Terms of Service
ELIXIO does not allow use of an alias. Please provide your first name as the username. If the username has already been taken please provide us with your full name. Please use the following format i.e: JOHNDOE. Elixio Terms of Service Agreement: This is an agreement between you, either an individual or a corporate or organizational entity and Elixio. This document describes the terms and conditions that cover the use of the Elixio network, the Elixio.net website and its corporate affiliates (including versions of the website that may exist on other domains, and other Elixio software).
1. a. Software Use Restrictions: You agree that you will not modify, reverse engineer, decompile or disassemble any portion of the Software. You may not alter or modify the registration mechanism or the installer program or create a new installer for the Software. You may not transfer the Software and/or assign this Agreement to any third party. You may not export or re-export any Software or other technology received under this Agreement except in full compliance with all United States and other applicable laws and regulations. b. You may not use your personal profile for commercial use. Business profiles may promote products and services through a business profile upgrade.Contact Elixio webmaster for details, admin [at]elixio.net
2. Representations and Warranties: By completing the membership registration process, you are representing and warranting that: a. You are over the age of majority and can form a legally binding contract under applicable law. b. You have provided true, accurate, current and complete information about yourself as prompted in the registration process. c. You are not using the Software or the Network for any improper or illegal purpose, and that you will act in good faith in your relationships with Elixio and other Members and will abide by the rules set forth by Elixio or the community.
3. Use of Software and Network: a. Your Account Once you register for the Software, you will have a password and an account, and become a member of the community of users on the Network. You are responsible for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Elixio of any unauthorized use of your account or any other breach of security known to you. Accounts are for personal use only. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Software. b. Member Content You understand that all information, data, text, photographs, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Elixio, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Software, on the Network or on the Web. Elixio does not control the Content posted to the Network or to the Web by users of the Software, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Elixio be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Software, through the Network or to the Web. Elixio does not claim ownership rights in Content that you make available through the Software. For the sole purpose of enabling Elixio to provide and maintain the Network and services we provide, you understand that with respect to Content you make available through the Software, you grant Elixio a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. This license exists only for as long as you elect to continue to include such Content on the Network and will terminate at the time you remove or Elixio removes such Content from the Network, though you understand and agree that Elixio may preserve Content on backup media even after it is removed from the Network, and also that information posted to the Web by Elixio on your behalf may be cached by websites outside of Elixio's control. c. Copyrights, Trademarks, Patents and Intellectual Property Rights You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Elixio respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders; rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is Elixio's policy to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Elixio's agent for notice of claims of copyright or other intellectual property infringement, to admin [at]Elixio.net. Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Elixio service that you claim is infringing, with enough detail so that we may locate it on the service; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Elixio's Agent will forward this information to the alleged infringer. d. Community Conduct Although Elixio is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. However, we reserve the right to terminate an account when the Members expression infringes on other Members rights. The community may also limit the conduct of Members that the community as a whole finds objectionable. Without limitation, Elixio reserves the right to terminate your access to and use of the Software or Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Elixio site from time to time: d.1. Members shall not engage in any activity that constitutes harassment. d.2. Members shall not attempt to interfere with any other person's use of the Software, including without limitation interfering with another users privacy, such as by recording instant messaging or chat communications or collecting email addresses. d.3. Members shall not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise. d.4. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with Elixio. d.5. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available junk mail, unauthorized commercial advertisements, or any other form of commercial solicitation. d.6. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party. d.7. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. d.8. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way. d.9. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available any material that 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. d.10. Members shall not attempt to gain unauthorized access to Elixio's database or other computer systems. d.11. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Network. d.12. Members shall not use the Network for any unlawful purpose. d.13. Members may not use the Network or any information contained within for commercial gain. However, Elixio reserves the right to allow particular users to use the Network for commercial purposes pursuant to a separate written agreement. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Elixio. e. Violations of Agreement and Community Standards You may report violations of the Elixio community standards to the Member believed to be in violation. If a suitable remedy is not achieved, please report to admin[at]Elixio.net. Please report violations of the terms of this Agreement, improper account use, and identity theft to admin[at]Elixio.net. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 4. Privacy and Security You further acknowledge and agree that Elixio may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Elixio, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. Members are solely responsible for the privacy of their own Content. The Software is designed for Members to use privacy settings to determine the visibility of data throughout the Network and on the Web, and to limit its spread to other systems. Elixio uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally accessing your private Content or personal information. 5. Disputes If there is a dispute between Members or between Members and any third party, you understand and agree that Elixio is under no obligation to become involved. In the event that you have such a dispute, you hereby release Elixio, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. 6. Disclaimer of Warranty ELIXIO PROVIDES THE SOFTWARE TO YOU AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. YOU AGREE THAT USE OF THE SOFTWARE AND THE NETWORK IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOFTWARE OR THE NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOFTWARE OR NETWORK, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NETWORK OR THE SOFTWARE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 7. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL ELIXIO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ELIXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBERS USE OR MISUSE OF THE SOFTWARE OR THE NETWORK OR FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE OR THE NETWORK, FROM INABILITY TO USE THE OF THE SOFTWARE OR THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THE SOFTWARE OR THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 8. Indemnification You agree to indemnify and hold Elixio, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Software or from a breach of terms of this Agreement or your representations and warranties. You agree to hold Elixio harmless from any claims and expenses, including reasonable attorneys fees and court costs, related to your violation of this Agreement. 9. Term and Termination The term of this Agreement shall commence when you install the Software and shall continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly render unusable all Software originally provided to you hereunder and any copies thereof embodied in any medium. You agree that Elixio, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Network (or any part thereof), immediately and without notice, and remove and discard any Content within the Network, for any reason, including, without limitation, if Elixio believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Elixio shall not be liable to you or any third-party for any termination of your access to the Network. Further, you agree not to attempt to access or use the Network after said termination. Sections 5-11 shall survive termination of this Agreement. 10. Modifications Elixio reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Elixio's sole discretion. The most up to date version of this Agreement will be posted on the Elixio site at: http://www.Elixio.net/help_tos.php. Although Elixio will provide notice of material changes to this Agreement on the Elixio site, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. If you install a new version of the Software, including updates provided automatically, you agree to the then current Agreement. You acknowledge that Elixio reserves the right at any time to modify or discontinue the Software or the Network (or any features or parts thereof) with or without notice and that Elixio shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Should Member object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Software or the Network or become dissatisfied with Elixio in any way, Members only recourse is to immediately: (1) discontinue use of the Software and the Network; (2) terminate Members registration; and (3) notify Elixio of termination. 11. General The Terms constitute the entire agreement between you and Elixio and govern your use of the Software and the Network, superseding any prior agreements between you and Elixio. This Agreement shall be governed by the laws of the Commonwealth of Massachussetts without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Service shall be filed in a court of competent jurisdiction sitting in Massachussetts. Both parties consent to exclusive jurisdiction in that state. The failure of Elixio to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, the Network or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Elixio may give notice to its Members by email, a posting on our website, or other reasonable means. You must give notice to Elixio in writing via email or as otherwise expressly provided by Elixio. Elixio may broadcast, distribute or display notices or messages through the Software to inform you of changes to Elixio, the Software, or other matters of importance; such broadcast, distributions or displays shall constitute notice to you. 12. Limitation on Liability. IN NO EVENT WILL ELIXIO.net,ITS PARENT COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY SITE CONTENTS. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages. 13. Third Party Websites and Content The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. 14. Trademarks and Intellectual Property Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks trade dress of Company, or other proprietary intellectual property of the Company in the U.S. and/or other countries ("Intellectual Property"). The Company's Intellectual Property may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 15.Electronic Communication. When you use ELIXIO or send emails to ELIXIO , you are communicating with ELIXIO electronically. You consent to receive communications from ELIXIO electronically. ELIXIO will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 16. TERMINATION You agree that ELIXIO may, under certain circumstances and without prior notice, immediately terminate your ELIXIO account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity(2 months or more). Termination of your ELIXIO account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ELIXIO's sole discretion and that ELIXIO shall not be liable to you or any third-party for any termination of your account or access to the Service. 17. MEMBER CONDUCT You understand that all information, usernames, passwords, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. And you, and not ELIXIO, are entirely responsible for all Content that you arrange to have parsed, or otherwise make available via the Service. You agree to not use the Service to: - transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; - harm minors in any way; - impersonate any person or entity, including, but not limited to, a ELIXIO official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; - disguise the origin of any Content transmitted through the Service; - transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; - transmit or otherwise make available any material that 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; - interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; - intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; - collect or store personal data about other users. 18. Privacy We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. NOTICE TO USER: THIS IS A CONTRACT. BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
ELIXIO does not allow use of an alias. Please provide your first name as the username. If the username has already been taken please provide us with your full name. Please use the following format i.e: JOHNDOE. Elixio Terms of Service Agreement: This is an agreement between you, either an individual or a corporate or organizational entity and Elixio. This document describes the terms and conditions that cover the use of the Elixio network, the Elixio.net website and its corporate affiliates (including versions of the website that may exist on other domains, and other Elixio software).
1. a. Software Use Restrictions: You agree that you will not modify, reverse engineer, decompile or disassemble any portion of the Software. You may not alter or modify the registration mechanism or the installer program or create a new installer for the Software. You may not transfer the Software and/or assign this Agreement to any third party. You may not export or re-export any Software or other technology received under this Agreement except in full compliance with all United States and other applicable laws and regulations. b. You may not use your personal profile for commercial use. Business profiles may promote products and services through a business profile upgrade.Contact Elixio webmaster for details, admin [at]elixio.net
2. Representations and Warranties: By completing the membership registration process, you are representing and warranting that: a. You are over the age of majority and can form a legally binding contract under applicable law. b. You have provided true, accurate, current and complete information about yourself as prompted in the registration process. c. You are not using the Software or the Network for any improper or illegal purpose, and that you will act in good faith in your relationships with Elixio and other Members and will abide by the rules set forth by Elixio or the community.
3. Use of Software and Network: a. Your Account Once you register for the Software, you will have a password and an account, and become a member of the community of users on the Network. You are responsible for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Elixio of any unauthorized use of your account or any other breach of security known to you. Accounts are for personal use only. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Software. b. Member Content You understand that all information, data, text, photographs, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Elixio, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Software, on the Network or on the Web. Elixio does not control the Content posted to the Network or to the Web by users of the Software, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Elixio be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Software, through the Network or to the Web. Elixio does not claim ownership rights in Content that you make available through the Software. For the sole purpose of enabling Elixio to provide and maintain the Network and services we provide, you understand that with respect to Content you make available through the Software, you grant Elixio a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. This license exists only for as long as you elect to continue to include such Content on the Network and will terminate at the time you remove or Elixio removes such Content from the Network, though you understand and agree that Elixio may preserve Content on backup media even after it is removed from the Network, and also that information posted to the Web by Elixio on your behalf may be cached by websites outside of Elixio's control. c. Copyrights, Trademarks, Patents and Intellectual Property Rights You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Elixio respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders; rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is Elixio's policy to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Elixio's agent for notice of claims of copyright or other intellectual property infringement, to admin [at]Elixio.net. Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Elixio service that you claim is infringing, with enough detail so that we may locate it on the service; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Elixio's Agent will forward this information to the alleged infringer. d. Community Conduct Although Elixio is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. However, we reserve the right to terminate an account when the Members expression infringes on other Members rights. The community may also limit the conduct of Members that the community as a whole finds objectionable. Without limitation, Elixio reserves the right to terminate your access to and use of the Software or Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Elixio site from time to time: d.1. Members shall not engage in any activity that constitutes harassment. d.2. Members shall not attempt to interfere with any other person's use of the Software, including without limitation interfering with another users privacy, such as by recording instant messaging or chat communications or collecting email addresses. d.3. Members shall not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise. d.4. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with Elixio. d.5. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available junk mail, unauthorized commercial advertisements, or any other form of commercial solicitation. d.6. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party. d.7. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. d.8. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way. d.9. Members shall not use the Software for uploading, posting, emailing, transmitting or otherwise making available any material that 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. d.10. Members shall not attempt to gain unauthorized access to Elixio's database or other computer systems. d.11. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Network. d.12. Members shall not use the Network for any unlawful purpose. d.13. Members may not use the Network or any information contained within for commercial gain. However, Elixio reserves the right to allow particular users to use the Network for commercial purposes pursuant to a separate written agreement. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Elixio. e. Violations of Agreement and Community Standards You may report violations of the Elixio community standards to the Member believed to be in violation. If a suitable remedy is not achieved, please report to admin[at]Elixio.net. Please report violations of the terms of this Agreement, improper account use, and identity theft to admin[at]Elixio.net. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 4. Privacy and Security You further acknowledge and agree that Elixio may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Elixio, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. Members are solely responsible for the privacy of their own Content. The Software is designed for Members to use privacy settings to determine the visibility of data throughout the Network and on the Web, and to limit its spread to other systems. Elixio uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally accessing your private Content or personal information. 5. Disputes If there is a dispute between Members or between Members and any third party, you understand and agree that Elixio is under no obligation to become involved. In the event that you have such a dispute, you hereby release Elixio, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. 6. Disclaimer of Warranty ELIXIO PROVIDES THE SOFTWARE TO YOU AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. YOU AGREE THAT USE OF THE SOFTWARE AND THE NETWORK IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOFTWARE OR THE NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOFTWARE OR NETWORK, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NETWORK OR THE SOFTWARE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 7. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL ELIXIO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ELIXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBERS USE OR MISUSE OF THE SOFTWARE OR THE NETWORK OR FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE OR THE NETWORK, FROM INABILITY TO USE THE OF THE SOFTWARE OR THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THE SOFTWARE OR THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 8. Indemnification You agree to indemnify and hold Elixio, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Software or from a breach of terms of this Agreement or your representations and warranties. You agree to hold Elixio harmless from any claims and expenses, including reasonable attorneys fees and court costs, related to your violation of this Agreement. 9. Term and Termination The term of this Agreement shall commence when you install the Software and shall continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly render unusable all Software originally provided to you hereunder and any copies thereof embodied in any medium. You agree that Elixio, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Network (or any part thereof), immediately and without notice, and remove and discard any Content within the Network, for any reason, including, without limitation, if Elixio believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Elixio shall not be liable to you or any third-party for any termination of your access to the Network. Further, you agree not to attempt to access or use the Network after said termination. Sections 5-11 shall survive termination of this Agreement. 10. Modifications Elixio reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Elixio's sole discretion. The most up to date version of this Agreement will be posted on the Elixio site at: http://www.Elixio.net/help_tos.php. Although Elixio will provide notice of material changes to this Agreement on the Elixio site, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. If you install a new version of the Software, including updates provided automatically, you agree to the then current Agreement. You acknowledge that Elixio reserves the right at any time to modify or discontinue the Software or the Network (or any features or parts thereof) with or without notice and that Elixio shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Should Member object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Software or the Network or become dissatisfied with Elixio in any way, Members only recourse is to immediately: (1) discontinue use of the Software and the Network; (2) terminate Members registration; and (3) notify Elixio of termination. 11. General The Terms constitute the entire agreement between you and Elixio and govern your use of the Software and the Network, superseding any prior agreements between you and Elixio. This Agreement shall be governed by the laws of the Commonwealth of Massachussetts without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Service shall be filed in a court of competent jurisdiction sitting in Massachussetts. Both parties consent to exclusive jurisdiction in that state. The failure of Elixio to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, the Network or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Elixio may give notice to its Members by email, a posting on our website, or other reasonable means. You must give notice to Elixio in writing via email or as otherwise expressly provided by Elixio. Elixio may broadcast, distribute or display notices or messages through the Software to inform you of changes to Elixio, the Software, or other matters of importance; such broadcast, distributions or displays shall constitute notice to you. 12. Limitation on Liability. IN NO EVENT WILL ELIXIO.net,ITS PARENT COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY SITE CONTENTS. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages. 13. Third Party Websites and Content The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. 14. Trademarks and Intellectual Property Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks trade dress of Company, or other proprietary intellectual property of the Company in the U.S. and/or other countries ("Intellectual Property"). The Company's Intellectual Property may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 15.Electronic Communication. When you use ELIXIO or send emails to ELIXIO , you are communicating with ELIXIO electronically. You consent to receive communications from ELIXIO electronically. ELIXIO will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 16. TERMINATION You agree that ELIXIO may, under certain circumstances and without prior notice, immediately terminate your ELIXIO account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity(2 months or more). Termination of your ELIXIO account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ELIXIO's sole discretion and that ELIXIO shall not be liable to you or any third-party for any termination of your account or access to the Service. 17. MEMBER CONDUCT You understand that all information, usernames, passwords, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. And you, and not ELIXIO, are entirely responsible for all Content that you arrange to have parsed, or otherwise make available via the Service. You agree to not use the Service to: - transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; - harm minors in any way; - impersonate any person or entity, including, but not limited to, a ELIXIO official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; - disguise the origin of any Content transmitted through the Service; - transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; - transmit or otherwise make available any material that 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; - interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; - intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; - collect or store personal data about other users. 18. Privacy We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. NOTICE TO USER: THIS IS A CONTRACT. BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
