Terms of Use
These Terms of Use (the "TOU") state the terms and conditions under which EListMania provide you ("you," or "your") access to the EListMania.com site (together with any sub-domains thereto and future sites operated by EListMania).
By Accessing, Browsing, or Using the sites and services, you are deemed to accept the TOU, as well as our privacy policy, as a binding agreement. If you do not wish to be bound by the TOU or the privacy policy, please do not access or use the services. Your use of the sites and services and information provided therein must in all cases comply with all applicable laws and regulations.
- EListMania provides the Services to you subject to the following TOU, which may be updated
by us from time to time in our sole discretion. Each time changes are made to the
TOU, a revised TOU will be posted on the Sites. Your continued use of the Services,
or any part thereof, following the posting of changes constitutes your acceptance
of such changes. If you do not wish to be bound by the TOU, you should discontinue
your use of the Services.
- EListMania reserves the right at any time, and from time to time, to modify, suspend,
or discontinue, temporarily or permanently, the Services (or any part thereof) with
or without notice. You agree that EListMania shall not be liable to you or to any third
party for any such modification, suspension or discontinuance.
- EListMania may include advertisements on the Services, which are necessary for EListMania
to provide the Services to its users free of charge. Your correspondence or business
dealings with, or participation in promotions of, advertisers or third party vendors
found on or through the Services, including payment and delivery of related goods
or products, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser or third party vendor.
Any question, complaints, or claims should be directed to the appropriate advertiser
or third party vendor. Additionally, all product reviews and ratings are informative
for those wishing to use them, but they do not guarantee any level of performance
by a third party vendor in any transaction. You agree that EListMania shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or third party vendors
or product reviews or ratings on the Services.
- We do not independently verify the accuracy or reliability of the services. Additionally,
the services are provided on an "as is" and "as available" basis, without warranty
of any kind. EListMania, and its third-party licensors, specifically disclaim all warranties,
express or implied, including, but not limited to, warranties of merchantable, fitness
for a particular purpose, and non-infringements.
- EListMania, its licensors and suppliers make no warranty that:
- The services will meet your requirements.
- The provision of the services will be uninterrupted, secure or error-free.
- The results that may be obtained from the use of the services will be accurate or reliable.
- The quality of any products, software, services, information, or other material purchased or obtained by you through the use of the services will meet your expectations.
- Any errors in the services will be corrected. Neither we, nor our licensors or suppliers, guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of any of the services. The services may be harmful, untimely, incomplete, or inaccurate and, accordingly, you agree to exercise caution, discretion and common sense when using the services.
- You should not use the services for emergency purposes or to seek or provide diagnosis or treatment of medical, psychological or other problems or difficulties, or as a substitute for professional medical, psychological, tax, legal, investment, accounting, or other professional advice. The entire risk for use of the services is borne by you.
- None of the licensors, contributors, sponsors, administrators, or anyone else connected
with the services in any way whatsoever can be responsible for the appearance of
any inaccurate information or for your use of the information contained in or linked
from the services.
- You agree to indemnify and hold EListMania, its subsidiaries and affiliates, and their
respective officers, directors, employees, and agents harmless from and against
any and all liability, losses, claims, demands or costs of any kind, including reasonable
attorneys' fees and costs of litigation, arising from (i) your Postings or other
content you submit, post, transmit, email, or otherwise make available through the
Services, (ii) your use of or reliance on the Services, (iii) your connection to
the Services, (iv) your violation of the TOU, or (v) your violation of any rights
of another party.
- The EListMania, EListMania.com and other Services names, trademarks and logos are trademarks
of EListMania or its third-party licensors. Without our written prior permission, or
that of applicable third parties, you agree not to display, or use in any manner,
the marks of EListMania. The trademarks, logos, and service marks not owned on behalf
of EListMania and that are displayed on the Services are the registered or unregistered
marks of their respective owners. No rights are granted by EListMania to use such marks,
whether by implication or otherwise.
- By displaying or publishing ("posting") any content on the Site, including without
limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses,
personal information and other works of authorship (collectively, "Content), you
warrant and represent that (a) you own all rights in your Content and the performance
contained in your Content or, alternatively, you have acquired all necessary rights
in your Content to enable you to grant to EListMania the rights in your Content described
herein and for us to exercise the rights with respect to such Content that you grant
herein; (b) you have paid and will pay in full all license fees, clearance fees,
and other financial obligations, of any kind, arising from any use or commercial
exploitation of your Content; (c) you are the individual pictured, depicted, and/or
heard in your Content, or, alternatively, you have obtained permission (and, if
applicable, publicity rights) from each person (d) you will make such permissions
available to EListMania upon request; and (e) your Content is not defamatory in nature,
does not infringe the intellectual property rights, privacy, rights to publicity
or any other legal or moral rights of any third party. You agree to keep all records
necessary to establish that your Content does not violate any of the foregoing representations
and warranties and to make such records available upon the request of EListMania all
without the violation of any other person's intellectual property or other rights
or of any laws or regulations. You acknowledge that the Site does not have any "digital
rights management" or other security technology features to restrict someone who
receives Content from copying and redistributing it.
- To post Content on the Site, you must first complete the Site registration process
to create an account with a user name and password (the "Account"). You agree to
provide accurate current and complete information during the registration process,
when contributing Content or when otherwise using the Site. You also agree that
you will review, maintain, correct and update such information in a timely manner
to maintain its accuracy and completeness. You agree to safeguard your user name
and password, and you authorize us to accept any use of the Site through your Account
as being used by you or someone authorized to act for you. You agree to be liable
for any Content posted using your Account and for any transactions associated with
your Account. You agree that we can rely upon the contact and other information
that is supplied to us using your Account and that we will rely upon such information.
You agree and acknowledge that your Account is non-transferable and non-assignable.
- You retain ownership of your copyrights and other intellectual property and proprietary
rights in any Content you post to the Site, subject to the non-exclusive rights
that you grant to us as described in these Terms. These Terms do not prevent you
from granting similar rights to others.
- You hereby grant EListMania a worldwide, royalty-free, freely transferable, freely sub
licensable (through unlimited levels of sublicense), non-exclusive license to use,
reproduce, modify, transmit, distribute, publicly perform and display (including
in each case by means of a digital audio transmission), and create derivative works
of the Content, in any form, media, or technology now known or later developed.
You also hereby waive any moral rights you may have in such Content under the laws
of any jurisdiction. You hereby appoint us as your agent with full power to enter
into and execute any document and/or do any act we may consider appropriate to confirm
the grant of rights, consents, agreements, assignments and waivers set forth in
these Terms. You agree that we may (but are not obligated to) display your Content,
and your username or your actual name (according to the preferences you select at
the time that you register) along with your Content.
- You agree not to post to the Site any Content or any other materials whatsoever
that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another
person's privacy or protected data, hateful, or racially, ethnically or otherwise
objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual
property rights, including any patent, trademark, trade secret, copyright, right
of publicity, or other proprietary rights of any party, including, without limitation,
any Content that is the subject of any third party claim of infringement; (c) of
a type that you do not have a right to transmit under any law or under contractual
or fiduciary relationships, such as inside information and proprietary and confidential
information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software
viruses or any other computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
equipment; (f) data or information obtained through access that was not authorized
by the owner of the data or information, or with respect to which such posting would
constitute unauthorized use; or (g) in violation of any applicable local, state,
national or international law, regulation, or statute (including export laws).
- You agree not to do, or attempt to do, any of the following, subject to applicable
law: (a) access or use the Site or any service on the Site in any way that violates
or is not in full compliance with any applicable local, state, national or international
law, regulation, or statute (including export laws), contracts, intellectual property
rights or constitutes the commission of a tort, or for any purpose that is harmful
or unintended (by us), or other than in full compliance with these Terms; (b) access,
tamper with, or use services or areas of the Site that you are not authorized to
access; (c) alter information on or obtained from the Site; (d) tamper with postings,
registration information, profiles, submissions or Content of other users; (e) use
any robot, spider, scraper or other automated means or interface not provided by
us to access the Site or extract data or gather or use information, such as email
addresses, available from the Site or transmit any unsolicited advertising, "junk
mail," "spam," or "chain letters"; (f) frame any part of the Site, or link to the
Site, or otherwise make it look like you have a relationship to us or that we have
endorsed you or your Content for any purpose except as expressly permitted in writing
by EListMania; (g) impersonate or misrepresent your affiliation with any person or entity;
(h) reverse engineer any aspect of the Site or do anything that might discover source
code, or bypass or circumvent measures employed to prevent or limit access to any
area, content or code of the Site (except as otherwise expressly permitted by law);
(i) send to or otherwise impact us or the Site (or anything or anyone else) with
harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware"
or other code that could adversely impact the Site or any recipient; or (j) take
any action which might impose a significant burden (as determined by us) on the
Site's infrastructure or computer systems, or otherwise interfere with the ordinary
operation of the Site.
- Our Site is protected by intellectual property laws and you agree to respect them.
EListMania grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive
license, under the rights EListMania has in the Content, to privately display the Content
on your computer for your own personal, noncommercial purposes, and to print a reasonable
number of copies of the Content as needed for that use. EListMania reserves all other
rights in the Content, on its own behalf and the behalf of its licensors (including
contributors), and EListMania does not, directly or by implication, by estoppel or otherwise,
grant any other rights or licenses to you under these Terms. Except as expressly
stated in this paragraph, you may not reproduce, distribute, modify, publicly perform
or display, or prepare derivative works of any Content without prior written consent
from EListMania or the contributor of the Content or other third-party owner of the
rights in that Content (if any). You agree not to reverse engineer any Content consisting
of downloadable software, unless specifically authorized by EListMania or the third-party
owner of the rights in that Content (if any) or otherwise permitted by law.
- Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into
these Terms. We reserve the right to contact you in connection with our or your
compliance with and performance of these Terms (including without limitation the
license rights granted hereunder) or any Content or activities relating to the Site.
- You agree that we may, at any time and at our sole discretion, with or without cause
or any notice to you, terminate these Terms, your access to the Site, and/or your
Account, or suspend or block your access to the Site. If applicable law requires
us to provide notice of termination or cancellation, we may give prior or subsequent
notice by posting it on the Site or by sending a communication to any address (email
or otherwise) that we have for you in our records. You will still be liable for
any breaches of these Terms and/or obligations incurred before the Terms end. If
you use the Site after termination of these Terms, that use will constitute your
agreement to the Terms then posted on the Site.
- If your Account or access to the Site is terminated for any or no reason, you may
no longer have access to the Content you posted on the Site. In such event, EListMania
may continue to exploit electronic or printed materials it has created, or developed
specific plans to create, that contain such Content with respect to removal or modification
of Content previously posted on the Site.
