Elemental Site Terms
Last Updated: May 5th, 2016
When you visit the Elemental Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Elemental Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Elemental Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Elemental or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Elemental Site is the exclusive property of Elemental and protected by U.S. and international copyright laws. All software used on the Elemental Site is the property of Elemental, its affiliates, or its software suppliers and is protected by United States and international copyright laws.
“ELEMENTAL”, “MEDIA MULTIPLIED”, “BADABOOM”, and other Elemental graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Elemental in the U.S. and/or other countries. Elemental’s trademarks and trade dress may not be used in connection with any product or service that is not Elemental’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elemental. All other trademarks not owned by Elemental that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Elemental.
One or more patents owned by Elemental or its affiliates may apply to the Elemental Site and to the features and services accessible via the Elemental Site. Portions of the Elemental Site may operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Elemental patents and applicable licensed patents.
LICENSE AND SITE ACCESS
Elemental grants you a limited license to access and make personal use of the Elemental Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Elemental. This license does not include any resale or commercial use of the Elemental Site or its contents; any derivative use of the Elemental Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Elemental in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Elemental Site is subject to these Site Terms or, if applicable, any Other Agreements.
The Elemental Site or any portion of the Elemental Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elemental. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Elemental without express written consent. You may not use any meta tags or any other “hidden text” utilizing Elemental’s name or trademarks without the express written consent of Elemental. Any unauthorized use terminates the permission or license granted by Elemental. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Elemental Site, so long as the link does not portray Elemental, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Elemental logo or other proprietary graphic or trademark as part of the link without express written permission.
If you have an Elemental account, you are responsible for maintaining the confidentiality of your Elemental account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Elemental reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses machine, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Elemental reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Elemental a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Elemental and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Elemental Site. You acknowledge that (a) Elemental has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Elemental for all claims resulting from content you supply. Elemental has the right but not the obligation to monitor and edit or remove any activity or content. Elemental takes no responsibility and assumes no liability for any content posted by you or any third party.
Elemental respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ELEMENTAL SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ELEMENTAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. ELEMENTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELEMENTAL SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELEMENTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEMENTAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELEMENTAL SITE; ITS SERVERS; OR E-MAIL SENT FROM ELEMENTAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELEMENTAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ELEMENTAL SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELEMENTAL SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Elemental Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Elemental.
Any dispute or claim relating in any way to your use of the Elemental Site, or to any products or services sold or distributed by Elemental will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Site Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Elemental will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on the Elemental Site. These policies also govern your visit to the Elemental Site. We reserve the right to make changes to the Elemental Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Senior Director of Legal Affairs
225 SW Broadway, Suite 400, Portland, OR 97205
+1 (503) 222-3212
With copy to:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Elemental that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
Elemental’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/Amazon Web Services
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
Copyright Agent/Amazon Web Services
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210