1. Using Ellam Community
a. Who can use this Ellam Community
You may use our Products only if you can form a binding contract with Ellam Community, and only in compliance with these Terms and all applicable laws. When you create your Ellam Community account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Ellam Community Products.
2. Acceptable Use
Ellam Community is a place to find things you love and get inspired. To make sure people feel safe and comfortable here, we require everyone to agree to and follow these rules.
If there's a question about whether some content is appropriate for our community, we'll err on the side of taking it down. Inappropriate and objectionable content will not be tolerated.
Stuff you can't post:
You aren't allowed to post anything that
- Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services.
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm.
- Promotes self-harm, eating disorders or hard drug abuse.
- Attacks, bullies or harasses nonpublic people.
- Includes hate speech.
- Is gratuitously violent or gory.
- Infringes anyone's intellectual property, privacy or other rights.
- Is fraudulent or deceptive.
- Is someone else's personal information or requests a minor's personal information.
- Contains any information or content that’s illegal.
3. Your Content
a. Posting content
Ellam Community allows you to post content, including photos, videos, events, pages, blogs, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Ellam Community.
More simply put:
If you post your content on Ellam Community, it still belongs to you but we can show it to people and others can share it.
b. How Ellam Community and other users can use your content
You grant Ellam Community and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on Ellam Community solely for the purposes of operating, developing, providing, and using the Ellam Community Products. Nothing in these Terms shall restrict other legal rights Ellam Community may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
More simply put:
Copies of content shared with others may remain even after you delete the content from your account.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Ellam Community, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Ellam Community and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Ellam Community.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Ellam Community more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Ellam Community does not waive any rights to use similar or related Feedback previously known to Ellam Community, or developed by its employees, or obtained from sources other than you.
More simply put:
Also, don't post porn or spam or be a jerk to other members. Oh, and we can actually use your suggestions to make Ellam Community better.
4. Copyright Policy
Ellam Community has adopted and implemented a Copyright Policy in accordance with the Digital Millennium Copyright Act. More simply put, we respect copyrights. You should, too.
We care about the security of our users. While we work to protect the security of your content and account, Ellam Community cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Ellam Community. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Ellam Community, you do so at your own risk and you agree that Ellam Community will have no liability arising from your use of or access to any third-party website, service, or content.
Ellam Community may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 3 and 7-11 of these Terms.
You agree to indemnify and hold harmless Ellam Community and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
ELLAM COMMUNITY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Ellam Community takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELLAM COMMUNITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ELLAM COMMUNITY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
11. General Terms
Notification Procedures and changes to these Terms. Ellam Community reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
More simply put:
If we're making a big change to the terms, we'll let you know.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ellam Community without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ellam Community's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.