Terms of service
Terms of Service
Please read these Terms of Service (collectively with Ellekay LLC's Privacy Policy, the "Terms of Service") fully and carefully before using our website and the services, features, content, applications, or products offered by Ellekay LLC ("we", "us", "our" or "Ellekay") (together with the Site, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
Eligibility
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or the use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration
To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Definitions
When referring to "Content" under this Terms of Service document, we include a broad variety of material such as data, text, photos, videos, audio clips, written posts, comments, software, scripts, graphics, and features created, supplied, or otherwise made available via our Services. It is understood that you access all Content through the Services at your own risk, and you alone are responsible for any resulting harm to yourself or others. While accessing Content via the Services, we cannot ensure its accuracy or its continued presence.
Intellectual Property Rights
Some Content provided on our Services may be the property of Ellekay LLC or our affiliates and is protected by intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. It is your responsibility to respect these rights and adhere to all related copyright notices and limitations present in any accessed Content.
Licensing for Use
We grant each user a global, non-exclusive, non-transferable license to access Content, subject to these Terms of Service, and strictly for utilizing our Services. The use, modification, reproduction, distribution, or storage of Content for anything other than utilizing the Services is expressly forbidden without prior written consent from Ellekay LLC. Commercial exploitation or use in a manner that infringes upon third-party rights of any Content is strictly prohibited.
Content Availability
Ellekay LLC does not assure the availability of any Content on the website or through its Services. We retain the right, without any obligation, to remove, revise, or modify any Content at our discretion, at any time, without prior notification, for reasons such as, but not limited to, receiving complaints or claims from third parties or authorities concerning the Content, or if we believe that you may have breached these Terms of Service; and to also restrict access to any Content via the Services.
Rules of Conduct
Your use of the Services implies a commitment not to exploit them for forbidden purposes as delineated by these Terms of Service. All actions taken by you within the context of the Services are under your accountability.
Prohibited Actions
You are prohibited from:
•Imposing a load on the infrastructure of Ellekay LLC or our third-party providers that we deem, in our sole judgment, as unreasonable or excessively large
•Disrupting or interfering with the proper functioning of the Services or associated activities
•Bypassing or attempting to bypass measures set to limit access to the Services
•Utilizing bots, spam methods, or automated systems on the Services
•Engaging in web scraping of any site content
•Compiling or gathering Content from the Services improperly
•Spreading known false, misleading, untruthful, unlawful, or inaccurate information
•Uploading viruses or harmful computer code intended to disrupt, damage, or gain unauthorized access to any system, data, or information
•Taking any action against our guidelines and policies
•Deciphering, decompiling, disassembling, reverse engineering, or deriving the source code or underlying concepts of any part of the Services
•Modifying, translating, or creating derivative works of any part of the Services
•Transferring the rights granted to you hereunder
It's vital to follow all relevant local, national, and international regulations.
Enforcement
Ellekay LLC maintains the right to manage, preserve, and disclose any necessary information to:
•Comply with the law or government requests
•Enforce these Terms, including investigating any violations
•Address fraud, security, or technical problems
•Respond to support concerns from users
•Protect the safety and rights of us, our users, and the public
All purchases of our products are for personal use only. By buying our products, you are agreeing not to resell or distribute them for any commercial purposes. Any violation of these terms could prompt Ellekay LLC to take necessary actions.
Paid Services
Some of the offerings on Ellekay LLC's website, which may include the sale of various products, could require payment now or in the future ("Paid Services"). It should be understood that any payment conditions presented to you when enlisting or utilizing a Paid Service become an integral part of this Agreement.
Billing and Payment
We engage third-party payment processors to handle billing and payment processing. By providing payment information, you authorize us and our payment processors to charge the applicable fees to your chosen payment method. You are responsible for all charges incurred under your account, including applicable taxes and fees.
All fees are non-refundable unless otherwise specified in our refund policy or required by law. We reserve the right to change our pricing at any time, with notice provided through our Services or via email.
Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Services. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
User Content
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant Ellekay LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Services.
You represent and warrant that:
•You own or have the necessary rights to submit your User Content
•Your User Content does not violate any third-party rights
•Your User Content complies with these Terms of Service
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Ellekay LLC does not warrant that:
•The Services will be uninterrupted or error-free
•Any defects will be corrected
•The Services are free of viruses or other harmful components
•The results of using the Services will meet your requirements
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELLEKAY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.
IN NO EVENT SHALL ELLEKAY LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO ELLEKAY LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Ellekay LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
•Your use of the Services
•Your violation of these Terms of Service
•Your violation of any third-party rights
•Any content you submit or transmit through the Services
Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States.
Severability
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by posting the new Terms of Service on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
Contact Information
If you have any questions about these Terms of Service, please contact us at:
Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Ellekay LLC.
