Last updated: September 6, 2016
We respect your right to privacy. All personal information that we may collect via the Website is subject to our Privacy Statement, which is accessible at: http://www.elliemaestudios.com/pages/privacy-statement.
PURCHASE OF PRODUCTS
USE OF THE WEBSITE
The Website is only intended for access and use by users located within Canada and the United States.
The license does not permit any republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use of the Website or any part of the Website by you without the express written consent of Ellie Mae.
For greater certainty, this license does not include: any resale of the Website or its contents; any collection of price listings, descriptions of prices; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including but not limited to, images, text, page layout or form of Ellie Mae or its affiliates without the express written consent of Ellie Mae.
You may not use any meta tags or any other "hidden text" utilizing Ellie Mae’s name or trademarks without the express written consent of Ellie Mae.
Any unauthorized use of the Website and its content immediately terminates the license granted by Ellie Mae hereunder.
To the extent that the Website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
- is unlawful;
- includes personal or identifying information about another person without that person’s explicit consent;
- impersonates any person or entity, including, but not limited to, an Ellie Mae employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- is harmful, threatening, abusive, harassing, defamatory, pornographic;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupts the normal use of the Website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use the Website; or
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.
YOUR WEBSITE ACCOUNT
Certain sections of our Website may only be available to you upon registration for a Website account.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current and complete.
You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our Website.
You acknowledge that you are solely responsible for maintaining the confidentiality of your Website account password, for ensuring that you log-out of your Website account when you are not using the Website, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your Website account or access to your Website account. You agree to immediately notify us of any unauthorized use of your account.
MINORS AND CHILDREN
The Website is directed for use by adults. Those under the age of majority should not use the Website. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf and you should not use the Website on your own or provide any personal information to Ellie Mae. Ellie Mae does not knowingly collect information from minors. Ellie Mae and its affiliates reserve the right to refuse service, terminate accounts or cancel orders at their sole discretion.
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to Ellie Mae is legal and does not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Material to Ellie Mae, you automatically grant Ellie Mae a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create compilations and derivative work from, distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or offer to Ellie Mae.
All content on the Website, including but not limited to works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Ellie Mae or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Ellie Mae or its content suppliers, as the case may be.
Ellie Mae and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Ellie Mae and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of the Content expressly authorized in writing by Ellie Mae or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws. Nothing in the Website is to be interpreted as conferring a right to use the Content or the material protected by the Copyright Act or equivalent foreign laws.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Website.
Ellie Mae is a registered trademark in Canada, the United States of America and elsewhere around the world. All rights are reserved. These and any other trademark, service mark and trade dress of Ellie Mae, including, but not limited to, any mark that incorporates the word "Ellie Mae" or the domain name "elliemaestudios.com", may not be used by you in any manner for any purpose without the prior express written consent of Ellie Mae.
All other trademarks, service marks and trade dress not owned by Ellie Mae that appear on the Website are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by Ellie Mae.
Ellie Mae and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Website in any manner for any purpose without the prior express written consent of Ellie Mae or the respective Third Party Owner, as the case may be.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Ellie Mae immediately.
Ellie Mae’s copyright agent for notice of claims of copyright infringement can be reached at email@example.com or by mail at 263 Adelaide Street West, Toronto, ON M5H 1Y2.
Ellie Mae investigates notices of alleged infringement and takes appropriate actions under applicable law.
LINKS TO THIRD PARTY WEBSITES
Ellie Mae provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, Ellie Mae does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND BY ELLIE MAE, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ELLIE MAE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE WEBSITE
Please contact Ellie Mae by e-mail at firstname.lastname@example.org if you are interested in linking a website to the Website. You must obtain Ellie Mae’s express written consent prior to linking any website to the Website.
DISCLAIMERS AND LIMITATION OF LIABILITY
ELLIE MAE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE IS PROVIDED BY ELLIE MAE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELLIE MAE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLIE MAE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ELLIE MAE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM THE WEBSITE OR ELLIE MAE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELLIE MAE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE WEBSITE. YOU UNDERSTAND THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ELLIE MAE. ELLIE MAE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ELLIE MAE BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, ELLIE MAE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF ELLIE MAE.
CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, 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.
For the purposes of this section, "Ellie Mae" shall include Ellie Mae’s affiliates and Ellie Mae’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
GOVERNING LAW AND JURISDICTION
SUCCESSORS AND ASSIGNS
Ellie Mae reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.