Terms And Conditions
ELIHUU, INC., D/B/A/ BRITEHUB
Revised as of April 1, 2014
Company may modify these Terms from time to time and such modified Terms shall be effective upon posting by Company on the Website. You agree to be bound to any changes to these Terms when you use the Company Services after any such modified Terms are posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
As a Member (i.e., a registered User) of the Website, you have the ability to create a Company profile to share information about yourself, your team, and your company on the Website (a "Profile"). Please carefully choose the information you post on the Website and provide to other Users. Your Profile may not include the following items: any information, photographs, videos or other material that contain harassing, sexually explicit or otherwise objectionable subject matter (collectively, “Objectionable Subject Matter”). Company reserves the right to remove any such items that Company deems, in its sole discretion, to contain such Objectionable Subject Matter without prior notice and without liability. Despite this prohibition, information, photographs or videos provided by other Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services (collectively, “User Inappropriate Information”). Company assumes no responsibility or liability for either your Objectionable Subject Matter or any User Inappropriate Information. If you become aware of any User Inappropriate Information or other misuse of the Website and/or the Company Services by any person or User, please contact firstname.lastname@example.org.
Your use of the Company Services is subject to the following specific terms:
Eligibility. Use of and registration for the Company Services is void where prohibited. By using the Company Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the Company Services including your Profile is truthful and accurate; (c) you will maintain the accuracy of all such information; (d) you are 18 years of age or older; and (e) your use of the Company Services does not violate any applicable law or regulation. Your Profile may be deleted and your User registration may be terminated without warning, if we believe that you are under 18 years of age.
Term. These Terms shall remain in full force and effect at any time while you access the website, including without limitation, when you use the Company Services and/or are a registered User. You may terminate your registration at any time and for any reason. Company may terminate your User registration at any time and for any reason, without warning and without liability whatsoever. Even after User registration is terminated, these Terms will remain in effect.
Fees. You acknowledge that Company reserves the right to charge fees for the use of the Company Services and to change its fees from time to time in its sole discretion. If Company terminates your User registration because you have breached these Terms or any agreement entered into between or among you, Company and any third party in connection with using the Company Services, you shall not be entitled to the refund of any unused portion of such fees or any other damages, including without limitation, direct, indirect, special, consequential, punitive damages and damages for lost or damaged data, lost opportunities, lost sales, lost revenues and/or lost profits.
Password. When you sign up to become a registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the User account or password of another Member at any time or to disclose your password to any third party. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Other Uses by Registered Users. The Company Services are for the use of registered Users specifically in connection with the purposes of the Website and may not be used in connection with any other private or commercial endeavors. Illegal and/or unauthorized use of the Company Services, including without limitation, collecting User names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of User registration. Appropriate legal action will be taken for any illegal or unauthorized use of the Company Services.
Content Posted on Website/with Company Services.
a. Ownership of Content. Except as described in these Terms, when you upload, display or publish (collectively, "Post") on the Website text, information, files, images, designs, photos, videos, sounds, musical works, works of authorship, private messages or any other materials, including comments to any of the above (collectively, "Content"), we do not claim ownership rights in such Content. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose, subject to express restrictions set forth above and also subject to Company’s rights, all as described in these Terms.
b. License to Content. Notwithstanding your ownership in such Content, by Posting any Content on or through the website and/or using the Company Services, you hereby grant to Company (including its sponsors, affiliates and subcontractors) a worldwide (because the Internet and the Company Services are global in reach), non-exclusive, fully-paid and royalty-free (meaning that Company is not required to pay you for the use on or in connection with the Company Services of the Content that you Post), sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, make derivative works of and distribute such Content for purposes of operating the Website, providing the Company Services and implementing the Company’s objectives for maintaining and providing the Website to Users and other third parties. You also grant us a license to consent to permit us to receive from you and/or to transmit by email Content to another User with whom you have previously agreed to disclose such Content through the Website in the event that the Website is temporarily down, your Content is too large, complex or of a medium or construction that is unable to Post to the Website or there is any other problem in uploading your Content to the Website and/or downloading by your proposed User.
c. Your Warranties and Representations Regarding Content. You represent and warrant that: (i) you own the Content Posted by you on the Website and/or through the Company Services, or otherwise have the unrestricted right to grant the licenses to Company set forth above, and (ii) the Posting of your Content on the Website and/or through the Company Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person (collectively, “Fees”) by reason of any Content posted by you on the Website and/or through the Company Services, and you also agree to indemnify Company against any losses, liabilities, claims, demands, damages, fines, fees, expenses, including attorneys’ fees and costs (collectively, “Claims”) incurred by Company for any failure by you to pay for such Fees.
d. Disclaimers re: Content. You are solely responsible for (a) the Content that you Post on the Website and/or through the Company Services, (b) any material or information that you transmit to other Users through any mechanism, and (c) for your interactions with other Users. Company does not endorse and has no control over the Content. Content is not necessarily reviewed by Company prior to Posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users and accepts no responsibility or liability for such Content. Company assumes no responsibility for monitoring the Website or the Company Services for any Content, whether inappropriate or not. If at any time in its sole discretion, Company chooses to monitor any Content, Company nonetheless assumes (i) no responsibility for such Content, (ii) no obligation to modify or remove any such Content, and (iii) no responsibility for the conduct of the User submitting any such Content.
e. Content/Activity Prohibited. The following is a partial list of the types of Content and activities that are illegal or prohibited to undertake and/or to Post on the Website or through the Company Services (collectively "Prohibited Content"). Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the Website and Company Services, terminating the User registration of such violators and taking legal action as described in Section 8 below. Prohibited Content includes, but is not limited to Content or activity that, in the sole discretion of Company:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to any illegal or offensive websites
- solicits personal information against applicable law, and also from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the Company profile or the Company Services;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or anything similar that may exist now or in the future;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes or undertakes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- includes inappropriate or illegal information or activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft, misuse and/or unauthorized disclosure of confidential, proprietary, including trade secrets
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, including without limitation, advertising to, or solicitation of, any User to buy or sell any products or services through the Company Services other than someone authorized by Company. You may not transmit any chain letters or junk email to other Users. It is also a violation of these Terms to use any information obtained from the Company Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such unauthorized advertising or solicitation, Company reserves the right to restrict the number of internal messages that a User may send to other Users in any 24-hour period to a number which Company deems appropriate in its sole discretion. If you breach these Terms and send unsolicited bulk email, messages or other unsolicited communications of any kind through the Company Services, you acknowledge that you will have caused substantial harm to Company, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Company $100 for each such unsolicited email or other unsolicited communication you send through the Company Services;
- displays an advertisement on your Profile, or accepts payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Company Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose not contemplated by the Website;
- covers or obscures the banner advertisements on your personal profile page, or any Company page by means of HTML/CSS or by any other means;
- attempts to impersonate another User or person;
- uses the account, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- includes a photograph of another person that you have posted without that person's consent;
- uses any automated use of the system, such as using scripts to add friends or send comments or messages;
- interferes with, disrupting, or creating an undue burden on the Company Services or the networks or services connected to the Company Services;
- uses any information obtained from the Company Services in order to harass, abuse, or harm another person;
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to your Profile;
- impersonates someone other than the author; or
- uses the Website and/or the Company Services in a manner inconsistent with any and all applicable laws and regulations.
Company reserves the right, in its sole discretion, to reject, to refuse to Post or to remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Company Services at any time, for any or no reason, with or without prior notice, and without liability.
Company Content; Website Management. The Company Services contain content of Company and its Company licensors, including without limitation, Users, Company’s sponsors and affiliates (collectively, "Company Content"). Company Content is or may be protected by copyright, trademark, patent, trade secret and other laws, and Company or its licensors owns or has the right to use and retains all of its owned or granted rights in and to the Company Content and to all Company Services. In addition, the Website uses services and products protected by various U.S. Patents and patents pending. Company hereby grants you a personal, nonexclusive, nontransferrable, revocable and limited license to reproduce and display the Company Content visible to you as a User (this specifically excludes any Company confidential and/or proprietary information and trade secrets, including without limitation Company’s (or its licensors’) software source code) solely and exclusively for your personal, commercial use in connection with viewing the Website and using the Company Services provided that you fully comply with these Terms. Nothing contained in the Website or Company Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website or Company Services without the express, written consent of Company. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Company Content appearing on or through the Company Services.
Company’s Confidentiality Obligations. In accepting Content from you, Company agrees to hold in confidence and to not disclose to any other person, without your prior written consent or unless such Content is not considered confidential (as described below), any Content that you have clearly marked “Confidential” (for purposes of this Section 8, such Content is hereinafter referred to as “Confidential Information.”) Notwithstanding the above, you consent to permitting Company to transmit your Content that is Confidential Information, through this Website or through email, as described above in Section 6(b), to another User with whom you have previously agreed to disclose such Confidential Information. Excepted from the definition of “Confidential Information” is any information that (i) is or becomes a matter of public knowledge through no fault of Company; or (ii) was rightfully in Company’s possession prior to receipt from you free of any obligation of confidence; or (iii) was rightfully disclosed to Company by another person without restriction as to use or disclosure; or (iv) is independently developed by Company without use of or reference to your Confidential Information If you require a separate nondisclosure agreement to be entered into between you and Company, please contact us at info@ELIHUU.com and we will be happy to execute a nondisclosure agreement covering the provisions set forth above.
Right to Take Legal Action. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates these Terms, including without limitation, reporting you to law enforcement authorities.
Copyright Policy. You may not Post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of Company to terminate the User registration of any User who infringes the copyright rights of others upon receipt of notification to Company by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and Posted on the Company Services in a way that constitutes copyright infringement, please provide us with the following information to email@example.com: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Company Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
User Disputes. You are solely responsible for your interactions with other Company Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers. Company is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Company Services, whether caused by Users of the Company Services or by any of the hardware, software or functionality associated with or utilized in the Company Services. Profiles created and posted by Users on the Website may contain links to other websites. Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website on the Company Services does not imply approval or endorsement of the linked website by Company. When you access these third-party sites, you do so at your own risk. Company takes no responsibility for third party advertisements which are posted on this Website or through the Company Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. Company is not responsible for the conduct, whether online or offline, of any User of the Company Services. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Company Services. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Company Services, attendance or participation in a Company event or promotion, from any Content posted on or through the Website and/or the Company Services, or from the conduct of any Users of the Website and/or he Company Services, whether online or offline. THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COMPANY DOES NOT WARRANT THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Company cannot guarantee and does not promise any specific results from use of the Company Services.
Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE COMPANY SERVICES OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST OR DAMAGED DATA, LOST OPPORTUNITIES, LOST SALES, LOST REVENUES AND LOST PROFITS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE USE OF THE WEBSITE AND THE COMPANY SERVICES.
Disputes. If there is any dispute about or involving the Company Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State and Federal courts of the United States located in Denver, Colorado.
Indemnity. You agree to indemnify and hold Company, its subsidiaries, affiliates and licensors, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any Claims made by any third party due to or arising out of your access, browsing or use of the Website and/or the Company Services in violation of these Terms and/or if any Content that you Post on the Website or through the Company Services causes Company to be sued by a third party.