Registration Agreement
This is an agreement between The owner of Elena and operator of Elena and Elena Client and Content (collectively, including all content available through the Elena Client and Content ), and you ("you" or "You"), a user of the Service.
If you do not agree to any of these terms, you may not use the Service.
These Terms Elena of Service apply to all users of Elena service. Status information provided by Elena may contain links to third party websites that are not owned or controlled by Elena. Elena has no control over and assumes no responsibility for the content, privacy policies or practices of third-party websites. Furthermore, Elena will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Elena shall not be liable for any damages, claims or other liabilities arising out of or in connection with your use of any third party website.
A. Subject to your compliance with these Terms of Service, Elena grants you permission to use the Service provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use ; (ii) you will not duplicate, transfer, access, copy or distribute any part of the Service in any medium without the prior written authorization of Elena; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will comply with the terms and conditions of these Terms of Service.
B. In order to access and use the features of the Service, you acknowledge and agree that you will be required to provide Elena with your telephone number, as well as the telephone numbers of any third parties with whom you wish to use the Service. When providing your telephone number, you must provide accurate and complete information. You hereby give your express consent for Elena to use the phone numbers you provide to provide access to and use of the Service. You may never use someone else's phone number without their permission. You are solely responsible for the status message displayed for your phone number. You must notify Elena immediately of any breach of security or unauthorized use of your phone. Although Elena is not responsible for your losses caused by any unauthorized use of your account, you may be liable for Elena or other losses due to such unauthorized use.
You are responsible for your use of the Services and any content you provide, including compliance with applicable laws, rules and regulations. You should only provide content that you are willing to share with others. ANY USE OF OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED THROUGH OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted through the Services, nor do we endorse any opinions expressed through the Services. You understand that by using the Services, you may be exposed to content that may be offensive, harmful, inaccurate or otherwise inappropriate or, in some cases, to mislabeled or otherwise deceptive postings. All content is the sole responsibility of the original creator. We may not monitor or control Content posted through the Services, and we cannot be responsible for such Content. We reserve the right to remove content that violates the User Agreement, including copyright or trademark infringement, impersonation, illegal conduct, or harassment.
The design of the Elena service together with all text, scripts, graphics (including stickers), interactive features and the like available in connection with the Elena service (collectively "Elena client and content"), except for all user status submissions (such as as defined below) and the trademarks, service marks and logos contained therein ("Marks"), are owned or licensed by Elena, subject to copyright and other intellectual property rights under United States and foreign laws and international convention. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the Elena Client and the Content for personal and non-commercial purposes only. The Service, including the Elena Client and the Content, is provided to you as is for your information and personal non-commercial use only. Elena reserves all rights not expressly granted in the Service and Elena client and content. You agree not to engage in the use, copying, distribution or other exploitation of any Elena Client and Content other than as expressly permitted herein, including any use, copying or distribution of third party User Status Submissions obtained through the Service for any commercial purposes. You further agree that you will not use Elena in a manner that would infringe or violate the rights of any third party and that we shall not be liable in any way for any such use by you.
A. The Elena Service permits the submission of status text and other communications submitted by you and other users ("User Status Submissions") and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, Elena does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because Elena is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Elena, and Elena makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Elena to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Elena, you hereby grant Elena a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Elena Service and Elena's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Elena Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Elena Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Sugar Talk Service.
C. In connection with User Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Elena all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Elena or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Elena does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Elena expressly disclaims any and all liability in connection with User Status Submissions. Elena does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Elena will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Elena reserves the right to remove Content and User Status Submissions without prior notice. Elena may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Elena employees, agents, subagents, superagents or superheros. Elena also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Elena may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Elena Service you will be exposed to User Status Submissions from a variety of sources, and that Elena is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Elena. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Elena with respect thereto, and agree to indemnify and hold Elena, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Elena permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Elena reserves the right to discontinue any aspect of the Elena Service at any time.
Customer acknowledges that the Product is experimental in nature and therefore, the Product is provided to Customer "AS IS" without warranty of any kind. Customer agrees to back up any data prior to using or accessing the Product or the Elena Site. Except as expressly provided herein, Elena, its licensors and Sugar Talk Affiliates shall not be responsible for any costs, expenses or other liabilities incurred by anyone as a result of the Product, Elena Site or Customer's use of or access to the Product or Elena Site.
YOU AGREE THAT YOUR USE OF Elena'S LIVE CHAT SERVICE WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elena, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND ITS USE. Elena MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE AND ASSUMES NO RESPONSIBILITY FOR ANY (I) CONTENT ERRORS, ERRORS OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE , OF ANY NATURE, RESULTING FROM YOUR ACCESS AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR THROUGH OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHERS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF THIRD PARTIES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH Elena'S LIVE CHAT SERVICE. Elena DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Elena SERVICE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Elena SHALL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND USE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
IN NO EVENT SHALL Elena, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Elena CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Elena SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.
from its facilities in the United States of America. Elena makes no representations that the Elena Service is appropriate or available for use in other locations. Those who access Elena or use the Sugar Talk Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Elena, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Elena Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Elena Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elena without restriction.
You agree that: (i) the Elena Service shall be deemed solely based in Delaware; (ii) the Elena Service shall be deemed a passive server that does not give rise to personal jurisdiction over Elena, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Elena that arises in whole or in part from the Elena Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. Privacy and any other legal notices published by Elena, shall constitute the entire agreement between you and Elena concerning the Elena Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Elena's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Elena reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the Elena Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Elena AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Elena SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Elena respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Elena of your infringement claim in accordance with the procedure set forth below.
Elena will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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 Elena Service, with enough detail that we may find it on the Elena Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf .
If you believe that your removed content (or to which access has been disabled) is not infringing, or that you are authorized by the copyright owner, the copyright owner's agent, or the law, to do upload and use the content in your content, you may submit a written counter-notification containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that was removed or to which access was disabled and the location in which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in the Northern District of California, and a statement that you will accept service of process from the person who provided notice of the alleged violation.
If a counter-notice is received by the Copyright Agent, Elena will send a copy of the counter-notice to the original complaining party, informing that person that they can either replace the removed content or stop disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, removed content may be replaced or access to it restored within 10-14 business days or more after receipt of notice. counter-notification, in our sole discretion.