Terms and Conditions
IMPORTANT INFORMATION
The following is a legal agreement between you and eLifestyler.com. Before subscribing or downloading any images, including free images, please be sure you are in agreement with the terms and conditions below. Your use of the eLifestyler.com website ("Website") indicates your agreement and acceptance of these terms and conditions which applies to all files on the Website.
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website or our products.
Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Licence to use eLifestyler.com website
You may view, download for caching purposes only, and print pages from the eLifestyler.com website for your own personal use, subject to the restrictions below.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) edit or otherwise modify any material on the website;
(e) redistribute material from this website without written permission from eLifestyler.com owner, which could be obtained by writing to info@elifestyler.com
User Contributions to the Site
There are many opportunities for you to contribute to the site. These include, among others, contributing articles or links or other materials, which collectively, we call "content" to the site. eLifestyler.com is not liable or responsible for any content provided by its users or other third parties to the site ("User content"). The contributions of third parties do not necessarily represent the view or opinions of eLifestyler.com. eLifestyler.com can not preview all User content before it appears. Users can be held liable for any illegal or prohibited User content they provide to the site, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the site, please notify us at info@elifestyler.com. We will investigate your claim and take appropriate action. If you post any original content to the site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the site, you authorize us to use or allow others to distribute, reproduce or otherwise use the content. eLifestyler.com is not liable for any lost data resulting from the operation of our site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the site.
Other Content on the Site
The information contained in this site, including all images, illustrations, designs and photographs not contributed as personal information or User content are copyrights, trademarks and other intellectual property of eLifestyler.com, its parent, affiliate, subsidiary companies or its author if such is mentioned below or in the content.
Links and Search Results
The site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. eLifestyler.com has no control over these sites or the content within them. eLifestyler.com cannot guarantee, represent or warrant that the content contained in the site is accurate, legal and/or inoffensive. eLifestyler.com does not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer. By using the site to search for or link to another site, you agree and understand that you may not make any claim against eLifestyler.com for any damages or losses, whatsoever, resulting from your use of the site to obtain search results and/or to link to another site. However, if you have a problem with a link from the site, please let us know at info@elifestyler.com and we will investigate the link and take appropriate action.
Limitations of liability
The information on eLifestyler.com website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on eLifestyler.com
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
eLifestyler.com does not promise that the site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. eLifestyler.com cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. eLifestyler.com disclaims all warranties, express or implied, including also any implied warranties of, including without limitation, direct, indirect, incidental, punitive and consequential damages.
The contents herein are solely the opinions of eLifestyler.com and their contributors, and should not be considered as a form of therapy nor advice. There is no guarantee of validity or eLifestyler.com assumes no responsibility for injury and specifically disclaims any warranty, express or implied for any products or services mentioned. If expert assistance or counseling is needed, services of a competent professional should be sought.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website eLifestyler.com or its content, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
Restricted access
Access to certain areas of eLifestyler.com is restricted. We reserve the right to restrict access to any other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
Bulletin board / chat room / comments
You must not use eLifestyler.com in any way that causes, or may cause, damage to the website eLifestyler.com or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
Prohibited Content.
The following is a partial list of the kind of content which is illegal or prohibited on the site.
It includes content that:
Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated content or links to pirated content files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
Violation of the Terms. You understand and agree that in eLifestyler.com's sole discretion, and without prior notice, eLifestyler.com may terminate your access to the site, and remove any unauthorized User content. eLifestyler.com may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
In respect of all material that you post on eLifestyler.com or its forums, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
Use of our content
eLifestyler.com licenses to you the use of our psd. files as provided below on a nonexclusive and nontransferable basis after payment of all the required fees. All other rights to the psd. files and any accompanying materials such as copyright are retained by eLifestyler.com.
User Consent
You must be at least 18 years of age to use the Website and to accept this Agreement. eLifestyler.com may require any registered user to provide adequate proof that they are at least 18 years of age. Those under 18 years of age can access the Website only by having their parent or legal guardian register on their behalf. By opening an account in this manner, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement.
Prohibited Uses
You may NOT:
A. Use content in any way that depicts content or eLifestyler.com or its owners in a bad light or in a way that they may find offensive, including defamation, intrusion on privacy, misappropriation of likeness.
B. Use content in any way that violates civil or criminal laws such as those which regulate pornography, obscenity, fraud, counterfeiting, espionage, and aid to illegal activities.
C. Post any content downloaded from the Website in a format that would facilitate transfers of files via the Internet by other users, all rights are non-transferable.
D. Resell or distribute any content downloaded from the Website or its depiction unless the content is an integral part of the product being resold, and includes less than 50 percent of the entire product's importance or value.
E. Remove any copyright or trademark information from any place in the files or accompanying materials.
F. Post or otherwise display content downloaded from the Website on a website in a size larger than 500 pixels in length or width.
G. Use any content as part of a trademark, logo, or patented image.
H. Share your username and password, or otherwise sell, rent, give, sublicense, or transfer to anyone the images or the right to use the images.
Acceptable Uses
You MAY:
A. Use the content downloaded from the Website in any way not prohibited by the agreement. Uses deemed acceptable include but are not limited to electronic media, consumer merchandise, print media, websites, website templates, multimedia presentations, and broadcast film and video, clothing, books, and packaging.
B. Change or modify psd. templates as necessary for your use, granted the resulting content does not violate the terms set forth in this agreement and provided that the rights to any derivative work shall belong to eLifestyler.com, which assignment the parties hereby agree is valid under the copyright laws of the United Kingdom and other countries.
Other Provisions
You agree that eLifestyler.com may, in its own discretion, (a) monitor anything you download from the eLifestyler.com Website at any time, for any violation of this Agreement, (b) track any abuse or sharing violation of your username and password in connection with the eLifestyler.com website or in connection with this Agreement, (c) terminate your account, without notice, if it finds any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to eLifestyler.com Content, must immediately delete all Content acquired from eLifestyler.com.
Assumption of Risk
You expressly agree that use of all images, files, or software distributed by eLifestyler.com is at your own risk. eLifestyler.com does not warrant or guarantee that files or images on the Website are free from copyright or other intellectual property concerns.
Severability
If any clause of this agreement is found to be unenforceable, it will not affect any other clause. All remaining clauses will remain in full force and effect.
Indemnity
You agree to fully defend and indemnify eLifestyler.com, its employees, directors, and officers, and any others associated with eLifestyler.com, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with your use of the content and this Website or of any breach or alleged breach of any representation, warranty, or other promise made by you in this agreement.
Legal Fees and Jurisdiction
If eLifestyler.com is obligated to go to court, other than arbitration, to enforce any of its rights or provisions, or to collect any payment, you agree to fully reimburse eLifestyler.com for its legal fees, costs and disbursements if eLifestyler.com is successful. The parties consent to jurisdiction over them in any court in United Kingdom, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by United Kingdom law.
Summary
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND eLifestyler.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND GOFREEPHOTO RELATING TO THE SUBJECT OF THIS AGREEMENT. You agree that by using this site or images, photos, files or other content from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (any user of this website or files obtained from this website, and eLifestyler.com) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties.
Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.