When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on or to eleEOS.com or any other website, microsite, or any other internet property owned, operated or sponsored by eleEOS (collectively “eleEOS Web Properties”), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not eleEOS.com, Inc. or its affiliates (collectively, “eleEOS”), are entirely responsible for all User Content that you post to any eleEOS Web Properties. All users of eleEOS Web Properties agree that their access to and use of any eleEOS Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user’s own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the eleEOS.com Web site.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the eleEOS Web Properties, User Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
While eleEOS allows users to post User Content, including images and comments, to eleEOS Web Properties, you should be aware that User Content is not reviewed by eleEOS before posting and does not necessarily reflect the views of eleEOS.
All User Content must be appropriate for a family audience. Any User Content may be removed by eleEOS from the eleEOS Web Properties at any time and for any reason.
When you submit, post, or otherwise transmit User Content to any eleEOS Web Properties you alone are responsible for insuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.
Please note that any User Content posted to any eleEOS Web Properties may be used by eleEOS for commercial purposes and may be copied or exported from any of the eleEOS Web Properties and published elsewhere on the internet or otherwise, so please exercise discretion in deciding what to post on any of the eleEOS Web Properties.
Be aware that eleEOS has no control over User Content once it leaves eleEOS Web Properties, and it is possible that others may duplicate material found on eleEOS Web Properties, including, but not limited to, on other sites on the Internet.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of eleEOS Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of eleEOS Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
eleEOS does not endorse or control the User Content transmitted or posted on the eleEOS Web Properties and therefore, eleEOS does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the eleEOS Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will eleEOS be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the eleEOS Web Properties.
You acknowledge that eleEOS has the right – though not the obligation – in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, eleEOS has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit UGC to eleEOS Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services eleEOS provides.Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By uploading, posting, emailing or otherwise submitting Submissions to any of the eleEOS Web Properties, you grant, and you represent and warrant that you have the right to grant, to eleEOS an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or any third party.
You also acknowledge that your Submissions will not be returned and eleEOS may use your Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify eleEOS and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER ELEEOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF ELEEOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ELEEOS WEB PROPERTIES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
