By using this website, Elanazaiman.com (the “Site”), you automatically agree to the terms and conditions expressed here. Please read them over and, if you do not agree, please do not use our website. However, for those of you who do use our site, we hope you find it to be an informative resource. We also reserve the right to make any modifications to our website that we deem necessary at any time. Your continued use of our site indicates that you accept the changes that are made.
2. Intellectual Property
All material in the Site, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. Therefore, you agree not to copy, distribute, display, disseminate, inseminate, or otherwise reproduce any of the information on the Site without our prior written permission.
Bloggers. Once an entry is posted on the Site, you grant the Site, Elana Zaiman, LLC and others authorized by them the non-exclusive right and permission to broadcast, market, distribute, exhibit, use, reuse, in whole or in part, your submission in any and all manner and media throughout the universe in perpetuity. You grant the Site and Elana Zaiman, LLC the right to use and/or exploit the submission in any and all media known or unknown or which shall hereafter exist, and that the submission may be made available on any and all electronic media formats including but not limited to broadcast, the Internet, print and all other media forms, and may be edited as needed by the Site and Elana Zaiman, LLC.
You hereby agree to release Elana Zaiman and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from any and all liability, loss, expense and legal fees arising from the representations, warranties, and grant of rights outlined here regarding the submission. In non-legalese, this means that once you submit a blog entry it becomes part of our digital library for the rest of time on a non-exclusive basis. You are free to syndicate and republish your work.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT — USE OF ELANAZAIMAN.COM IS AT YOUR SOLE RISK. ELANAZAIMAN.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ELANAZAIMAN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ELANAZAIMAN.COM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ELANAZAIMAN.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ITS — USE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE AND IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF ELANAZAIMAN.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ELANAZAIMAN.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ELANAZAIMAN.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE — USE OR THE INABILITY TO — USE THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify Elana Zaiman, LLC, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Elanazaiman.com the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
5. Legal Venue
This agreement shall be governed by the laws of the State of Washington in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
6. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.