Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

Visitors to Elovee, Inc. website, available at  www.elovee.com, (“Website”) or Elovee, Inc. ’s online application, Elovee, (“Elovee”) are bound by the following Terms of Use (“Terms”), including any correspondence by email between us and you that is initiated via the Website or Elovee, so please read these carefully before proceeding.

These Terms of Use are a binding agreement between you and Elovee, Inc. and govern your access and use of the Website and/or the Elovee, which includes any information, data, tools, layout, design, code, text, sounds, graphic, animated elements, products, services and other content available on or through the Services or Elovee (the “Services”).

Each time you access, launch, enter or use the Services, your use indicates your full acceptance of and agreement to abide by these Terms of Use (“Terms”) and Elovee, Inc.’s Privacy Policy [NTD: insert hyperlink to Privacy Policy page]. To use Elovee, Inc.’s Services, you must have accepted these Terms. If you do not accept the terms and conditions stated in these Term, you should not use the Services and you agree that your sole and exclusive remedy is to discontinue using the Services.

We reserve the right to modify the Terms or impose new conditions for the use of the Services at any time without notice. If we update our Terms, we will post the updated Terms [here] [NTD: insert hyperlink]. The date of the most recent update is noted at the bottom of this page.

Use

The Services may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Services under applicable laws. If any activity specifically targets a person under the age of eighteen (18) years or a minor as defined under applicable law, the permission of a parent or a guardian will be expressly required.

You agree that you will use the Services responsibly and in compliance with all applicable laws and these Terms. You also represent and warrant that any data, media, audio, video or other content you disseminate, upload or download through the Services does not violate or infringe on the intellectual property rights or other rights of any third party.

You must not use the Services to harm others or the Services. For example, you must not use the Services to harm, threaten or harass another person, organization or Elovee, Inc. You must not: damage, disable, overburden, disrupt or impair the Services (or any network connected to the Services); resell or redistribute the Services or any part of it; use any unauthorized means to modify, reroute or gain access to the Services or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider or periodic caching of information stored by Elovee, Inc.) to access or use the Services. In addition, you promise that you will not and will not encourage or assist any third party to:

(a) remove, obscure or alter any proprietary rights notice pertaining to the Services;

(b) use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate data, such as video, audio, text: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any data that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;

(c) access or attempt to access Elovee, Inc.’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(d) cause, as determined by Elovee, Inc.’s, in its sole discretion, inordinate or unreasonable burden on the Services or Elovee, Inc.’s system resources or capacity. You agree that you will not hack into the Services or employ any robot, spider or other device or process to use the Services for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the Services.

Elovee, Inc. will take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Services, including without limitation, taking legal action, or suspending or terminating your access without notice.

Your Account

You are responsible for any activity that occurs in your account. So, it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using our Services, you agree that, in addition to exercising common sense:

·      You will not create more than one account for yourself.

·      You will not create another account if we have already disabled your account, unless you have our written permission to do so.

·      You will not buy, sell, rent, or lease access to your Elovee, Inc. account without our written permission.

·      You will not share your password.

You will not log in or attempt to access our Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to us at the contact information provided below.

The Services Do Not Provide Medical or Professional Services Advice

The content on this Services is intended to be a general information resource in regard to the subject matter covered and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. Elovee, Inc. is not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not intended to replace medical advice offered by a healthcare professional. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Elovee, Inc.’s publication of this content as an endorsement by Elovee, Inc. of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author or source of the content.

DO NOT USE THE SERVICES AS A SUBSTITUTE FOR SEEKING HEALTH CARE, AND DO NOT DISREGARD OR DELAY SEEKING MEDICAL CARE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE WEBSITE OR THROUGH THE APP.

VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE/MEDICAL PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

Rights We Grant You

The Services includes but is not limited to any images, “applets,” photographs, animations, video, audio and text incorporated into the Services, the “look and feel” of the Services and any proprietary software provided to you by Elovee, Inc. to access and use the Services. The Services does not include any data, information, documents, files or materials posted, submitted or uploaded to the Services by you or any other user of the Services, including the text of, or attachments to, a publication or comment posted on the Services (“User Data”).

Elovee, Inc.  grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms and our policies allow, which includes assembling your fully-responsive, interactive digital version of using Elovee, Inc.’s proprietary technology that we provide (also known as your “digital persona”). Even though all digital personas are owned exclusively by Elovee, Inc. (or its affiliates), and we reserve the right to use any digital personas for any purpose, we will not use your digital persona, likeness or rending for promotional or marketing purposes without your express consent in advance.

Should you develop or be deemed to have any copyright rights in your digital persona, you irrevocably and unconditionally assign (and in the case of copyright, by way of a present assignment of future copyright) to Elovee, Inc. absolutely, with full title guarantee and free from any encumbrances, all of your right, title and interest in and to such digital persona.

To the extent permissible by law, you irrevocably waive – or agree not to assert against Elovee, Inc. or its affiliates to the extent a waiver is not permitted – any moral rights or equivalent rights you may have in the digital persona throughout the world. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

Except as otherwise permitted by the authorized entity or individual who holds the rights, interests, title and privileges to the particular User Data, you will have no rights to use, reproduce, display, modify or transfer the User Data or any derivative thereof. You agree to accept full liability for your use and misuse of the User Data, and Elovee, Inc. shall not be liable for such use and misuse.

While we’re not required to do so, we may access, review, screen, and delete any digital persona at any time and for any reason.

Rights You Grant Us

You grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, exhibit, broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image, voice, name, poses or other personal characteristics (collectively, “Likeness”) embodied in an digital persona or the Services, and (b) any materials you create with the Services as well as the right to create and use derivative works from those materials in accordance with this license, in any and all media or distribution methods (now known or later developed) for as long as you use the Services. To the extent that you use the Services to create a digital persona based upon the personal characteristics of another person, you confirm that you have the consent or authority to provide and use such information, and these Terms apply in this situation.

This license is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Elovee, Inc., our affiliates, or our business partners if your Likeness is conveyed through the Services.

Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading Elovee, Inc.’s Privacy Policy.

 

 

Security

Elovee, Inc. takes reasonable steps to ensure the security of its systems, including the use of secure servers to handle information you submit through the Elovee, Inc. However, there are inherent risks associated with the use of electronic means of communication.  You acknowledge that the possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. Elovee, Inc.  accepts no liability that may arise if any other persons obtain the information you submit to the Services.

Servers

The Services are controlled by Elovee, Inc. from its offices within the n. Servers hosting data on the Elovee are in n and hosting data on the Services are in n , WHERE YOUR PERSONAL INFORMATION AND END USER DATA MAY BE SUBJECT TO THE LAWS OF THAT JURISDICTION, INCLUDING LAWS REGARDING THE DISCLOSURE OF PERSONAL INFORMATION TO GOVERNMENT AUTHORITIES. In addition, if you are visiting the Service from a country other than the United States, your communication through the Service or any services offered on the Services will necessarily result in the transfer of information across international boundaries. By using this Services or any of our services, you consent to the collection, storage, and processing of your information in United States and in any country to which we may transfer your information in the course of our business operations.

Services Availability

From time to time and without prior notice to you, Elovee, Inc. may cease to continue operating part or all of the Services or selectively disable certain aspects or portions of the Services. Any modification to or elimination of the Services will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the Services does not entitle you to the continued provision or availability of the Services.

Disclaimer

While Elovee, Inc. endeavors to ensure that the information on the Services is correct, Elovee, Inc. is under no obligation do so. Elovee, Inc. does not warrant the accuracy or completeness of the Services. Elovee, Inc. may make changes to the Services at any time without notice.

Elovee, Inc. makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services, other content contained on the Services. You are solely responsible for the use and/or the interpretation of all the content on the Services.

Elovee, Inc. may, in its sole discretion and at any time without notice, restrict, suspend or cancel access to or use of the Services, for all or any one or number of users. Furthermore, Elovee, Inc. does not guarantee that the Services will be uninterrupted, up-to-date or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. Elovee, Inc. does not warrant that any security defects, vulnerabilities or errors on the website will be identified or remedied.

Elovee, Inc. will not be liable for any interference with or damage to your systems that may occur in connection with use of this Website, Elovee or a linked website, or for any data lost or any equipment or software damaged or replaced by you as a result of you using the Services. You must take your own precautions to ensure that your use of the Services is free of viruses or other malicious content that may interfere with or damage the operations of your computer systems.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES IS LICENSED TO YOU “AS-IS,” AND AVA DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED PROMISES, REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, ITS COMPATIBILITY WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, WARRANTIES OF TITLE, AGAINST INFRINGEMENT AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

The Website may from time to time provide links to third party websites as a courtesy to you. These Terms do not apply to those third party websites. Your linking to a third party website is subject to the terms and conditions of such websites. If you choose to enter such a linked site, Elovee, Inc. is not responsible for the availability of such websites and does not review or endorse and shall not be liable, directly or indirectly, for (i) how these websites treat your personally identifiable information, (ii) the content of such websites, including (without limitation) any advertising, products, goods or other materials or services available from such websites and (iii) the use that others make of these websites.

Limitation of Liability

YOUR USE OF THE SERVICES OR ANY CONTENT ON THE SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL AVA (INCLUDING ITS CURRENT AND FORMER DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) OR ANY THIRD-PARTY PROVIDER BE LIABLE TO YOU IN RELATION TO THE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES OR SAVINGS, LOSS OF DATA OR COSTS OF RECREATING LOST DATA) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF AVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES, OR RELATED INFORMATION OR PROGRAMS. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE TERMS HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.

Indemnity

By accessing, browsing and/or using the Services, you accept that you will indemnify and hold Elovee, Inc. and its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that Elovee, Inc. may suffer or incur as a result of: (a) your access to and use of the Services; (b) from any other alleged violation of the present Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.

If you post User Data to the Services, you will hold harmless and indemnify Elovee, Inc. from and against any and all damages, losses, costs and expenses (including reasonable attorneys’ fees) incurred by Elovee, Inc. in connection with any action or proceeding brought by a third party (excluding subcontractors and agents of Elovee, Inc.) that is based on any material violation by you of any applicable law, regulation, third-party right or third-party agreement governing the posting or use of such User Data.

Elovee, Inc. reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Elovee, Inc. Elovee, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elovee, Inc. as a result of these Terms, our Privacy Policy or any use of the Services.

Elovee, Inc.’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of Elovee, Inc.’s right to comply with law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Elovee, Inc. with respect to such use.

Sale of Elovee, Inc.’s Services and Products

Elovee, Inc. reserves the right to cease production of any products and services offered on this Services or to modify any specification related to these products and services without notice and without incurring any liability.

Applicable Laws

These Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York and the federal laws of United States of America. The Courts of New York will have exclusive jurisdiction to resolve any disputes relating to these Terms and Conditions.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Contact Us

If you have any questions or concerns about these Terms, you can contact us in writing at:

Address:          10 Hudson Yards, 46th Floor

                         New York, NY 10001

Email:              support@elovee.com

These Terms are effective as of  n, 2019.