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ELERT SOCIAL TERMS OF SERVICE
Last updated: August 10th, 2013
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Elert Social, Inc. ("Elert Social", "we" or "us") provides certain services (described below) on or through our website, www.Elert Social.com, our mobile site (m.Elert
Social.com), our mobile application(s), and our premium service (https://www.postmark.com and https://m.postmark.com) (together with any related websites and
mobile services operated by Elert Social, the "Service"). By using our Service, you agree to the following terms and conditions (the "Terms of Service"). These
Terms of Service comprise the entire agreement between you and Elert Social and supersede all prior agreements between the parties regarding the subject matter
contained herein. In addition, when using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such
features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines
are hereby incorporated by reference into these Terms of Service.
If you do not understand or agree with these Terms of Service, please do not use the Elert Social Service or any of its features and do not register to be a member
of the Service. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at info@Elert Social.com.
BY USING ANY OF PART OF THE SERVICE OR BY COMPLETING ANY REGISTRATION OR PURCHASE PROCESS WITHIN ELERT SOCIAL, YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Elert Social Service as long as you adhere to these Terms of Service.
The Service offers features that allow you, among other things:
to create and send free or paid invitations to your friends;
to receive invitations;
to research party planning ideas, tips and tools; and
to access search services and content, among other things.
All content and features made available through the Service that were not made available as of the "Last Updated" date above, shall automatically be deemed to be
part of the Service when first made available through the Service.
Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms
of Service agreement and to abide by all its terms and conditions. Also, you must be an individual of 13 years of age or older to register or use the Service and
YOU MUST BE AT LEAST 18 YEARS OLD TO USE ANY FEATURES OF ELERT SOCIAL POSTMARK (see below for details).
In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
It is Elert Social's policy to respect the privacy of its users. Elert Social's policies with regard to personally identifiable information it collects from you, what
found via a link on every page of the Elert Social web site at http://Elert Social.com and may be found here http://www.Elert Social.com/content/privacy_policy.
DESCRIPTION OF ELERT SOCIAL SERVICE
You are required to register with Elert Social if you want to:
use the Address Book;
write a review or user rating;
submit a party idea;
send a free Elert Social invitation to an event;
access your account;
view your upcoming events and retrieve past Elert Social invitations;
save and access saved information;
view and edit your My Account Page;
submit a party idea;
use of promotion tools, including but not limited to eblasts, twitter, instagram, facebook, etc.
upload photos or video; and/or
purchase Credits or bundles and/or otherwise send invitations or correspondence through Elert Social (see below for details).
Please note that not all of the above features in the previous sentence may be available at any given time and that Elert Social may require registration for
additional features that may be developed or added to the Service from time to time. Unless otherwise indicated, you do not need to register for the Elert Social
Service if you are simply responding to an Elert Social invitation or browsing through the Elert Social Service.
In order to register with Elert Social you may be required to supply a valid email address, which will be used as a unique identifier for your account, and your first
name, last name, birthday, gender, country of residence and ZIP code. You will also be asked to set a password. You may also be asked to provide certain other
information, including an image, interests and/or other requested information.
You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or
otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You
may change your password, or any other account information, at any time by following instructions available on your Profile Page.
You agree to immediately notify us at support@Elert Social.com of any unauthorized use of your account or any other breach of security related to your account or
Free Online Invitations
Elert Social provides registered users with the ability to create and send online invitations for a wide variety of events for a multitude of occasions. In order to assist
our registered users, we have developed a suite of invitation templates that you can customize by providing specific event information, descriptions and images.
From time to time, we may also allow you include certain widgets or polls that you can provide to your guests. Sometime these widgets or polls will be sponsored by
our third party partners, including advertisers. Once you have created your invitation, you will then be asked to supply the email addresses of those guests that you
wish to invite. We do not share any personally identifiable information about your guests to any third party except in extremely limited circumstances, which are
Elert Social Postmark
As part of the Service, Elert Social has developed "Elert Social Postmark", which allows registered users to purchase Credits in order to send online invitations and
correspondence that are free of any advertising.
In order to send an invitation and/or correspondence through Elert Social Postmark you will be required to register with Elert Social and purchase "Credits" through
the purchase process. Any unused Credits that you have purchased will remain in your Elert Social Postmark account for your future use through Elert Social
Postmark and/or for other services or features through the Elert Social Service, except as set forth below.
If you wish to purchase additional Credits, modify or update your Elert Social Postmark account or change your settings in any other way, you may do so by logging
into your Elert Social Postmark account on the Elert Social Postmark site (https://www.postmark.com).
You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use relating to your Elert Social Postmark account or the Elert Social Postmark
Service or any other breach of security related to your Elert Social Postmark account or the Elert Social Postmark Service.
PLEASE NOTE THAT CREDITS PURCHASED THROUGH THE ELERT SOCIAL POSTMARK SYSTEM ARE NON-REFUNDABLE AND ALL SALES ARE FINAL.
CREDITS ARE PERSONAL TO THE ACCOUNT HOLDER AND MAY NOT BE TRANSFERRED OR EXCHANGED FOR ANY GOOD OR SERVICES, EXCEPT FOR
THOSE ELERT SOCIAL POSTMARK SERVICES THAT ARE AVAILABLE AT THE TIME OF USE OF THE CREDITS.
By submitting an order to purchase Credits through the Elert Social Postmark service, you authorize Elert Social and/or its third party payment processor to charge
the credit card or, if applicable, other payment option made available by Elert Social, for the payment amount. All payments must be made in United States dollars.
You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your
purchase, and Elert Social reserves the right to collect such taxes or other fees from you at any time.
Elert Social reserves the right to increase or decrease the price of Credits at any time in its sole discretion without notice to you; provided that any previously
purchased Credits will not be subject to any increase in price.
Elert Social reserves the right to increase or decrease the number of Credits required to be exchanged for a particular service, at any time in Elert Social's sole
discretion without notice to you.
Elert Social reserves the right to increase or decrease the scope of services for which Credits can be exchanged, at any time in Elert Social's sole discretion and
without notice to you.
Elert Social reserves the right to limit the amount of Credits you can purchase at any one time or hold in your account at any one time, in its sole discretion.
Elert Social reserves the right to offer Elert Social Postmark Credits for free or for a discount in connection with incentive programs, bonus programs, loyalty
programs or other programs, and to limit participation in such programs to only certain members of the public (e.g. newly registered users of Elert Social Postmark,
Elert Social reserves the right to place restrictions on the use, expiration, redemption or timing of any Credits that are offered for free.
Unused/Abandoned/Forfeited Elert Social Postmark Credits
If you have not accessed your Elert Social Postmark account for a period of at least 24 consecutive months, then, you direct Elert Social (or its third party designee)
to donate the then current dollar value of those Credits to a nationally recognized 501(c)(3) charity in your name, which may be a donation in the name of a
collective group, such as "Former Elert Social Members" that does not expressly include your name.
If Elert Social terminates your Elert Social Postmark account for cause, including due to your violation of these Terms of Service, all unused Credits that remain in
your Elert Social Postmark account at the time of termination will refund the then current dollar value of those Credits (as determined by the most current per credit
purchase cost available on the Elert Social Service) to you, either through a credit to your charge card, credit to the payment account you originally used to
purchase the Credits, check mailed to your most current mailing address or such other reasonable process as determined in Elert Social's sole discretion, less a
fee of Twenty-Five Dollars ($25) to cover the cost of processing such refund. If there is less than Twenty-Five Dollars ($25) of Credit value remaining in your
account, Elert Social will not seek any reimbursement from you but we will simply zero out the account. In the event that Elert Social fails in its attempt to refund any
such amounts and is unable to locate you within five (5) business days after attempting to contact you through your most recent contact information, you agree that
you direct Elert Social (or its third party designee) to donate the then current dollar value of those Credits to a nationally recognized 501(c)(3) charity in your name,
which may be a donation in the name of a collective group, such as "Former Elert Social Members" that does not expressly include your name.
Termination of Elert Social Postmark
Elert Social may elect to stop offering the Elert Social Postmark service at any time in its sole discretion without notice to you. If there are unused Credits that you
originally paid for in your account (i.e. that were not provided to you for free) at the time that Elert Social ceases operating the Elert Social Postmark service, Elert
Social will refund the then current dollar value of those Credits (as determined by the most current per credit purchase cost available on the Elert Social Service) to
you, either through a credit to your charge card, credit to the payment account you originally authorized for the payment of Credits, check mailed to your most
current mailing address or such other reasonable process as determined in Elert Social's sole discretion.
In the event that Elert Social fails in its attempt to refund any such amounts and is unable to locate you within five (5) business days after attempting to contact you
through your most recent contact information, you agree that you direct Elert Social (or its third party designee) to donate the then current dollar value of those
Credits to a nationally recognized 501(c)(3) charity in your name, which may be a donation in the name of a collective group, such as "Former Elert Social
Members" that does not expressly include your name.
Elert Social Mobile You may access the Service on your mobile browser at m.Elert Social.com. In addition, you may send invitation dates and locations in a text
message to your mobile phone. Elert Social does not charge for mobile services, but standard or other charges may apply from your mobile carrier. Please check
your plan to make sure. To stop receiving text messages at any time, text STOP to 44636. For help, text HELP to 44636 or email email@example.com.
Elert Social App You may access the Service on your smartphone or tablet device through an Elert Social App. The Elert Social App may allow you to access
features of the Service and/or provide dedicated features only available through the Elert Social App. If you download the Elert Social App, Elert Social may require
you to update the version of the Elert Social App from time to time in order to continue to use the Service through the Elert Social App.
Other Features Elert Social may provide additional features from time to time through the Service, which Elert Social may make available for your use in its sole
discretion. Additional features made available by Elert Social may be designated as in "beta". A feature or service that is in "beta" means that it is a work in progress
and may not be fully functional, but that is being offered to test the feature or service and to develop its utility for the Elert Social community.
LICENSE TO USE THE SERVICE
Elert Social grants you a limited license to access and make personal use of this Service and not to download (other than page caching) or modify it, or any portion
of it, except with Elert Social's express written consent. The foregoing license does not include any resale or commercial use of this Service, the Service or its
contents; any derivative use of this Service, the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This
Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Elert
Social's express written consent. Use of the Service that constitutes abuse shall be determined by Elert Social, in its sole discretion. Elert Social reserves the right to
terminate your account if Elert Social determines you have not complied with these Terms of Service.
RESTRICTION ON USE OF CONTENT
You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are
protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we
own a copyright in the selection, coordination, arrangement and enhancement of such Content.
Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer
environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent,
lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or
any part of the Service, including the Content.
The "Elert Social" name, the "ELERT SOCIAL" name, and their related stylized logos are registered and/or trademarked marks of Elert Social. Our partners may
also have additional proprietary rights in the content which they make available through the Service. The trade names, trademarks and service marks owned by us,
whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names,
trademarks or service marks without our express prior written consent.
MATERIALS SUBMITTED THROUGH THE SERVICE
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials")
that are transmitted, posted, or distributed by you through the Service, including, but not limited to, the contents of your email communications, information, reviews,
user ratings, photos or images posted or sent by you to or through the Service. All Materials posted or sent by you, are your sole responsibility. By posting or
sending Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Elert Social does not control the Materials posted or sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials.
By using the Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.
UNDER NO CIRCUMSTANCES WILL ELERT SOCIAL BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT
NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
You agree that if you post any Materials through the Service, you automatically grant to Elert Social, and its successors and assigns, a non-exclusive, worldwide,
royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce
such Materials to other users of the Service and to third parties with whom Elert Social has a relationship. You also grant Elert Social the right to authorize the
downloading and printing in whole or in part of any Materials that you post to the Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the
Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of
Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the
Service, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Service, (2) comply with applicable laws, (3)
respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Elert Social, the Service
visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
RESTRICTIONS ON USE OF THE ELERT SOCIAL SERVICE
You agree not to do the following on or through the Elert Social Service:
Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
defamatory; libelous or invasive of another's privacy;
fraudulent or tortious;
vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is
intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
an unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment
any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process
(commercial or otherwise);
Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or
rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
Harm minors in any way.
Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your
affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures,
policies or regulations of such networks.
Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges.
Use the Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or
services without our express prior written consent; or use the Service in a commercial manner, unless otherwise expressly allowed by Elert Social.
Use the Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages
violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined in Elert
Social's sole discretion.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of Elert Social's
users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any
Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Materials transmitted through the Service.
Create a database by systematically downloading and storing content from the Service.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather
Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
Engage in any other conduct which, in Elert Social's sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your
account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while
using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources,
you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable
for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Elert Social has no control and which
will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
You agree to indemnify, defend and hold harmless Elert Social, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents,
successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your
use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these
Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or
entity; or (iv) your violation of any applicable law or regulation.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ELERT SOCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. ELERT SOCIAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ELERT SOCIAL MAKES NO WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ELERT SOCIAL DOES NOT CONTROL
CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE,
INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ELERT SOCIAL FROM THIRD PARTIES OR
MATERIALS PROVIDED BY OTHER USERS. ELERT SOCIAL ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO
THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY
MATERIAL FROM THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT ELERT SOCIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ELERT SOCIAL HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED
INTO WITH ELERT SOCIAL OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF
THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR
DATA. YOU SPECIFICALLY AGREE THAT ELERT SOCIAL IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING,
DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF
ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING,
BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO USER.
TERMINATION AND MODIFICATION OF THE SERVICE
You agree that we, in our sole discretion, may terminate your password, account or Elert Social Postmark account (or any part thereof) or use of the Service, and
remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable
information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any
time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination
of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not
limited to (i) restricting the time the Service are available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right
to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the
Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third
party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
The Service is controlled and operated by Elert Social from the United States, and is not intended to subject Elert Social to the laws or jurisdiction of any territory
other than that of the United States. Elert Social does not represent or warrant that the Service or any part thereof is appropriate or available for use in any
particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local
laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in
our sole discretion.
Elert Social may give notice to you by email, a posting on the Service, or other reasonable means. You must give notice to Elert Social in writing via email or as
otherwise expressly provided by Elert Social. Elert Social may broadcast, distribute or display notices or messages through the Service to inform you of changes to
notice to you.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee
relationship between you and Elert Social. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California,
without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed
only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within one (1) year after such claim or
cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within
this period, any failure by Elert Social to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining provisions.
Elert Social may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these
Terms of Service or any or all of your rights or obligations under these Terms of Service without Elert Social's express prior written consent. These Terms of Service
will inure to the benefit of Elert Social's successors, assigns and licensees.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This is the entire agreement between you and Elert Social relating to the subject matter herein and may not be modified by you.
Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
COPYRIGHT AND COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the
accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Please contact our Copyright Agent for Notice of claims of copyright infringement at:
Registered Copyright Agent
Elert Social, Inc.
8800 Sunset Blvd.
West Hollywood, CA
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the
Service, please send an email to support@Elert Social.com. You may also contact us by writing to Elert Social, Inc., 8800 W. Sunset Blvd., West Hollywood, CA
90069, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MODIFICATIONS TO THESE TERMS OF SERVICE
Elert Social reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will
announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last
revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have
agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.
© Elert Social, Inc. 2013. All rights reserved.
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© 2013 Elert Social. All Rights Reserved. Users of alcohol-endorsed Elert Social designs must be of legal drinking age.