Terms - Elite Content Marketer

Terms of Use – EliteContentMarketer.com

By accessing or using EliteContentMarketer.com’s services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The term “Services,” means, collectively, various websites, applications, email notifications, and other mediums, or portions of such mediums, through which you have accessed this Agreement.

BINDING AGREEMENT

These Terms of Use act as a binding agreement (“Agreement) between you and Elite Content Marketer (“us”, “we”, “our”). By accessing this website (the “Site”), you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein.

MINIMUM AGE REQUIREMENTS

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of the majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

We believe in being transparent when it comes to our privacy and information collection practices, so we’ve published a Privacy Policy for your edification.

GOVERNING LAW

These Terms shall be construed in accordance with and governed by the laws of India, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in India, in all disputes arising out of or related to the use of the Site or these Terms of Use.

USER CONTENT

You grant us a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content to the Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Digital Millennium Copyright Act (“DMCA”)

Elite Content Marketer respects the intellectual property rights of others. Per the DMCA, Elite Content Marketer will respond expeditiously to claims of copyright infringement on the Site if submitted to Elite Content Marketer’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Elite Content Marketer will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by Elite Content Marketer or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Elite Content Marketer, can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
Your electronic or physical signature.
Elite Content Marketer may request additional information before removing any allegedly infringing material. In the event Elite Content Marketer removes the allegedly infringing materials, Elite Content Marketer will immediately notify the person responsible for posting such materials that Elite Content Marketer removed or disabled access to the materials. Elite Content Marketer may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Elite Content Marketer designated Copyright Agent is:

Chintan Zalani

Email: chintan [at] elitecontentmarketer.com

NO WARRANTIES

We are making the site available to you “as is” without a warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.

LIMITED LIABILITY

Our liability to you is limited. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or information provided on the site. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

CANCELLATION AND REFUND POLICY

Products or services once purchased are not eligible for a refund since they are digital in nature.

AFFILIATED SITES

We work with a number of partners and affiliates whose websites may be linked to within the Site. Because we do not have control over the content and performance of these partner and affiliate sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES

We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SEVERABILITY; WAIVER

If for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

AMENDMENTS

EliteContentMarketer.com may, in its sole discretion, modify or revise these Terms of Use at any time by updating this web page. You are bound by any such modification or revision and should, therefore, visit this page periodically to review the terms. All references, protections, benefits, and limitations of liability set forth in these Terms of Use and applicable to EliteContentMarketer.com apply equally to EliteContentMarketer.com’s owner.