Please read this Contract thoroughly prior to accessing or utilizing the Site. By accessing or utilizing any part of the website, you accept become bound by the conditions of this agreement. If you do not agree to all the terms of this contract, then you might not access the Website or utilize any services. If these terms and conditions are thought about a deal by Elementalcms, approval is specifically restricted to these terms. The Site is available only to individuals who are at least #NUMBER # years old.
- Your http://www.elementalcms.org Account and Website. If you produce a blog/site on the Website, you are responsible for maintaining the security of your account and blog site, and you are totally accountable for all activities that take place under the account and other actions taken in connection with the blog site. You should not describe or assign keywords to your blog site in a misleading or illegal way, including in a way meant to trade on the name or track record of others, and Elementalcms might alter or eliminate any description or keyword that it considers unsuitable or unlawful, or otherwise most likely to cause Elementalcms liability. You need to instantly notify Elementalcms of any unapproved usages of your blog site, your account or other breaches of security. Elementalcms will not be liable for any acts or omissions by You, consisting of any damages of any kind incurred as an outcome of such acts or omissions.
- Obligation of Factors. If you run a blog site, comment on a blog site, post product to the Site, post links on the Site, or otherwise make (or allow any 3rd party to make) product offered by means of the Site (any such product, ” Content “), You are completely responsible for the material of, and any harm arising from, that Content. That holds true regardless of whether the Material in concern makes up text, graphics, an audio file, or computer system software. By making Content readily available, you represent and require that:
- the downloading, copying and use of the Material will not infringe the proprietary rights, consisting of but not limited to the copyright, patent, hallmark or trade secret rights, of any 3rd party ;
- if your employer has rights to copyright you produce, you have either (i) got authorization from your company to post or provide the Material, consisting of however not limited to any software application, or (ii) secured from your company a waiver as to all rights in or to the Content ;
- you have actually totally abided by any third-party licenses connecting to the Material, and have actually done all things essential to effectively pass through to end users any required terms;
- the Content does not consist of or install any infections, worms, malware, Trojan horses or other hazardous or damaging material ;
- the Material is not spam, is not maker – or randomly-generated, and does not consist of unethical or unwanted industrial material designed to own traffic to 3rd party sites or boost the online search engine rankings of third party websites, or to more unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not adult, does not include dangers or prompt violence to individuals or entities, and does not breach the privacy or publicity rights of any 3rd party ;
- your blog is not getting advertised through undesirable electronic messages such as spam links on newsgroups, email lists, other blog sites and web sites, and similar unsolicited marketing methods ;
- your blog is not named in a manner that deceives your readers into believing that you are another person or business. For example, your blog site’s URL or name is not the name of an individual aside from yourself or business aside from your very own ; and
- you have, in the case of Material that consists of computer system code, properly classified and/or explained the type, nature, utilizes and results of the materials, whether requested to do so by Elementalcms or otherwise.
By submitting Material to Elementalcms for addition on your Website, you approve Elementalcms a global, royalty-free, and non-exclusive license to recreate, modify, adjust and release the Material solely for the function of showing, dispersing and promoting your blog site. If you erase Content, Elementalcms will use sensible efforts to eliminate it from the Site, but you acknowledge that caching or referrals to the Content might not be made immediately unavailable.
Without restricting any of those representations or guarantees, Elementalcms has the right (though not the responsibility ) to, in Elementalcms sole discretion (i) refuse or eliminate any content that, in Elementalcms affordable viewpoint, breaks any Elementalcms policy or remains in any method damaging or objectionable, or (ii) terminate or reject access to and use of the Website to any individual or entity for any reason, in Elementalcms sole discretion. Elementalcms will have no obligation to offer a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a services or product, you accept pay Elementalcms the one-time and/or month-to-month or annual membership fees suggested ( extra payment terms might be consisted of in other communications ). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a regular monthly or annual membership duration as shown. Payments are not refundable.
- Automatic Renewal.
Unless you inform Elementalcms prior to completion of the relevant membership duration that you want to cancel a subscription, your membership will instantly restore and you license us to gather the then-applicable annual or month-to-month membership charge for such membership ( along with any taxes) using any charge card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your demand to Elementalcms in composing.
- General Terms.
- Fees ; Payment. By signing up for a Provider account you agree to pay Elementalcms the appropriate setup costs and recurring costs. Relevant costs will be invoiced beginning with the day your services are established and in advance of using such services. Elementalcms reserves the right to change the payment terms and fees upon thirty (30) days prior composed notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Elementalcms.
- Support. If your service includes access to concern e-mail support. “Email support ” means the ability to make requests for technical support help by e-mail at any time (with affordable efforts by Elementalcms to respond within one service day) worrying the use of the VIP Solutions. ” Top priority ” indicates that support takes priority over assistance for users of the standard or free http://www.elementalcms.org services. All assistance will be provided in accordance with Elementalcms standard services practices, treatments and policies.
- Obligation of Site Visitors. Elementalcms has actually not reviewed, and can not evaluate, all the product, consisting of computer system software application, published to the Website, and can not for that reason be responsible for that product’s material, use or results. By running the Site, Elementalcms does not represent or imply that it endorses the product there published, or that it believes such product to be precise, useful or non-harmful. You are responsible for taking preventative measures as needed to safeguard yourself and your computer systems from viruses, worms, Trojan horses, and other damaging or destructive material. The Website might consist of material that is offensive, indecent, or otherwise objectionable, along with content including technical errors, typographical errors, and other mistakes. The Website may also consist of product that breaks the privacy or promotion rights, or infringes the copyright and other exclusive rights, of 3rd parties, or the downloading, copying or use of which is subject to extra conditions, stated or unstated. Elementalcms disclaims any responsibility for any damage resulting from the use by visitors of the Site, or from any downloading by those visitors of content there published.
- Material Published on Other Websites. We have actually not evaluated, and can not evaluate, all the material, consisting of computer system software application, made available through the sites and webpages to which http://www.elementalcms.org links, and that connect to http://www.elementalcms.org. Elementalcms does not have any control over those non-Elementalcms sites and web pages, and is not responsible for their contents or their use. By linking to a non-Elementalcms website or webpage, Elementalcms does not represent or suggest that it endorses such website or website. You are responsible for taking preventative measures as essential to secure yourself and your computer systems from viruses, worms, Trojan horses, and other hazardous or harmful material. Elementalcms disclaims any obligation for any harm resulting from your use of non-Elementalcms websites and webpages.
- Copyright Violation and DMCA Policy. As Elementalcms asks others to respect its copyright rights, it respects the intellectual property rights of others. If you believe that material situated on or connected to by http://www.elementalcms.org violates your copyright, you are encouraged to notify Elementalcms in accordance with Elementalcms Digital Millennium Copyright Act (“DMCA”) Policy. Elementalcms will respond to all such notifications, including as required or proper by getting rid of the infringing product or disabling all connect to the infringing material. Elementalcms will terminate a visitor’s access to and usage of the Website if, under proper scenarios, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Elementalcms or others. In the case of such termination, Elementalcms will have no commitment to provide a refund of any quantities formerly paid to Elementalcms.
- Copyright. This Arrangement does not transfer from Elementalcms to you any Elementalcms or third party intellectual property, and all right, title and interest in and to such residential or commercial property will remain (as in between the celebrations ) solely with Elementalcms. Elementalcms, http://www.elementalcms.org, the http://www.elementalcms.org logo, and all other trademarks, service marks, graphics and logo designs used in connection with http://www.elementalcms.org, or the Website are trademarks or signed up trademarks of Elementalcms or Elementalcms licensors. Other hallmarks, service marks, graphics and logos utilized in connection with the Site might be the trademarks of other third parties. Your use of the Website grants you no right or license to recreate or otherwise utilize any Elementalcms or third-party trademarks.
- Ads. Elementalcms reserves the right to display ads on your blog site unless you have actually acquired an ad-free account.
- Attribution. Elementalcms reserves the right to display attribution links such as’ Blog site at http://www.elementalcms.org,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme ) from one of our partners, you consent to that partner’s terms of service. You can opt out of their regards to service at any time by de-activating the partner product.
- Domain Names. If you are signing up a domain, utilizing or transferring a formerly registered domain name, you acknowledge and concur that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Elementalcms reserves the right, at its sole discretion, to modify or replace any part of this Contract. It is your responsibility to inspect this Arrangement occasionally for changes. Your continued usage of or access to the Website following the publishing of any modifications to this Arrangement constitutes acceptance of those changes. Elementalcms might also, in the future, provide brand-new services and/or features through the Website ( consisting of, the release of new tools and resources). Such brand-new features and/or services will undergo the terms and conditions of this Agreement.
- Termination. Elementalcms may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective instantly. If you wish to terminate this Arrangement or your http://www.elementalcms.org account (if you have one), you may simply stop using the Website. Notwithstanding the foregoing, if you have actually a paid services account, such account can only be terminated by Elementalcms if you materially breach this Arrangement and fail to treat such breach within thirty (30) days from Elementalcms notice to you thereof; provided that, Elementalcms can end the Website instantly as part of a basic shut down of our service. All arrangements of this Agreement which by their nature ought to endure termination will survive termination, including, without constraint, ownership provisions, guarantee disclaimers, indemnity and constraints of liability.
- Disclaimer of Service warranties. The Site is offered “as is”. Elementalcms and its providers and licensors hereby disclaim all guarantees of any kind, reveal or indicated, including, without limitation, the service warranties of merchantability, physical fitness for a specific function and non-infringement. Neither Elementalcms nor its providers and licensors, makes any service warranty that the Site will be mistake complimentary or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain material or services through, the Website at your own discretion and threat.
- Restriction of Liability. In no occasion will Elementalcms, or its suppliers or licensors, be liable with regard to any subject of this arrangement under any agreement, neglect, stringent liability or other legal or equitable theory for: (i) any unique, incidental or substantial damages; (ii) the expense of procurement for alternative service or products ; (iii) for disruption of use or loss or corruption of information ; or (iv) for any amounts that surpass the fees paid by you to Elementalcms under this agreement throughout the twelve (12) month duration prior to the cause of action. Elementalcms shall have no liability for any failure or hold-up due to matters beyond their sensible control. The foregoing shall not apply to the degree restricted by suitable law.
- Indemnification. You consent to indemnify and hold safe Elementalcms, its professionals, and its licensors, and their particular directors, officers, staff members and representatives from and against any and all claims and expenditures, consisting of lawyers’ fees, developing from your use of the Site, consisting of but not restricted to your violation of this Arrangement.
- Miscellaneous. This Contract makes up the entire agreement in between Elementalcms and you concerning the subject hereof, and they might only be modified by a composed modification signed by an authorized executive of Elementalcms, or by the publishing by Elementalcms of a modified version. Except to the degree relevant law, if any, supplies otherwise, this Agreement, any access to or use of the Website will be governed by the laws of thEFrance, omitting its conflict of law provisions, and the appropriate place for any conflicts occurring from or associating with any of the same will be the state and federal courts found in France. Other than for claims for injunctive or equitable relief or claims relating to copyright rights (which may be brought in any competent court without the publishing of a bond), any disagreement arising under this Arrangement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by 3 arbitrators appointed in accordance with such Rules. The arbitration shall happen in France, in the English language and the arbitral choice may be implemented in any court. The prevailing party in any action or continuing to impose this Arrangement shall be entitled to expenses and lawyers’ costs. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the celebrations’ initial intent, and the staying portions will stay completely force and effect. A waiver by either party of any term or condition of this Contract or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You might appoint your rights under this Arrangement to any party that grant, and agrees to be bound by, its terms and conditions ; Elementalcms may assign its rights under this Arrangement without condition. This Agreement will be binding upon and will inure to the advantage of the celebrations, their followers and permitted assigns.