Updated on June 26, 2023
These Terms of Service, along with any referenced documents (collectively referred to as "Terms"), govern your use and access to the Evolusen website, located at https://www.evolusen.com/ and its subdomains (collectively, the "Site"). The Site encompasses all content, features, functionality, and services provided on or through the platform (the "Platform"). Evolusen, operated by Evolusen LLC ("Evolusen" or the "Company"). These Terms also encompass any additional policies, guidelines, or instructions posted by Evolusen on the Site.
Evolusen is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Evolusen constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Evolusen constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Evolusen is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Influencers will provide Evolusen with current, complete, and accurate information as and when prompted or requested.
Evolusen and its associates reserve the right to refuse or cancel service, restrict access to parts of the accounts, terminate accounts, or remove or edit content at our sole discretion.
If the Creator is an individual, Creator must be at least 18 years old. The Influencer is solely responsible for ensuring that the use of the Platform in accordance with these Terms in the Influencer’s jurisdiction of residence is permitted by law or regulation. If such use is not so permitted by applicable law, Evolusen prohibits all use and access to the Platform. If Influencer is a corporation, partnership, association, or other business entity, Influencer agrees that Influencer has the authority to bind the corporation, partnership, association, or other business entity to these Terms.
Evolusen’s Platform, Services, and Compensation
The Platform is a software solution to facilitate direct connections between businesses (such as hotels, destination marketing organizations, brands, and public relations agencies) (referred to as “Clients”) and vetted, third-party content creators (such as influencers, photographers, videographers, and content creators) (referred to as "Influencers" or “Influencer”). Clients upload project briefs (referred to as “Experiences”) onto the platform, and Influencers can apply to participate. Clients then select the Influencers they want to engage with for the applicable Experience. Clients manage all communication (Experience confirmation, itinerary, payment, etc.) with Influencers through the Platform.
Influencer Membership. Evolusen is a members-only platform and reserves the right, in its sole discretion, to accept or deny an Influencer’s application to join the membership.
Additional Client Terms. To the extent the Client includes any additional terms or conditions in the Experience, the Influencer acknowledges they are bound by such terms and conditions by applying to work on the Experience.
Compensation. The Influencer shall be compensated (such as hosted experiences or payment) by the Client in accordance with the Experiences. Influencer shall be responsible for all withholdings, taxes, or other fees, due on and/or in connection with total compensation payable by the Client. The Influencer has no recourse against Evolusen for any Client’s failure to compensate or otherwise perform the terms and conditions of any agreement with the Influencer.
The information provided when using the Platform is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
Influencer agrees to comply with any and all applicable laws in response to endorsement or sponsored posts, including, if applicable, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other applicable laws and requirements published by the Federal Trade Commission, presently accessible at https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews (referred to as “Guidelines”)
The term “Confidential Information” means any information or material which is proprietary to the Site, whether or not owned or developed by the Site, which is not generally known other than by the Site, and which you may obtain through any direct or indirect contact with the Site. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Site concerning the business, technology, and information of the Site and any third party with which the Site deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights, and intellectual property, inventions, sales leads, strategic alliances. Partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
A. “Confidential Information” does not include:
a. Matters of public knowledge that result from disclosure by the Site.
b. Information you rightfully received from a third party without a duty of confidentiality.
c. Information you independently developed.
d. Information disclosed by operation of law.
e. Information you disclosed with the prior written consent of the Site, and any other information that both parties agree in writing, is not confidential.
Protection of Confidential Information:
You understand and acknowledge that the Confidential Information has been developed or obtained by the Site by the investment of significant time, effort, and expense and that the Confidential Information is a valuable, special, and unique asset of the Site which provides the Site significant competitive advantage and needs to be protected from improper disclosure. In consideration of your receipt of the Confidential Information, you agree as follows:
A. No Disclosure. You will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Provider.
B. No Copying/Modifying. You will not copy or modify any Confidential Information without the prior written consent of the Provider.
C. Unauthorized Use. You shall promptly advise the Site if You become aware of any possible unauthorized disclosure or use of the Confidential Information.
D. Application to Employees. You shall not disclose any Confidential Information to any of your employees, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purpose of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Provider.
Non-Solicitation and Disintermediation for Evolusen Clients and Influencers
Influencers and Clients acknowledge and agree that Evolusen has invested significant time, effort, and resources to develop its business, the Platform, and its reputation. Therefore, it is necessary to have reasonable safeguards and protections to prevent the unauthorized bypassing of Evolusen and the potential harm it may cause to its relationships and financial interests. Accordingly, and to the extent permitted by law, Influencers and Clients hereby agree that during the term of these Terms and for a reasonable period of six (6) months thereafter (referred to as the "Restricted Period"), they will not directly or indirectly, on behalf of themselves or any other individual or entity, solicit, suggest, entice, encourage, or attempt to secure opportunities with any Client whom they initially engaged with through the Platform. This restriction aims to prevent circumvention of Evolusen or any potential benefits that Evolusen may have derived from such users of the Platform, including, but not limited to, Influencers and Clients. The same restrictions apply to Clients of Evolusen.
However, it's important to note that this does not prohibit Influencers from communicating with or entering into a business relationship with Clients as long as the relationship, projects, and payments are conducted through the Platform. Any actions by Influencers or Clients that encourage or solicit complete or partial payments and/or activity outside of the Platform are a direct violation of these Terms.
You may cancel your subscription at any time by contacting email@example.com. Your cancellation will become effective at the end of your current paid term. You will not receive a refund; however, your subscription access and accompanying subscriber benefits will continue for the remainder of the current paid term.
Links to Third Party Sites/Third Party Services
Evolusen Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Evolusen, and Evolusen is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Evolusen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Evolusen of the Site or any association with its operators.
Certain services made available via Evolusen are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Evolusen domain, you hereby acknowledge and consent that Evolusen may share such information and data with any third party with whom Evolusen has a contractual relationship to provide the requested product, service, or functionality on behalf of Evolusen users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Evolusen or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Evolusen content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Evolusen and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Evolusen or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Evolusen has no obligation to monitor the Communication Services. However, Evolusen reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. Evolusen reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Evolusen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Evolusen's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Evolusen does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Evolusen specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Evolusen spokespersons, and their views do not necessarily reflect Evolusen.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Evolusen or Posted on Any Evolusen Web Page
Evolusen does not claim ownership of the materials you provide to Evolusen (including feedback and suggestions) or post, upload, input, or submit to any Evolusen Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Evolusen, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: 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, as provided herein. Evolusen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Evolusen's sole discretion.
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.
California Users and Residents
Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice:
The name, contact, and address of the provider of the Platform are:
100 S Cincinnati Ave, Fifth Floor #541
Tulsa, OK 74103
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1245.
You will be able to connect your Evolusen account to third-party accounts. By connecting your Evolusen account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.
The service is controlled, operated, and administered by Evolusen from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Evolusen Content accessed through Evolusen in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Evolusen, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Evolusen reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Evolusen in asserting any available defenses.
Dispute with Clients. Influencers understand and agree that Evolusen has no obligation to get involved in any disputes between Influencers and Clients. (including disputes regarding Experiences) If Evolusen chooses to assist in resolving such disputes, it does so as a gesture of goodwill. In the event that an Influencer has a dispute, they release Evolusen, its officers, employees, agents, and successors from any claims, demands, and damages, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes and/or the Platform. If an Influencer is a resident of California, they voluntarily give up their rights under California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor."
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and Collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Disputes will be finally and exclusively resolved by binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
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, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Evolusen 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVOLUSEN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
EVOLUSEN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVOLUSEN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Evolusen reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolusen as a result of this agreement or use of the Site. Evolusen's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Evolusen's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Evolusen with respect to such use. Suppose any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Evolusen with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Evolusen with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Evolusen reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. If we have your email address, we may notify you via email. In addition, we will update the “Last Revised” date above. The most current version of the Terms will supersede all previous versions. Evolusen encourages you to periodically review the Terms to stay informed of our updates.
Evolusen welcomes your questions about the Platform at: firstname.lastname@example.org