1. USER CONTENT POSTED ON THE EVOLKO SOLUTIONS
Posting of such User Content: The Second party understand that they are solely responsible for the photos, profiles, information, name, email address, address, age, gender, place of work, telephone number, and other content that Second party upload, publish or display (hereinafter referred to as “Personal Content") on the Evolko Solutions or transmit to or share with other users of the Evolko Solutions (hereinafter collectively referred to as the "User Content"). The Second party hereby undertake to not post, transmit, or share User Content on the Site or Service that Second party did not create or that Second party do not have permission to post. Second party understand and agree that the Evolko may review the Evolko Solutions and may delete or remove (without notice) any User Content in it’s sole discretion.
Second party agree not to publish anything which has content relating to pornography, obscenity, pedophilia, hateful content based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation /gender identity, has violent content, where the copyright lies elsewhere with another person/ organization, is private and confidential in nature, has the effect of impersonation, unlawful use of services, sends or is intended to send spam, malicious codes and viruses.
By posting User Content to any part of the Evolko Solutions, Second party automatically grant, and Second party represent and warrant that Second party have the right to grant, to Evolko an irrevocable, perpetual, non-exclusive, transferable, fully paid up, worldwide license including the right to sublicense, to use, copy, reformat, translate, excerpt (in whole or in part) and distribute such User Content for such purposes as may be agreed.
If Second party choose to remove their User Content, the license granted above will automatically expire, however Second party acknowledge that the First party may retain archived copies of your User Content.
The Second party retain full and complete ownership of all of their User Content and any intellectual property rights or other proprietary rights associated with Second party User Content.
2. USE OF USER CONTENT
The Second party agree not to use any user content which has been uploaded on the servers for any immoral and illegal activities, namely, any activities which are contrary to the laws, bye laws and regulations of the Central or State Government or state agency who has jurisdiction over such content.
The Second party agree not to use any user content for any purposes other than the purposes outlined in this Agreement.
The Second party agree to disclose such user content only to third parties on a need to know basis. Second party agree to be responsible for the actions of any third party to whom such user content is disclosed.
3.1. Definition of Confidential Information. As used herein, "Confidential Information” means all confidential information disclosed by a party (“Disclosing Party") to the other party (“Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Second party Confidential Information shall include User Content; The first party Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than User Content) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
3.2. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
3.3. Protection of User Content. Without limiting the above, First party shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Content. First party shall not (a) modify User Content, (b) disclose User Content except as compelled by law or as expressly permitted in writing by Second party, or (c) access User Content except to provide the Services or prevent or address service or technical problems, or at Second party request in connection with customer support matters. Disclosure as compelled by law. The Receiving Party may disclose Confidential information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the Disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential information.