Updated on January 18, 2020
These user terms and conditions (hereinafter referred to as the “User Terms”) apply to any use of Ellivent’s website or tools (hereinafter referred to as the “Website”), including – but not limited to – ellivent.com
The Website is supplied by Ellivent, Inc. (“Ellivent”). In these User Terms, the words “we”, “us” and “ours” refer to Ellivent.
These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. Registration as a user requires your express acceptance of these User Terms. By accessing or using the Website, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further.
1.1 Ellivent grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain access and use of the Website, you must create a profile and register as a user (hereinafter referred to as “Registered User”).
1.2 You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you must connect a social media account or create a username with a password. Your login and password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password or login is or may have been compromised, you are obligated to inform us hereof. We can and will change your password if there is a risk that the password has been compromised or is used in violation of the User Terms.
1.4 During the registration process, you must either connect a social media account or choose a username. Your username may be shown on the Website whenever you write or comment on reviews should you choose to post them publicly (not anonymous) or produce user-generated content (see 2.1 below) on the Website. Your username must not (i) be offensive or in other ways insulting, (ii) contain the terms “Guest”, “Admin”, “*.dk”, “*.com”, etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You represent and warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at firstname.lastname@example.org.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated content (see 2.1) you have made on the Website.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1).
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the “User-Generated Content” or “UGC”) which you create on the Website as a Registered User. We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 You are solely responsible and legally liable for the UGC you publish on the Website.
2.3 You represent and warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
2.4 UGC must relate to a company or organization from which you have purchased or can otherwise document using the company’s or organization’s products or services.
2.5 You may not publish UGC regarding companies to which you have personal or professional relations.
2.6 You must not, and must not allow any third party to, publish UGC on the website which:
2.7 You represent and warrant in every context that the UGC is lawful and in compliance with the User Terms. If Ellivent receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we – dependent on the character of the violation – may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation.
2.8 You hereby grant us the right to initiate and take any legal actions which we deem necessary in case of infringement of your UGC.
You must indemnify and hold us harmless for any claims which may be made against us as a consequence of the your violation of the User Terms or current legislation or loss due to third party claims against us resulting from your UGC.
2.9 We may at any time request information about your UGC from you including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website (“Feedback”), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation or other use of the Website or part hereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts thereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website are or will be our property or the property of a third party and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
5.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ELLIVENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, ELLIVENT may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC’s compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason or no reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9.1 The User Terms and the relationship between you and Ellivent are governed by the laws of the State of California, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in California, and the parties hereby consent to the jurisdiction of such courts.
10.1 It is Ellivent’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Ellivent has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). This policy is available at https://ellivent.com/legal/copyright-dispute-policy and contains instructions for contacting Ellivent’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”).
11.1 The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
12.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Ellivent concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
12.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
13.1 You may contact Ellivent via email at email@example.com.
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