ELMLink Terms of Service
Created on 6 December, 2020 | Terms of Service | 1,584 views | 14 minutes read
ELMLink Terms of Service
TERMS AND CONDITIONS
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You are not authorized to (i) resell, sub-license, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.
All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement): email@example.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
9.1 Any software licensed through ELMLink.co is property of QwertyFaceMedia LLC and can be copied for redistribution to our partners. If we build a "Custom" software to your specifications we own rights to the code, customer base, and anything you consider to be intellectual property rights. In the event that you decide to use another platform we can and will create a copy of the original files for our use as we see fit.
10. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade-name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
13. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
14. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Minnesota, United States, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Minnesota, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $500.00.
16. Controlling Law. This Agreement shall be construed under the laws of the State of Minnesota, United States, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
17. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
18. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
20. User account registration / membership. Access to a free membership may be offered to you for a non-specified period of time. Your membership may include access to certain areas and features of the site, while restricting access to premium paid features.You agree to provide your real details, such as name, last name and/or other details as requested by us when signing up.
21. Duplicate accounts and re-activation. Any user/subscriber/member who has canceled and closed their account may sign up to the website at a future time only if said user/member/subscriber has not been banned by the site administrator previously.Users are not permitted to have duplicate accounts, such accounts will be closed and the user may be banned from the platform/website.
22. Cancellation. You may cancel your subscription at any time by simply logging into your account and submitting a cancellation request to our support desk. Cancellation requests may take up to 5 business days to process and once your account is closed/canceled you lose all access to all data that may have accumulated in your account.
23. Refunds. Refunds may be available for certain products or may not be available, please refer to the product checkout page for more details.
24. Compliance. By registering your account you acknowledge you have fully reviewed these terms and conditions in full and that you agree to all terms and conditions specified in this agreement entirely. Failure to comply with these terms and conditions will result in your account being immediately terminated and/or any commissions due to you being forfeited by the site.
26. Safe communications with other members / subscribers. Please note that there is no screening of any kind for background or criminal record checks done by Qwertyface Media, LLC You take full responsibility for your communication and safety when contacting and/or being contacted by other members both online and offline. ELMLink.co is not liable for any damages whatsoever whether direct or indirect, incidental, financial, general, special or otherwise that may arise from your communication with other members / subscribers.
27. Age restriction. By registering to the site you confirm that you are at least 18 years of age, if you are under 18 years of age you are prohibited from registering and/or using this website and/or service in any way.
28. Membership fees, Taxes, and payments. You may register as a free member/subscriber and have access to certain features of the service, to access premium features you will be required to upgrade your membership to a paid membership by paying the fees associates with those membership levels. You agree to pay all applicable sales taxes (if applicable) that are due from such purchases.
You agree to pay any and all taxes due from any earnings you may receive from [siteurl] to the appropriate authorities in your jurisdiction. You may discontinue your paid subscription at any time and for any reason by submitting a support ticket from inside your members area to the appropriate department.You agree that if you fail to make a scheduled payment your service will be denied and a 2% per month late fee may be applied to your account.
29. Usage of service(s). You may use the service and/or content while and when available subject to the limitations outlined by our policies.
At anytime and without any prior notice or liability we reserve the right to alter, change, remove, add, replace or otherwise any or all of the services or part of the site in our sole and absolute discretion.
The service(s) is provided on a “as is” and/or “as available” basis. You hereby agree to use the service(s) at your own risk. We are not liable for any damages, direct or indirect resulting from your use of the service, suspension of service, termination of service, or failure to provide the service. Service availability is not guaranteed and you agree not to hold us responsible for any interruption or loss of service of any type.
30. Indemnification. You agree and consent at all times to indemnify, defend and hold harmless the website, its owner, employees, suppliers, agents and affiliates from any and all actions, proceedings, damages, claims, liabilities, costs, legal fees and expenses whatsoever that incurred, sustained, or paid directly or indirectly in connection with your breach of this agreement and/or your use of the site and/or your violation of another individual's or entity's rights.
31. Proprietary Rights. You agree that all content, software, design, and other materials related to the site, service(s) and training(s) are not to copied, reproduced, or distributed in any way.
32.Termination. Your account/service may be terminated at any time, with or without cause and in the sole and absolute discretion of the site administrator and/or employees.
33. Any payment disputes will be resolved in the EU. Any fraudulent, and/or illegal activity or any activity that may affect the enjoyment of the site by other users may be grounds for termination of your account.—
We reserve the right to make changes to this document at any time without prior notice.