Terms of Service

evapapp.com terms of service

Effective Date: November 1st, 2020

1. Acceptance of the Terms of Service

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and Eva Papp, a Washington sole proprietor d/b/a The School of Dae Nova (“EvaPapp”). These Terms of Use govern your use of EvaPapp’s websites, including www.evapapp.com and its subdomains (collectively, the “Websites”), online learning courses, including the School of Dae Nova and its course called the Via Dae Nova (collectively, the “Courses”, and each, a “Course”), and other online services EvaPapp may provide (collectively, with the Websites and Courses, the “Services”).

THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO EvaPapp’s PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY (AVAILABLE AT https://www.evapapp.com/privacy) (the “Privacy Policy”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR DO NOT CONSENT TO EvaPapp’s PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.

2. Children

Children are not allowed to use the Services. A “Child” is a person under 13 years old.

3. Privacy Policy

All personal information EvaPapp collects through the Services is subject to her Privacy Policy. Please let EvaPapp know if you have any questions about her practices concerning the collection and processing of your personal information.

4. Changes to the Terms of Use

EvaPapp may revise and update these Terms of Use from time to time in her sole discretion. All changes are effective immediately when EvaPapp posts them. If you continue to use the Services, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

5. Changes to the Websites and Unavailability of the Websites

EvaPapp reserves the right to withdraw or amend the Websites in her sole discretion without notice. The Websites and their content are not necessarily always complete or up-to-date, and EvaPapp is under no obligation to update them. EvaPapp will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.

6. Reliance on Information Posted

EvaPapp does not warrant the accuracy, completeness, or usefulness of any information made available through the Services, and all statements or opinions expressed in User Content (defined below) are solely the opinions and the responsibility of the user providing that User Content and do not necessarily reflect the opinion of EvaPapp. Any reliance you place on such information is strictly at your own risk. EvaPapp disclaims all liability and responsibility arising from any reliance placed on such materials, including User Content, by you, any other user of the Services, or by anyone who may be informed of any of the contents of the Services.

7. Linking the Websites to Social Media

You may link to EvaPapp’s homepage, provided you do so in a way that is fair and legal and does not damage her reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on EvaPapp’s part, without the prior written permission of EvaPapp.

8. Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. EvaPapp has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

9. Intellectual Property Rights

All aspects of the Services, including, without limitation, any works of authorship (e.g., any programs, sets, e-courses, lessons, forums, blogs, books, chapters, exercises, games, photographs, images, illustrations, audio or video clips, articles, videos, presentations, text, graphics, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by EvaPapp, her licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10. Trademarks

The School of Dae Nova, the Via Dae Nova, and all related names, logos, product and service names, designs, and slogans are trademarks of EvaPapp or her licensors. You must not use such marks without the prior written permission of EvaPapp or her licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

11. Limited License to Use the Services

These Terms of Use permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. Additionally, your use of a specific Service may be subject to related Terms and Conditions Agreements.

As to each Course, the license contemplated by this paragraph gives you a non-exclusive, non-transferable, non-sublicensable limited right and license to use one copy of the Course and download the applicable Course materials for your personal, non-commercial use. For clarity, the foregoing license with respect to each Course is only granted to those users that have purchased from or otherwise been given access to the particular Course by EvaPapp or one of her third-party service providers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services, except you may download the Course materials for personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by EvaPapp. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

12. User Content through the Courses

“User Content” means any content that a user of the Courses with an account submits, transfers, or otherwise provides to or makes available through the Courses, including all creative expressions such as text, photographs, graphics, images, illustrations, animations, logos, music, software, audio, video, and works of authorship of any kind.

When you submit, transfer, or otherwise make available User Content to EvaPapp through the Courses, you grant her and her service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works of such User Content. The foregoing license is for the limited purposes of allowing EvaPapp to operate the Courses, improve and promote the Services, and develop new services. EvaPapp will not compensate you with respect to the use of any User Content.

You understand and acknowledge that you are solely responsible for your User Content, and you, not EvaPapp, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. EvaPapp is not responsible or liable to any third party for the completeness or accuracy of any User Content shared by you or any other user of the Courses. You represent and warrant that:

a) you own all your User Content or you have all rights that are necessary to grant EvaPapp the license rights in your User Content under these Terms of Use; and

b) neither your User Content, nor your use and provision of your User Content to be made available through the Courses, nor any use of your User Content by EvaPapp on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

If you have published, made public, or shared your User Content with others through the Courses, or if your User Content is shared through any social media pages (including EvaPapp’s social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share, or otherwise include your User Content as a result, even upon termination, discontinuation, or cancellation of your access to the Courses. EvaPapp is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

13. Feedback

You may elect to informally provide EvaPapp with Feedback from time to time. You agree that EvaPapp will own, and you hereby assign to EvaPapp your intellectual property rights in and to, any and all Feedback and that EvaPapp will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to her, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to EvaPapp regarding the Services or any suggested improvements.

14. Your Interaction with Others

You assume all risk when using the Courses with any online or offline interactions with others, including meeting with others as described or encouraged by any Course. You agree to take all necessary precautions when meeting with any individual offline as described or encouraged by a Course.

15. Registration for Courses

In order to access a Course or certain parts of it, you may be required to register for a user account. In this case, you agree to provide accurate, complete, and up-to-date information when establishing your account.

You may not (a) select or use as a user ID a name of another person with the intent to impersonate that person or (b) use as a user ID a name subject to any rights of a person other than yourself without appropriate authorization. EvaPapp reserves the right to refuse registration of or cancel a user ID at her discretion.

You are solely responsible for maintaining the confidentiality of your password and keeping it secure, for the security of your computer systems, and for all activity on your account, whether authorized or not authorized by you. You agree to immediately notify EvaPapp of any unauthorized use of your account, user ID, or password. In addition, you agree that you will never use another user’s account. Failure to comply with these Terms of Use may result in immediate termination of your account.

16. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates applicable laws, to exploit or harm anyone, to send advertising or promotional material, or to impersonate or attempt to impersonate EvaPapp or anyone else. Additionally, you agree not to:

a) submit or link any content to the Services which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;

b) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;

c) engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by EvaPapp, may harm her;

d) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

e) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without EvaPapp’s prior written consent;

f) use any device, software, or routine that interferes with the proper working of the Services;

g) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

h) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;

i) attack the Services via a denial-of-service attack or a distributed denial-of-service attack;

j) otherwise attempt to interfere with the proper working of the Services; and

k) encourage or enable any other person to do any of the foregoing.

Although EvaPapp is not obligated to monitor access to or use of the Services or User Content or to review or edit any User Content, EvaPapp has the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. EvaPapp reserves the right, but is not obligated, to remove, disable, or suspend your or any user’s access to the Services, at any time and without notice, including, without limitation, if EvaPapp, at her sole discretion, considers any activity when using the Services to be objectionable or in violation of these Terms of Use. EvaPapp has the right to investigate violations of these Terms of Use or conduct that affects the Services, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

17. Copyright Infringement

Reporting Claims of Copyright Infringement. EvaPapp will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or activities accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to EvaPapp’s copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

a) your physical or electronic signature;

b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available through the Services, a representative list of such works;

c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

d) adequate information by which EvaPapp can contact you (including your name, postal address, telephone number, and, if available, email address);

e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

f) a statement that the information in the written notice is accurate; and

g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is Eva Papp. Please email her at contact@evapapp.com with the subject line “DMCA Notice.”

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Furthermore, if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures. If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to EvaPapp’s copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

a) your physical or electronic signature;

b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

c) adequate information by which EvaPapp can contact you (including your name, postal address, telephone number, and, if available, email address);

d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided EvaPapp with the complaint at issue.

Our designated agent to receive Counter-Notices is Eva Papp. Please email her at contact@evapapp.com with the subject line “DMCA Counter-Notice.”

The DMCA allows EvaPapp to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is EvaPapp’s policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

18. Fees and Refunds

Fees for use of the Course and other Services are subject to change at any time, with or without notice, and without liability to you or any third party. All fees are payable in U.S. dollars. You may pay fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. You agree to pay all fees incurred by you or anyone else using your account.

EvaPapp may process the costs incurred by you using third-party service providers (e.g., Stripe). In that case, you hereby authorize EvaPapp’s third-party service providers to collect such costs using the payment method you provide.

Recurring or subscription fees paid by credit card will automatically debit, unless you affirmatively cancel your subscription to the Course prior to the beginning of the next applicable period to which the subscription or recurring fee corresponds. For each month that your subscription or recurring fees are active, you acknowledge and agree that EvaPapp is or her third-party service providers are authorized to charge the same credit card for such fees. You agree to promptly notify EvaPapp of any changes to your credit card while any subscription or recurring fees are outstanding.

Refunds will be made in accordance with the applicable refund policy for that Service. If you abuse any refund policy, as determined by EvaPapp in her sole discretion, you may no longer be able to get a refund and/or access the Service.

19. Termination

EvaPapp may terminate your access to and use of the Services, at her sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of the Services, provisions relating to Intellectual Property Rights, Feedback, Trademarks, User Content through the Courses, Your Interaction with Others, Termination, Medical Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and Waiver and Severability will survive such termination, discontinuation, or cancellation.

20. MEDICAL DISCLAIMER

EvaPapp’s SERVICES AND THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE SERVICES are not an attempt to practice medicine or provide specific medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Your use of the SERVICES does not establish a doctor-patient relationship. Any health information and links on the SERVICES ARE provided simply for your convenience and general information. The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment and before undertaking any new diet or exercise plan. The SERVICES are for informational purposes and should be used in conjunction with health care professionals. Never disregard professional medical advice or delay in seeking it because of something you have read on the SERVICES.

21. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY EVAPAPP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVAPAPP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER EVAPAPP NOR ANYONE ASSOCIATED WITH EVAPAPP REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM EVAPAPP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EvaPapp, EVAPAPP’S licensors OR service providers, and HER OR its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE SERVICES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EVAPAPP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWO THOUSAND DOLLARS ($2,500.00) USD. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVAPAPP AND YOU.

23. Indemnification

You agree to defend, indemnify, and hold harmless EvaPapp, her licensors or service providers, and her or its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, without limitation, someone else’s use of your account.

24. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services must be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

25. Waiver and Severability

No waiver by EvaPapp of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EvaPapp to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use, the Privacy Policy, and the Process and Procedures Agreement, if any, are the sole and entire agreement between you and EvaPapp regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter. In the event of a conflict between the Process and Procedures Agreement and the Terms of Use, the Terms of Use will control.

27. Your Comments and Concerns

If you have any questions about the Services or these Terms of Use, please contact EvaPapp at contact@evapapp.com.