Terms and Conditions
General
The terms and conditions below apply on access to the public areas of www.evolution.com. Before using the site, we ask that you read the terms and conditions set out below.
Introduction
www.evolution.com (The Website) is published and fully owned by Evolution AB (The Publisher or Evolution) of Hamngatan 11, SE-111 47 Stockholm, Sweden, VAT number 556994-5792.
These terms and conditions may be changed or amended without notice to you. Evolution advises you to periodically review these terms and conditions in order to be informed of any changes. Your continued use of The Website will mean that you accept these changes.
Evolution further reserves the right to change or modify the content of The Website at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. Evolution may suspend, discontinue or restrict access to any portion of The Website and/or of its services at any time and without notice.
Solicitation
The Website does not constitute a solicitation to buy or sell any investment. The content of The Website should not be distributed to any third party without the express written approval of Evolution.
Content of The Website
By proceeding, you agree to the exclusion by Evolution of all and any liability of whatsoever nature and on whatsoever grounds, including (without limitation) that arising from any loss of profit or any other damage or loss (financial or otherwise) whether direct or indirect, special, punitive, incidental, exemplary or consequential and for costs, expenses and other outgoings of whatsoever nature, in respect of any errors and/or omissions by us and/or any relevant third parties in respect of the contents of The Website.
Evolution forms part of a group comprising numerous companies operating across multiple jurisdictions worldwide (Group). Evolution accepts no responsibility or liability whatsoever for the acts or omissions of any other legal entity within the Group.
The contents of The Website are for general information and public relations purposes only and do not purport to provide advice, make any offer or, other than as expressly stated herein, otherwise create or lead to the creation of any legally enforceable relationship between Evolution and you.
The contents of The Website are based upon sources of information believed to be reliable, however, save to the extent required by applicable law or regulations, no guarantee, warranty or representation (express or implied) is given as to its accuracy or completeness and, Evolution, its associated companies, members, officers and employees of the company do not accept any liability or responsibility in respect of the information or any views expressed herein.
The materials on The Website are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, or non-infringement.
The Website may provide links or references to other websites. Evolution AB has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links.
Evolution is not responsible for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. If you decide to access any of the third-party sites linked to The Website, you do so entirely at your own risk. Evolution reserves the right to terminate any link or linking program at any time.
Registration
By registering your name and email address on any subscribe form of the Website, you are agreeing to receive email communication from Evolution to keep you informed of related press releases, financial reports and/or marketing-related emails. If you specifically do not want to receive this information, please click unsubscribe at any time via the email(s) you receive to your inbox.
Notification
You agree to notify us of any changes to your personal circumstances with respect to any information or representation made herein and to provide us with any changes to this information as we may reasonably require.
Ownership and Copyright
The copyright in The Website (unless otherwise indicated), its contents, including all information, graphics, code, text, design, logos, button icons, images, audio clips, digital downloads and software is owned by Evolution or by it associated companies and should not be reproduced or distributed without permission.
You may not access, print and download portions of material from The Website unless expressly permitted in writing and then solely for your personal and non-commercial use. Information on The Website may not be altered, distributed or displayed without the express written consent of Evolution.
Evolution and any its Group company owned trademarks, trade names and other symbols included or referenced on The Website (the “Marks”) are protected by national and international trademark laws. All use of the Marks is strictly prohibited without Evolution prior written approval. The Marks may not be used in connection with any product or service that is not approved by Evolution or in any manner that is likely to cause confusion among customers or that disparages or discredits Evolution.
The user of or subscriber to The Website does not obtain any rights in relation to the Marks or any other materials on The Website. A breach of these provisions may entail liability for damages.
The contact form on the contact page can be used to contact Evolution. If you upload or post materials to the Website through this form (including but not limited to comments, suggestions, problem reports, bug reports and design ideas), you agree that you automatically grant to Evolution a non-exclusive, royalty-free, world-wide and perpetual license to use, modify, incorporate and reproduce such materials in any manner and you waive all your moral rights in relation to such materials.
Contract Formation
By subscribing to any service on this website, you enter a legally binding contract with us. We reserve the right to refuse any application for subscription to any of our services or access to free areas of our websites. We will notify you as soon as possible of any refusal.
Force Majeure
Any failure or delay by Evolution in the performance of the services offered through The Website shall not be deemed a breach of its obligations to you if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, epidemics, change of legislation, change of custom, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of Evolution. Evolution does not accept any liability for the consequences arising out of any such force majeure events.
Application of these terms and conditions
These terms and conditions constitute the entire agreement between you and Evolution and supersede any and all prior and existing agreements with regards to The Website and the services provided by Evolution.
You acknowledge that Evolution has not made any representations, promises or agreements to you relating to the matters addressed by these terms and conditions that are not embodied herein.
If any provision of these terms and conditions is held to be illegal or unenforceable, such provision shall be severed from these terms and conditions and all other provisions shall remain in force unaffected by such severance.
Evolution reserves the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.
Governing law and disputes
By accessing The Website and/or by subscribing to any of the website services, you agree that all matters relating to your access to and use of The Website and of the services provided by Evolution shall be governed by and construed in accordance with the laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.
- The seat of arbitration shall be 1 (one).
- The language to be used in the arbitral proceedings shall be English.
- This contract shall be governed by the substantive law of Sweden.
These dispute resolution mechanisms shall not, however, be construed in any way as to limit Evolution freedom to enforce its rights including (but not limited to) in respect of the Marks, in any jurisdiction. By agreeing to arbitration, you and Evolution do not intend to deprive any court of competent jurisdiction of its ability to issue any form of provisional remedy, including a preliminary injunction, or order any interim or conservatory measure.
A request for such provisional remedy or interim or conservatory measure to a court shall not be deemed a waiver of the agreement to arbitrate.