The following terms and conditions govern all use of the Elebase.io website which is a product of Old Town Creative Communications, LLC (hereinafter referred to as Old Town Creative) and all content, functionality, features and products available at or through the website and through its Application Programming Interface (API) (taken together, our "Services").
Use of the Elebase API to create a website, app or other form of interaction or presentation will be hereinafter referred to as an "Expression" in this agreement.
The Company, Organization, Individual or Entity which is using Elebase shall be collectively referred to as "you" in this agreement.
"Content" refers to any textual, media, geospatial, document or other form of information that is created, uploaded and/or stored by the Services by you or any other parties that you authorize or make the Services accessible to.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access or use any of our services. If these terms and conditions are considered an offer by Old Town Creative, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires an Elebase account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your Elebase Account.
If you create a website, app or other Expression using content provided through an Elebase account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account and the Expressions of the content you create. You must immediately notify Old Town Creative of any unauthorized uses of your account, or any other breaches of security. Old Town Creative will not be liable for any acts or omissions by your account, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
You are entirely responsible for the Content within, and any harm resulting from, the Content created and posted to your Elebase account. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, documents or geographic information. By using Elebase, you represent and warrant that your Content and conduct do not violate the legal statutes of the location where you conduct business or reside. Old Town Creative has the right (though not the obligation), in Old Town Creative’s sole discretion, to (i) refuse or remove any content that, in Old Town Creative’s reasonable opinion, is in any way harmful or found to be illegal, or (ii) terminate or deny access to and use of Elebase to any individual or entity for any reason.
Responsibility of Users.
Old Town Creative has not reviewed, and cannot review, all of the material, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Old Town Creative does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may be used by others to store and maintain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also be used by others to upload and distribute material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Old Town Creative disclaims any responsibility for any harm resulting from use by visitors of our Services, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy.
As Old Town Creative asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Elebase violates your copyright, you are encouraged to first notify the owner of the website or the Expression that is publishing the content you believe to be infringing on your intellectual property rights.
Old Town Creative will respond to claims of copyright infringement in accordance with Old Town Creative’s Digital Millennium Copyright Act ("DMCA") Policy. Old Town Creative will respond to all such notices, including as required or appropriate by disabling the infringing material. Old Town Creative will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Old Town Creative or others. In the case of such termination, Old Town Creative will have no obligation to provide a refund of any amounts previously paid to Old Town Creative. Old Town Creative disclaims any responsibility for any harm resulting from the removal of allegedly copyrighted material.
This Agreement does not transfer to you from Old Town Creative any Old Town Creative or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Old Town Creative. Old Town Creative + Interactive, Elebase, the Elebase logo, the Old Town Creative + Interactive logo and all other trademarks, service marks, graphics and logos used in connection with Elebase or our Services, are trademarks or registered trademarks of Old Town Creative or Old Town Creative’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Old Town Creative or third-party trademarks.
The copyright of any content or material uploaded to the Services shall remain with the Copyright owner of such content. The act of uploading content or material via the Services shall not be construed as a transfer of copyright by any party to another.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Elebase Subscription Levels and Subscription Add-Ons.
An Elebase Subscription Level for each Project is required to use the Services after the end of any no cost trial period that has been provided. A Subscription period may be purchased in 30 or 365 day increments and will be billed in advance of the Subscription Period. Each Subscription Level may have specific limits on usage including, but not limited to, the number of allowed Users, Data Objects, Data Transfer, Storage and API Calls. Every 30 days, any usage that exceeds the limits that exist for the selected Subscription Level of a Project shall be billed as Overages and shall be charged in the increments outlined as Monthly Add-Ons within the Elebase Price List.
If you wish to terminate this Agreement or your Elebase account(s), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The term of this Agreement shall depend on the Subscription period selected when you create a new Project. The term will be automatically renewed for that same period (ie 30 days or 365 days) as long as you continue to use the Services and continue to pay the Subscription Level amounts you have selected and any Overages charges that may be incidentally incurred.
Disclaimer of Warranties.
Our Services are provided "as is." Old Town Creative and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Old Town Creative nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability.
In no event will Old Town Creative, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Old Town Creative under this agreement during the twelve (12) month period prior to the cause of action. Old Town Creative shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Old Town Creative reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Old Town Creative, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Old Town Creative and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Old Town Creative, or by the posting by Old Town Creative of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Flathead County, Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Old Town Creative may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service Agreement has been modified from a document created under the Creative Commons ShareAlike license.