Effective date: March 1, 2023
Welcome to 5Evo Stories, a service for comics readers and creators. Please read this User Agreement (“Agreement”) carefully, as it contains important information about your legal rights, remedies, and obligations. This Agreement is between you (“User”) and 5EVO LTD, a company located at Franklin Roosevelt, 140, Limassol, 3011, Cyprus, and governs your use of the 5Evo Stories service.
1. Acceptance of Terms
By accessing or using the 5Evo Stories service, you agree to be bound by this Agreement and any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the service. If you do not agree to all of these terms, you may not access or use the service.
2. User Eligibility
The 5Evo Stories service is intended for use by individuals who are 18 years of age or older. By using the service, you represent and warrant that you are at least 18 years old.
3. User Content
Users of the service may upload, post, or otherwise provide content (“User Content”). By providing User Content, you represent and warrant that you have all necessary rights to do so, and that your User Content does not infringe upon the intellectual property rights or other rights of any third party. You retain all ownership rights in your User Content, but by providing User Content, you grant 5EVO LTD a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the 5Evo Stories service and 5EVO LTD’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Access to the 5Evo Stories service is available through various payment models, including free viewing, donations, payment for an entire series of comics, or payment for an episode. The cost of access may be set by the author of the comic and/or the administrator of the service. Payment may be made through various payment methods, in different currencies including but not limited to local currencies and cryptocurrencies as determined by 5EVO LTD. By making a payment, you represent and warrant that you are authorized to use the payment method you have selected.
5. Disclaimers and Limitation of Liability
The 5Evo Stories service and all content provided therein are provided on an “as is” and “as available” basis. 5EVO LTD does not warrant that the service will be uninterrupted or error-free, or that any defects will be corrected. To the maximum extent permitted by applicable law, 5EVO LTD disclaims all representations, warranties, and conditions, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall 5EVO LTD be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with this Agreement or the use of the 5Evo Stories service, whether based on contract, tort, strict liability, or other theory, even if 5EVO LTD has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless 5EVO LTD, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in connection with your use of the 5Evo Stories service, your User Content, or your breach of this Agreement.
This Agreement will remain in effect until terminated by either you or 5EVO LTD. You may terminate this Agreement at any time by discontinuing use of the 5Evo Stories service.
5EVO LTD may terminate this Agreement at any time, with or without notice, for any reason or no reason at all. Upon termination, you must cease all use of the 5Evo Stories service and any content or materials obtained through the service.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Cyprus, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to this Agreement or the Service shall be resolved through binding arbitration in accordance with the Cyprus International Commercial Arbitration Centre. The arbitration shall take place in Limassol, Cyprus, and the language of the arbitration shall be English.
9. Changes to this Agreement
5EVO LTD reserves the right to modify this Agreement at any time. Any such modifications will be effective immediately upon posting on the 5Evo Stories service. Your continued use of the service after any such modifications have been made constitutes your acceptance of the new terms.
(a) This Agreement constitutes the entire agreement between you and 5EVO LTD with respect to the use of the 5Evo Stories service and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and 5EVO LTD.
(b) If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(c) Failure by 5EVO LTD to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
(d) You may not assign this Agreement without the prior written consent of 5EVO LTD. 5EVO LTD may assign this Agreement, in whole or in part, at any time without notice to you.
(e) The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
(f) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
(g) Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and 5EVO LTD.
(h) This Agreement is intended to be for the benefit of 5EVO LTD, its affiliates, and its licensors, and each shall have the right to assert and enforce this Agreement directly or on its own behalf.
(i) The parties acknowledge that they have required that this Agreement and all related documents be prepared in English.
By using the 5Evo Stories service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
12. Payment Terms
(a) The 5Evo Stories service offers several payment models, including free viewing, donation-based viewing, payment for the entire comic series, or payment for individual episodes. The cost of access may be set by the author of the comic and the 5Evo Stories service administrator.
(b) Payment for access to the service may be made through various payment methods, including credit card, PayPal, or other methods as may be made available by 5EVO LTD.
(c) All payments made through the 5Evo Stories service are processed through a third-party payment processor. 5EVO LTD does not collect or store any payment information on its servers.
(d) All fees and charges are non-refundable, except as required by applicable law.
10. Contact Information
By using the 5Evo Stories service, you agree to all of the terms and conditions set forth in this Agreement. If you do not agree to any of these terms, please do not use the service.
If you have any questions about this Agreement, please contact us at:
Franklin Roosevelt, 140
The current text of this User Agreement is located at https://5evo.com/stories-user-agreement