Please read this Agreement carefully before accessing or using the Services and Content. By accessing or using any part of the Services or Content, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or Content. If these terms and conditions are considered an offer by Elephrame, acceptance is expressly limited to these terms. The Services and Content are available only to individuals who are at least 13 years old.
- Your Elephrame.com Account. If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign names or keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Elephrame may change or remove any name, biography, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Elephrame liability. You must immediately notify Elephrame of any unauthorized uses of your account or any other breaches of security. Elephrame will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an account, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Material”), You are entirely responsible for the content of, and any harm resulting from, that Material. That is the case regardless of whether the Material in question constitutes text, graphics, an audio file, or computer software. By making the Material available, you represent and warrant that:
- the downloading, copying and use of the Material will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Material;
- you have fully complied with any third-party licenses relating to the Material, and have done all things necessary to successfully pass through to end users any required terms;
- the Material does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Material is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Material is not pornographic, does not contain threats or incite violence, does not violate the privacy or publicity rights of any third party, and does not otherwise violate Elephrame's Rules;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and other websites, and similar unsolicited promotional methods;
- your account is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Material that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Elephrame or otherwise.
By submitting Material to Elephrame for inclusion on the Services, you grant Elephrame a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Material solely for the purpose of displaying, distributing and promoting your content, the Services or Elephrame. This license allows Elephrame to make publicly-posted content available to third parties selected by Elephrame so that these third parties can analyze and distribute (but not publicly display) your Material through their services. You also give other users of the Services permission to share your Material on other accounts with the Services and add their own Material to it so long as they use only a portion of your post and they give you credit as the original author by linking back to your account or content.
If you deactivate your account or delete Material, Elephrame will use reasonable efforts to remove your account or Material from the Services, but you acknowledge that caching or references to the account or Material may not be made immediately unavailable.
Without limiting any of those representations or warranties, Elephrame has the right (though not the obligation) to, in Elephrame's sole discretion (i) refuse or remove any content that, in Elephrame's reasonable opinion, violates any Elephrame policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Elephrame's sole discretion. Elephrame will have no obligation to provide a refund of any amounts previously paid.
- Copyright and Site Access. All Content included or made available through the Services, such as text, graphics, logos, icons, charts, maps and data compilations is the property of Elephrame or its content suppliers and protected by United States and international copyright laws. The compilation of all Content included or made available through the Services is the exclusive property of Elephrame and protected by U.S. and international copyright laws. All software used on or through the Services is the property of Elephrame or its software suppliers and protected by United States and international copyright laws.
You are not permitted to access, search or attempt to access or search the Services or Content by any means other than through Elephrame's currently available, published interfaces that are provided by Elephrame (and only pursuant to the applicable terms and conditions). While you are permitted crawl Elephrame.com if done in accordance with the provisions of the robots.txt files, you are prohibited from scraping, data mining, framing or otherwise gathering or extracting data, text, graphics, logos, icons, charts, maps or other Content and Services by any means.
- Responsibility of Website Visitors. Elephrame has not reviewed, and cannot review, all of the material posted on the Services, and cannot therefore be responsible for that material's content, use or effects. By operating the Services, Elephrame does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Elephrame disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Services links and that link to the Services. Elephrame does not have any control over those non-Elephrame websites and webpages, and is not responsible for their contents or their use. By linking to a non-Elephrame website or webpage, Elephrame does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Elephrame disclaims any responsibility for any harm resulting from your use of non-Elephrame websites and webpages.
- Copyright Infringement and DMCA Policy. As Elephrame asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify Elephrame in accordance with Elephrame's Digital Millennium Copyright Act (“DMCA”) Policy. Elephrame will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Elephrame will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Elephrame or others. In the case of such termination, Elephrame will have no obligation to provide a refund of any amounts previously paid to Elephrame.
- Intellectual Property. This Agreement does not transfer from Elephrame to you any Elephrame or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Elephrame. Elephrame, Elephrame.com, the Elephrame logo, and all other trademarks, service marks, graphics and logos used in connection with Elephrame.com, or the Services are trademarks or registered trademarks of Elephrame or Elephrame's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Elephrame or third-party trademarks.
- Advertisements. Elephrame reserves the right to display advertisements on your account, on your profile and on any other part of the Services.
- Attribution. Elephrame reserves the right to display attribution links on your profile.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If you disagree with our changes, then you should stop using the Services. Your continued use of the Services will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
- Termination. Elephrame may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Elephrame.com account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Elephrame and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elephrame nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. (If you're actually reading this, enjoy this brief break.) You understand that you download from, or otherwise obtain content or services through, the Elephrame at your own discretion and risk.
- Limitation of Liability. In no event will Elephrame, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elephrame under this agreement during the twelve (12) month period prior to the cause of action. Elephrame shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Elephrame, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Elephrame and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elephrame, or by the posting by Elephrame of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cook County, Illinois.
The above terms were adapted from the WordPress.com Terms of Service, which is licensed under the Creative Commons Sharealike license.