Revision Date: September 1, 2011
General Rules of Conduct. You agree you will not:
(i) use the Website for any unlawful purposes or for promotion of illegal activities;
(ii) post any material on the Website that is hateful, abusive, threatening, profane, or otherwise objectionable;
(iii) post material or use the Website to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
(iv) publish, post or collect other people's private or personally identifiable information for any unlawful purpose or without their express authorization and permission;
(v) use, download, upload, copy, print, display, perform, reproduce, modify or distribute any materials from the Website, in whole or in part, for any public or commercial purpose without the express written permission of EG; or
(vi) include links to commercial services or websites.
Community Members. Use of certain services on the Website require that you create an account and become a registered user (“Community Member”). You agree that all information you provide about yourself in the creation of your account is accurate. If any information you provide is untrue, incomplete or no longer current, EG reserves the right in its sole discretion to terminate or suspend your user account. You must be at least 13 years of age in order to become a Community Member or provide any other personal information to EG.
You understand that by using the Website, you may be exposed to Content that might be offensive, inappropriate, objectionable or harmful; contain typographical mistakes, errors, technical or other inaccuracies; or violate third party intellectual property, privacy or publicity rights. EG disclaims any responsibility for any harm or damage resulting from your use of the Website or the Content.
Your User Content. By submitting, posting or displaying any User Content on or through the Website, you grant EG a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed. EG may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
You are entirely responsible for any User Content you submit to the Website, and any harm resulting from it. By submitting any User Content to the Website, you represent and warrant that:
(i) you have all necessary rights to grant the foregoing licenses, and the reproduction, distribution, modification, downloading, and use of such User Content by EG or other Website users will not infringe the intellectual property rights of any third party;
(ii) you have fully complied with any third-party licenses relating to the User Content;
(iii) the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iv) the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
(v) the User Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Third Party Content. The Website may contain opinions, judgments or Content posted by parties other than EG such as User Content provided by other Website users (collectively, “Third Party Content”). EG has not reviewed, and cannot review, all such Third Party Content and therefore cannot be responsible for the use or effect of such Third Party Content. By operating the Website, EG does not represent or imply that it endorses any Third Party Content contained on the Website, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from any harmful or destructive materials accessed by way of Third Party Content such as, without limitation, viruses, worms, Trojan horses, and other harmful or destructive content. EG disclaims any responsibility for any harm to you resulting from such Third Party Content.
Third Party Services and Products. The Website may contain links to third party websites, resources and services provided by parties other than EG (“Third Party Services”) or allow you to purchase products from third parties (“Third Party Products”). EG is not responsible or liable for such Third Party Services or Third Party Products, and all terms related to such Third Party Services or Third Party Products are solely between you and the applicable third party vendor. Inclusion of links to such Third Party Products or Third Party Services on the Website does not imply any endorsement by EG of such Third Party Products or Third Party Services. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any Third Party Products or Third Party Services.
Copyright Infringement and DMCA Policy. EG respects the intellectual property rights of others and expects users of the Website to do the same. EG will respond to notices of alleged copyright infringement that are properly provided and comply with applicable law. If you believe that your copyright has been infringed or your intellectual property rights have been violated, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Website is:
Elsie Green, Inc.
20 Copenhagen Court
Alamo, CA 94507
EG reserves the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at its sole discretion. In appropriate circumstances, EG will also terminate a user's account if the user is determined to be a repeat infringer.
Disclaimer of Warranties. YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EG DISCLAIMES ANY WARRANTIES FOR (i) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY OR PERFORMANCE OF THE WEBSITE; AND (ii) ANY GOODS OR SERVICES ACCESSED THROUGH THE WEBSITE OR THROUGH ANY LINKS CONTAINED ON THE WEBSITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL EG OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS OR DATA EVEN IF EG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF THIRD PARTY CONTENT, THIRD PARTY PRODUCTS OR THIRD PARTY SERVICES).
The Website is operated and provided by Elsie Green, Inc.
20 Copenhagen Court
Alamo, CA 94507