1. Acceptance of Terms
2. General Conditions
+ We reserve the right to modify or terminate the ELETTRO service at any time and for any reason.
+ We reserve the right to refuse service to anybody at anytime, and for any reason.
+ We reserve the right to enforce forfeiture of any user name by reason of inactivity, trademark violations, or if there are cases of misleading users or to reclaim on behalf of individuals and businesses that hold legal claim to their user names.
3. Eligibility to Accept Agreement and Use Site
You must be at least 13 years of age to access and use ESP, and if you are between 13 and 17 years of age, you must have permission from your legal parent or guardian to access and use ESP and all ELETTRO Services. There is no exception to this requirement. ELETTRO does not knowingly collect any personal information from children under the age of 13 that falls within the Children's Online Privacy Protection Act and Rule. By your use of the ESP, you agree that you are either 18 years of age or older, or between 13-17 years of age or older AND are either an emancipated minor, or possess legal parental or guardian consent, and you also agree that you are fully able and competent to understand and accept this agreement as a binding contract and to abide by all terms.
4. Description of Services
Description. As part of your participation using ESP, ELETTRO provides you with use of ESP and access to a variety of resources, including developer tools, content offered through ESP (including your content, content submitted by other users, and pre-populated content offered by ELETTRO), learning materials, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
5. Usage Policy
5.1You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ELETTRO and ESP Services. If you download or print a copy of anyone else’s content obtained through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not to circumvent, disable or otherwise interfere with any technical limitations in the Services.
5.2 YOU MAY NOT USE ESP FOR COMMERCIAL PURPOSES (IE. SELLING SPONSORSHIP TO THIRD-PARTIES) WITHOUT THE EXPRESS WRITTEN CONSENT OF ELETTRO INCORPORATED.
5.3 Prohibited Uses. You may not allow any third party to:
5.3.1 modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the ESP software or any portion of ESP or the ELETTRO Services (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
5.3.2 copy or distribute software or code owned by ELETTRO;
5.3.3 use the ELETTRO software or ESP in any manner that could damage, disable, overburden, or impair ELETTRO's site or Service or another user's use of the ESP site or ELETTRO Services;
5.3.4 remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices ("Notices") contained in or on the ESP, ELETTRO Services, ELETTRO code embeddable or embedded on a third party Web site and/or the ELETTRO Software and you shall reproduce such Notices exactly on all permitted copies of the ELETTRO Software;
5.3.5 create user accounts by automated means or under false or fraudulent pretenses;
5.3.6 create or transmit unwanted electronic communications such as "spam" to other users or members of ESP and/or ELETTRO Service or otherwise interfere with other user's or member's enjoyment of ESP and/or ELETTRO Services;
5.3.7 submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by ELETTRO;
5.3.8 transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
5.3.9 use the ESP Web site or ELETTRO Services to violate the security of any computer network or transfer or store illegal material.
5.3.10 use the ESP Web site or ELETTRO Services as part of any commercial product without express written consent or pro account.
5.3.11 will not post content that: that is illegal, hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
5.4 ELETTRO has no obligation to you to monitor the Services. ELETTRO reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Any content that has been uploaded onto ESP may be deleted at such time without notice to You. Elettro also reserves the right at all times to disclose any information as ELETTRO deems necessary to: satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in whole or in part, in ELETTRO's sole discretion.
5.5 Intellectual Property Rights; No Warranty; Unavailability; Liability Limitations.
5.5.1 Copyright and Trademark Notices. All content or software provided as part of Elettro Services or in the ESP Web site, except users' submissions, are owned by or licensed to ELETTRO. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. ELETTRO and ESP are trademarks or registered trademarks of ELETTRO INCORPORATED in United States and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
5.5.2 NO WARRANTIES.
ELETTRO, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT PROVIDE THE SERVICES AND CONTENT "AS IS" AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES, OPERATION OF THE WEB SITE, SOFTWARE, INFORMATION, AND THE CONTENT, MATERIALS AND PRODUCTS INCLUDED ON THE WEB SITE OR IN ASSOCIATION WITH ELETTRO SERVICES. FURTHER, ELETTRO INCORPORATED, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT DISCLAIM ALL INCLUDING ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING BUT NOT LIMITED TO CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELETTRO INCORPORATED, ITS SUPPLIERS AND OTHER LICENSORS OF CONTENT DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE ESP WEB SITE.
5.5.3 POTENTIAL UNAVAILABILITY.
THE ESP WEB SITE AND SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. ELETTRO SHALL NOT BE LIABLE FOR ANY FAILURE OF THE ELETTRO SOFTWARE, WEB SITE OR SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND ELETTRO REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION BY ELETTRO OR ANY OTHER THIRD PARTY AFFILIATES. YOU AGREE THAT ELETTRO SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, ASSETS OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE, WHETHER TEMPORARY OR PERMANENT. IN THE EVENT THAT ELETTRO TERMINATES ITS WEB SITE OR SERVICES, ELETTRO WILL NOT RETURN ANY CONTENT, MATERIALS OR ASSETS. THEREFORE, THE USER IS SOLELY RESPONSIBLE FOR BACK-UP OF ANY OF THESE AFOREMENTIONED ITEMS.
5.5.4 LIMITATION OF LIABILITY.
IN NO EVENT SHALL ELETTRO AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE AND/ OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, THE WEB SITE, PROVISION FOR OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. ELETTRO AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.
6. Proprietary Rights in Content on ELETTRO
ELETTRO does not claim any ownership rights to the text, photos, video, audio, music works, or any other materials that users post on or through ELETTRO. By displaying (“posting”) any content on or through ELETTRO, you hereby grant to Elettro Incorporated a non-exclusive, full paid and royalty-free, worldwide, limited license to use, modify, delete from or add too, publicly display, reproduce, translate any content you upload including without limitation distributing part or all of the content via any media format through any media channels.
Some of the ELETTRO promotions are sometimes ad supported and may display advertisements, featured brands and promotions, and you hereby agree that ELETTRO may place such advertisements and promotions on ELETTRO in conjunction with your content. How we integrate advertisements is subject to change without notice.
You represent and warrant that: (i) you own the content posted by you on or through ELETTRO or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the ELETTRO does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through ESP.
Elettro Social Platform contain content of ELETTRO. ELETTRO content is protected by copyright, trademark, patent, trade secret and other laws, and ELETTRO owns and retains all rights in the ESP Content and ELETTRO apps and websites. ELETTRO hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the ELETTRO content (excluding any software code) solely for your personal use in connection with viewing the site and using ESP.
Ads appearing on any of our websites, mobile or tv app experience may be delivered by our advertising and sponsorship partners, who may utilize cookies. These cookies are added servers to recognize you and your computer to present ads with the most relevance. The information allows ad networks radically improve the advertising experience. We like to maximize the fun on our network of sites and usage of brand integration. Free accounts may have ads displayed on your social apps. Free ESP apps could have 3rd party ads on their social apps.
8. User Submissions
8.1 ESP and ELETTRO Services include tools that allows you to create and modify web content and post your resulting work on other web pages ("Derivative Content"). All the materials that you create using ESP, or that you transmit to another person through the ESP, or that you post, upload, input or submit to the Web site (including Derivative Content) is referred to in this TOS as "Submissions" and will be deemed "submissions" for the purpose of the Agreement.
8.2 ELETTRO does not claim ownership of or endorse Submissions and disclaims any liability with respect to users' Submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ELETTRO and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up rights:
8.2.1 to display the Submissions on the ELETTRO/Website
8.2.2 to display the Submissions within advertisements and other marketing collateral that promotes ELETTRO and ESP and
8.2.3 to publish your name or alias in connection with your Submissions. You may completely remove your Submissions at any time from the Site, but such removal will not affect any licenses that you granted in connection with the Submissions prior to the time you completely removed them. No compensation will be paid for your Submissions or for the permissions you have granted above.
8.3 To help make your contributions safe and freely usable by others, you warrant that:
8.3.1 you own or otherwise have all rights necessary for you to Post the Submissions and grant the rights described above; and
8.3.2 your Submissions do not contain any viruses, worms, spyware, or other components or instructions that are unlawful, malicious, deceptive, or designed to limit or harm the functionality of a computers' hardware, software, and services, including but not limited to ELETTRO's.
8.4 By Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that
8.4.1 you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by the TOS and the Services,
8.4.2 you have the rights necessary to grant the licenses and sublicenses described in the TOS, and
8.4.3 each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOS, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to all members of your private community (for each such Images available to members of such private community), permission to use your Images in connection with the use, as permitted by the TOS, of any of the Services, including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination will not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
8.5 If we receive a valid complaint about a Submission or decide at our sole discretion and for any reason to remove a Submission or other material you have posted, we reserve the right to remove such a Submission completely from ESP, without notification to you. If you have incorporated an offending Submission in your Derivative Content then our removal may affect your Derivative Content. If you are the person who had submitted an offending Submission, we may also terminate your access to the Services.
9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless ELETTRO, its officers, directors, employees and agents, and any licensor of ELETTRO, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) made by you or any third party due to or arising from your use of ESP or ELETTRO Services, your violation of any Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the ELETTRO Software, Web site or the ELETTRO Services. This defense and indemnification obligation will survive this Agreement and your use of the Site.
10. Limitation of Liability.
ELETTRO and ESP shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of ESP to plan, build, manager or archive promotions, contests with or without prizing of any size and apis, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not ELETTRO has been advised of the possibility of such damages under no circumstances shall ELETTRO be liable to you for any amount.
We look forward to providing code that easily empowers our developer community to aggressively innovate with ELETTRO as part of their solutions. At this time we need you to agree with all of the terms of license set forth for each and all of the ESP APIs. If you disagree with any of our terms or license then we are unable to grant you a license to utilize our APIs.
Your license to the ESP APIs under these terms can be terminated at any time. ELETTRO may terminate the license at any time for any reason. Your rights to use the ESP APIs terminate automatically if you (1) violate any of these terms (2) ELETTRO disables access to the ESP APIs to you.
12. Licensed Uses and Restrictions.
The APIs are owned by ELETTRO and are licensed to you on a non-exclusive, limited, non-sub-license-able basis on the terms and conditions set forth herein. These terms define legal use of ESP APIs, all updates, revisions, substitutions, and any copies of the ESP.Elettro.com APIs made by or for you. ESP user photos are owned by the users (the photo creators) and not by ELETTRO. All rights not expressly granted to you are reserved by ELETTRO.
You shall not use " ELETTRO" in the hostname of your application, i.e. Elettro.mydomain.com. You shall place the following notice prominently on your application: "This product uses the Elettro Social Platform API but is not endorsed or certified by ELETTRO." You may not use the ELETTRO or ESP logo without specific written permission from ELETTRO. Any use of the ELETTRO or ESP logo in your application shall be less prominent than the ELETTRO or mark that primarily describes the application and your use of the ELETTRO logo shall not imply any endorsement by ELETTRO.
14. Ownership and Relationship of Parties.
The ESP APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. ELETTRO 's rights apply to the ESP APIs and all output and executables of the ESP APIs, excluding any software components developed by you which do not themselves incorporate the ESP APIs or any output or executables of the ESP APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. ESP owns all rights, title, and interest in and to the ESP APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by ESP, including (but not limited to) the ESP APIs and ELETTRO trademarks.
15. Fees and Payments.
As we proceed with finalizing our infrastructure, all prices, costs, deals are dealt with offline and directly between ELETTRO and users of Elettro Social Platform.
16. Disclaimer of Any Warranty.
Some of the ESP apis may be experimental and not tested in any manner. ELETTRO does not represent or warrant that any ESP apis are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The ESP apis are provided "as is" with no warranty, express or implied, of any kind and ELETTRO expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of ESP apis is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any ESP apis including, but not limited to, any damage to your computer system or loss of data.
17. General Terms.
19. ESP API Trademark and Brand Guidelines
§ You are not allowed to use the word "Elettro Social Platform" or any variation in your product name, domain name, or images.
§ You are not allowed to use the Elettro or ESP.Elettro.com icon or logo unless specifically allowed in the developer documentation
§ If you do incorporate ESP.Elettro.com's logos, you must include the following statement clearly on your website: "This [application/website] uses the Elettro Social Platform(tm) API and is not endorsed or certified by ELETTRO, All ELETTRO (tm) logos and trademarks displayed on this [application/website] are property of Elettro Incorporated."
§ While you cannot use the word "Elettro Social Platform" in your product's name,
Note that we reserve the right to reject any use of these terms in connection with the use of the ESP API.
Contact us with any question
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