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Updated October 18, 2016

Ello Terms of Use

Updated October 18, 2016

Even though you may feel that reading the Terms of Use of a service like Ello is a boring waste of time, we highly recommend that you read Ello's Terms of Use (“Terms”). The Terms are a contract between you and Ello, PBC (“us”, “we”), which is applicable when you use our web sites (including www.ello.co), services, mobile applications, products, and content provided by us, globally, in existence now or in the future, forever and ever (“Ello”).

By accessing or using Ello (whether or not you create a registered user account), you agree to be bound to the Terms. That means that if you don’t agree to these Terms, please don’t use Ello. Additionally, you must abide by our Rules, which are found here: [link to Rules], and are incorporated into the Terms. Please read the Rules, which include important rules and guidelines governing the behavior we expect of Ello users, as well as the actions we may take if you do not follow the Rules. When we use the term “user” in these Terms, we mean any user of Ello, regardless of whether you create a registered user account.

We may update these Terms from time to time. We will let you know if we make significant changes by sending a notice to the email address connected with your Ello account, or by placing a notice in a prominent place on our web site. If we make a significant change, the notice we provide will indicate when the change will be effective. If you do not agree with the upcoming change, please delete your account. If you continue to use Ello after the stated effective date, you will be deemed to have accepted the change.

To be eligible to use Ello, you must be at least 13 years old, you must be old enough to enter into a contract with us, and you must have a valid email address. You must create an account to post content on Ello and to access other features offered only to account holders. We require an email address, password and a username, which may or may not be your real name. You must provide an email address that is actually yours. When you sign up for an Ello account, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. We reserve the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username.  For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.

You Have Choices

While we are constantly evolving and we expect new features, functions and settings to be introduced regularly, you can always go to “Settings” to customize your Ello experience. For instance, you can choose whether your profile is publicly accessible outside of Ello and whether to allow other users to comment on your posts.

If you may have sexually explicit content (e.g., nude photos) posted in your account, please designate your Ello profile as “Not Suitable for Work,” or NSFW.

When You Post on Ello

We don’t claim ownership over any Content that you post on Ello. “Content” means any content or creative expression that you’re able to upload or post on Ello, including text, images, files, animations, logos, or comments. However, when you post or transfer Content to Ello, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide Ello.

You are responsible for the Content you submit to Ello. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on Ello, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.

When you post on Ello, you are agreeing to allow other Ello users (unless you set your Settings to prevent public display) to view, distribute and display your Content. Consider the Content you post on Ello to be publicly available indefinitely since it may be distributed by other Ello users through social media or otherwise, or be cached on third party search engines, even after your Ello account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.

We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to Ello for any reason.

You understand that when using Ello, you may be exposed to content from a variety of sources, and that Ello is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Ello with respect thereto. If you do not wish to see sexually explicit content, please go to your Settings and choose the NSFW option indicating you do not want to see sexually explicit material. While we cannot guarantee that you won’t see sexually explicit material if you choose not to, we will try to prevent it from happening.

Unless requested by law enforcement or the government, or as otherwise allowed by our Privacy Policy, we will never sell, distribute or share your Content outside of Ello without your permission. However, as mentioned above, other Ello users may distribute and share your Content outside of Ello.

At any time, you may delete your Content from Ello, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use Ello. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from Ello. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.

We may modify our Services at any time, since Ello is a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions.

User Activity

If you haven't uploaded a profile picture or header image within 60 days of creating your account, we may remove your account and allow another user to select your username. We will send you a warning e-mail before doing so.

Also, if you haven't logged into your account for 365 days, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.

If you use a robot to post on Ello, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.

Property we Own and Restrictions

Ello, PBC. owns all rights to our logo, Ello, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Ello, including the Ello HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Ello.

Content You Post

Privacy

When you use Ello, you agree to the Ello Privacy Policy, which is incorporated into these Terms. Please read the Privacy Policy because it describes what information and data we collect and how we use it.

Paid Services

Ello may offer some features or functionality for a fee. Fees are stated in US dollars, and you’ll be responsible for any applicable sales taxes or other charges arising from the transaction. Even though you’re paying for a feature or functionality, you don’t own it – you’re purchasing the right to use or access that feature or functionality. Fees are non-refundable. Ello may charge fees at any time in its discretion. We will not collect credit card numbers – instead, we will use a trusted third party credit card or payment processor.

No Children Under 13

You need to be 13 years or older to use Ello. If you’re under 13, please don’t use Ello. If we learn that you or anyone else is under 13 and is using Ello, we’ll close the child’s account.

Security and Responsible Disclosures

We do our best to protect our service from security vulnerabilities, and to make Ello better. You can read about this in our Security Policy.

Ello’s Rules

Ello has rules that all users must follow. You can find them here.

DMCA Copyright Policy

Ello complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.

If you see your Content on Ello being used without your permission, you can contact Ello’s Designated Agent for receipt of infringement notices here:

Ello, 1100 Spruce Street, Suite 104, Boulder CO 80302, by calling 720.507.3556 or by emailing [email protected].

Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on Ello; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Other Stuff Our Lawyers Made Us Put In

You acknowledge and agree that Ello’s servers and operations are in the United States. As a result, regardless of where you live, your Content is transferred to and stored in the United States, and you hereby consent to the transfer, processing, and storage of your Content in the United States.

Use Restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Ello, whether in whole or in part, or any content displayed on Ello, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Ello, (c) you shall not access Ello in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of Ello may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.

No Warranty. ELLO AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF ELLO IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLO IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ELLO OR CONTENT ON ELLO IS ACCURATE, RELIABLE OR CORRECT; THAT ELLO WILL MEET YOUR REQUIREMENTS; THAT ELLO WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ELLO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.

You understand that Ello is not responsible or liable for, and you hereby release Ello, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Ello users, whether those interactions are through Ello or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ELLO; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH ELLO; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELLO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF ELLO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO ELLO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Entire Terms. These terms and the rest of our legal terms constitute the entire agreement between you and us regarding the use of Ello. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ello’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Ello may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.

These terms shall be governed by the laws of the state of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Ello has not adhered to these terms, please contact Ello by e-mail at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Ello are unable to reach a resolution to the dispute, you and Ello will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) in Boulder, Colorado. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Ello agree that any arbitration will be limited to the dispute between Ello and you individually. You acknowledge and agree that you and Ello are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ello otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Copyright & Trademark Information

Copyright © 2016, Ello, PBC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site and Service are our property or the property of other third parties. You are not permitted to use these Marks.