertising, services and/or features contained on or accessible though a Widget, including without limitation, a Widget’s display features advertising and/or content delivery and display functionality, in each case, except as expressly permitted by the Widget; (b) Transmit, email or post by means of a Widget any material that contains software viruses; (c) Use a Widget to disseminate content that infringes a third party’s intellectual property rights.

3. Representations and Warranties. You represent and warrant that: (i) you have all the rights, power and authority (including without limitation all required third party licenses or permissions) to engage in the activity contemplated by this Agreement; (ii) the Site will not contain material which is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, violates any third party’s intellectual property rights, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in our opinion; and (iii) you are responsible for all activity related to or content provided on your Site, and the Evolver Companies disclaims any and all liability relating thereto.

4. Disclaimer. You ASSUME ALL RESPONSIBILITY AND RISK OF USE OF ANY WIDGET. ALL WIDGETS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT any WIDGET WILL MEET YOUR REQUIREMENTS OR THAT ANY WIDGETWILL BE ERROR-FREE. THE EVOLVER COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

5. Term and Termination.

(a) This Agreement remains effective until terminated by either party. We may terminate this Agreement without notice, at any time and for any reason. You may terminate it at any time by removing and/or deleting the Widget from your Site. This Agreement will automatically terminate without notice if you breach any term of this Agreement.

(b) Upon any termination, you will promptly remove and/or delete any Widget from your Site and destroy any copies of any Widget in your possession or control.

6. Indemnity. You agree to defend, indemnify and hold the Evolver Companies and their officers, directors, and employees harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorneys’ fees) arising from or incurred as a result of: (i) any third party claims, to the extent that such claims relate to or are based on your breach of this Agreement; (ii) your embedding, posting or use of any Widget; and (iii) your Site and any claim that it or any content therein infringes any third party’s intellectual property rights.

8. Limitations of Liability. IN NO EVENT WILL EVOLVER COMPANIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR DISTRIBUTION OF A WIDGET, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE EVEOLVER COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, THE EVOLVER COMPANIES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR ANY WIDGET (IF ANY).

9. General Provisions. This Agreement will be governed by and construed in accordance with Evolver Terms of Service.

MARKETPLACE CONTENT SUBMISSION AGREEMENT

The Evolver Companies allow you to submit content and share in possible revenue generated by such a transaction in the Evolver marketplace with the said item(s), in which case the following terms apply:

You must be a registered user of the Site and accurately complete all information requested (including correct legal name, tax identification number, valid, up to date postal and e-mail address, and confirmation of your agreement to be bound by the Evolver Terms of Service Agreement, and in particular, the “Submission” provisions.

You may only use these services if you are able to form legally binding contract, are over the age of 18, and are not temporarily or indefinitely suspended from our Site. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.

As part of the listing process, you assign a price to the Submission and provide the submission in an acceptable format, along with a brief written description of the Submission. The Evolver Companies have no obligation to post or use any Submission, and may list such submissions for such periods and the Evolver Companies deem appropriate. We shall deliver fifty percent (50%) of the gross proceeds actually collected for any sale or sales of any Submissions.

The Evolver Companies will automatically deposit into your designated Paypal account when your credit balance has reached USD$20.00. Accounts which have a credit of less than $20.00 on the last day of the month will be paid their balance owed within 5 business days.

It is imperative that you provide the correct email address linked to your desired Paypal account on the “My Earnings” tab. For your protection, once you submit an e-mail address, it cannot be changed.

The Evolver Companies reserve the right to change the percentage payable to you, by providing thirty (30) days prior notice of such a change by e-mail. You have the right to remove materials from the Marketplace if you so choose by delivering thirty (30) days prior notice of such desire.

Please note that you agree to be bound by all of the Terms of Service, and that you agree to indemnify and defend the Evolver Companies against any violation or breach of such terms of Service, including, without limitation, the agreements regarding Submissions.

Privacy Policy

This is the privacy policy ("Privacy Policy") for evolver.com ("Site"), a website operated by Darwin Dimensions, Inc. and Darwin Dimensions, USA, Inc. 65 Enterprise, Aliso Viejo, California 92656 (collectively, the "Evolver Companies," and sometimes referred to as "we" or "us"). In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. We reserve the right to revise this Privacy Policy at any time by updating it without advance notice to you. Such revisions shall be effective to you immediately upon posting.

GENERAL. This Privacy Policy governs only the personally identifiable information ("Personal Information") collected by this Site. Please be aware that any Personal Information you provide to us or we obtain as a result of your use of this Site will be transferred to the U.S and subject to U.S. law. You hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy. Your continued participation on this Site indicates your acceptance of this Privacy Policy.

COLLECTION AND USE OF PERSONAL INFORMATION. Personal Information means information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, avatar and/or image preferences and descriptions, survey responses and your transactions or relationship with us. We may also collect and maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, and information about your computer's internet address and website which may have referred or directed you to the Site. Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, to let us customize what you see when you visit the Site according to your preferences, to invite our promotional vendors ("Advertisers") to call to your attention special offers, products and services that may be of interest to you, and to aggregate information about demographics and usage patterns.

COLLECTION OF PERSONAL INFORMATION DURING REGISTRATION. You may be asked to register to use services provided by this Site. You are required to select a user name and password (together, your "User ID"), and may be required to also provided other Personal Information, such as your email address, first and last name, gender, date of birth, country and zip code. We may provide you with certain options to subscribe to a selection of free email newsletters and other periodic information. You may select such options by opting-in at the time of registration or by responding to an offer or invitation at a later date. You will also have the right to opt-out (unsubscribe) or change your preferences at any time by logging in with your User ID and changing the settings in your account.

COLLECTION OF PERSONAL INFORMATION IN CONNECTION WITH CERTAIN FEATURES AND FUNCTIONS. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions that we may offer on the Site, such as avatar creation or in connection with promotions or contests. We, or our Affiliates or Advertisers, may contact the Site's registered users or other users that have registered for or participated in various Site events, promotions, or transactions, including avatar creation, or we may send offers for the purchase of goods and/or services that may of interest to users. You may "opt out" of receiving marketing and promotional e-mails or text messages from us at any time by going to the Site's home page, clicking the "Your Account" link, to (1) un-register your account, or (2) change or edit your preferences. However, we, or our Affiliates, may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions you have participated in or have entered or other transactions you have undertaken with the Site.

SHARING OF AGGREGATE INFORMATION WITH THIRD PARTIES. Some of the aggregate user data we collect may be shared with Advertisers, our Affiliates, and other business partners of the Site, the Evolver Companies, and their Affiliates, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy.

ACCURACY AND CONFIDENTIALITY. It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. You are solely responsible for maintaining the strict confidentiality of your user name and password.

COOKIES AND OTHER AGGREGATE DATA. We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, such as keeping count of your return visits to the Site, accumulating and reporting aggregate, statistical information in connection with the Site, determining which features users like best, and saving your user name, your password or other information so you don't have to re-enter it each time you visit the Site. This Privacy Policy does not cover any use of Personal Information that a third party advertiser or ad server may collect from you.

CHILDREN'S PRIVACY STATEMENT. We do not knowingly collect personal information from children under the age of 14. If we become aware that we have inadvertently received personal information from a child under the age of 14, we will delete such information from our records.

SECURITY /PHISHING. We maintain reasonable standards of security and confidentiality. However, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We do not send emails asking you to provide or confirm sensitive personal information or your username or password. If you receive such email communication, please forward it immediately to the Site's Privacy Administrator at privacy-admin@Evolver.com, and then immediately delete the fraudulent email from your computer.

PRIVACY OF SUBMISSIONS. We reserve the right to monitor, edit, and disclose your use of the Site or Confidential Personal Information to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the other terms of the Terms of Use Agreement, or to protect the interests of our users, Affiliates and others.

DISCLOSURE: We do not sell or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. As stated above, we will disclose Personal Information related to or contained in a Submission in connection with the display of and other services relating to such Submission. We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances: (a)when we are compelled to do so by a governmental agency, court or other entity; (b) if we believe your actions violate any law, regulation, the Terms of Use Agreement; or (c) if, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests or to comply with legal and regulatory obligations

UPDATINGE PERSONAL INFORMATION. Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by this Site. To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please click "my account" on the homepage to sign in to your Site account with your user name and password. Then, click on "your account info" to change, update, or delete your Personal Information.

QUESTIONS: If you have questions about our Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by sending an email to privacy-admin@Evolver.com.

CALIFORNIA RESIDENTS. If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a Privacy Policy that gives either an opt-out (which we may sometimes refer to as "unsubscribe") or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. We qualify for the alternative option; we has a comprehensive Privacy Policy and provide you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you wish information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at privacy-admin@Evolver.com, or you may contact us via regular mail at: Darwin Dimensions, USA, Inc. 65 Enterprise, Aliso Viejo, California 92656. We will not accept requests via the telephone or by facsimile.