USE POLICY
Elainewelteroth.com Use Policy
Welcome to elainewelteroth.com! Elainewelteroth.com provides its services to you subject to the following conditions. If you visit elainewelteroth.com, you accept these conditions. Please read them carefully.
PRIVACY
Please review our PRIVACY POLICY, which also governs your visit to elainewelteroth.com, to understand our practices.
YOUR ACCOUNT
If you use elainewelteroth.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Elainewelteroth.com and its affiliates reserve the right to refuse service, terminate accounts, and remove or edit content, in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you visit elainewelteroth.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on elainewelteroth.com. 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.
COPYRIGHT
All content included on elainewelteroth.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of elainewelteroth.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on elainewelteroth.com is the exclusive property of elainewelteroth.com and protected by U.S. and international copyright laws. All software used on elainewelteroth.com is the property of elainewelteroth.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
elainewelteroth.com, and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of elainewelteroth.com or its affiliates in the U.S. and/or other countries. elainewelteroth.com’s trademarks and trade dress may not be used by you.
LICENSE AND SITE ACCESS
elainewelteroth.com grants you a limited license to access and make personal use of elainewelteroth.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of elainewelteroth.com. This license does not include any resale or commercial use of elainewelteroth.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of elainewelteroth.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. elainewelteroth.com or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of elainewelteroth.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of elainewelteroth.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing elainewelteroth.com’s name or trademarks without the express written consent of elainewelteroth.com. Any unauthorized use terminates the permission or license granted by elainewelteroth.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of elainewelteroth.com so long as the link does not portray elainewelteroth.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any elainewelteroth.com logo or other proprietary graphic or trademark as part of a hyperlink without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. elainewelteroth.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
CONTRIBUTIONS TO ELAINEWELTEROTH.COM
If you submit ideas, concepts, stories, photographs, graphics, commentary or other potential content (“Contributions”) to elainewelteroth.com, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) elainewelteroth.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) elainewelteroth.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) elainewelteroth.com may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from elainewelteroth.com under any circumstances.
By submitting any Contributions to elainewelteroth.com/ you hereby grant to elainewelteroth.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, non-exclusive, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Contributions in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to elainewelteroth.com include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Contributions. Elainewelteroth.com shall have the right and license, but not the obligation, to use and publish, and permit others to use and publish, your name, screen name, likeness(es), and personal and biographical materials in connection with the Contributions you submit to elainewelteroth.com
By submitting Contributions to elainewelteroth.com, you hereby represent and warrant that the Contributions do not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to elainewelteroth.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that elainewelteroth.com shall have no obligation to post, display or otherwise make publicly available any Contributions submitted by you.
RELEASE AND WAIVER
You hereby release elainewelteroth.com from any and all claims, demands and liabilities of every kind whatsoever, know or unknown, that may arise in relation to the Contributions or by reason of any claim now or hereafter made by you that elainewelteroth.com has used or appropriated the Contributions. You agree to indemnify elainewelteroth.com against any liabilities, losses, claims, demands, costs (including attorneys’ fees), or expenses arising in connection with your breach or alleged breach of the foregoing. All references in this paragraph to elainewelteroth.com shall include elainewelteroth.com’s respective employees, officers, directors, board members, advisory board members, organization members, program judges, independent contractors, agents, representatives, affiliates, licensees, successors, assigns and any person to whom RejectedPrincessess.com has given access to the Contributions, all of whom shall be deemed third party beneficiaries of this agreement.
YOU ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILIAR EFFECT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless elainewelteroth.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to elainewelteroth.com from and against all losses, injuries, expenses, damages and costs, including reasonable, actual and documented attorneys' fees, resulting from any violation of the conditions set forth in this Use Policy by you. Elainewelteroth.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with elainewelteroth.com in asserting any available defenses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ELAINEWELTEROTH.COM IS PROVIDED BY ELAINEWELTEROTH.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELAINEWELTEROTH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF ELAINEWELTEROTH.COM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELAINEWELTEROTH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELAINEWELTEROTH.COM DOES NOT WARRANT THAT ELAINEWELTEROTH.COM, ITS SERVERS, OR E-MAIL SENT FROM ELAINEWELTEROTH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELAINEWELTEROTH.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ELAINEWELTEROTH.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, ELAINEWELTEROTH.COM, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF ELAINEWELTEROTH.COM.
2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON ELAINEWELTEROTH.COM.
IN ADDITION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY ELAINEWELTEROTH.COM, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH ELAINEWELTEROTH.COM, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ELAINEWELTEROTH.COM OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH ELAINEWELTEROTH.COM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NO ENDORSEMENTS
Elainewelteroth.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the elainewelteroth.com, nor does elainewelteroth.com endorse any opinions expressed by users of elainewelteroth.com. You acknowledge that any reliance on material posted by others will be at your own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of elainewelteroth.com.
EXTERNAL LINKS DISCLAIMER
Elainewelteroth.com routinely contains links to external, third party websites. By providing links to other sites, elainewelteroth.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to elainewelteroth.com.
Elainewelteroth.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster.
APPLICABLE LAW
By visiting elainewelteroth.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Use Policy and any dispute of any sort that might arise between you and elainewelteroth.com or its affiliates.
DISPUTES
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Los Angeles County, California, before one (1) arbitrator. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures at the Los Angeles office of JAMS including the Optional Appeals Procedure. The arbitrator shall be a disinterested attorney or retired judge experienced in entertainment matters. Such arbitration shall include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. Judgment on any award may be entered in any court of competent jurisdiction. The parties hereto consent to the jurisdiction of the Superior Court of the State of California, Central Judicial District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded reasonable, actual and documented costs and reasonable, actual and documented attorney’s fees associated with the arbitration.
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all proprietary information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
In the event of any breach hereunder by elainewelteroth.com you will be limited to a remedy for actual damages, if any, in accordance with this dispute resolution provision and in no event will you seek or have the right to seek or obtain any injunctive or other equitable relief against elainewelteroth.com or its affiliates, subsidiaries, licensees and assigns
HOW TO CONTACT US
info@ewelteroth.com
POLICY CHANGES
If we decide to change our use policy in whole or in part, we will inform you by posting a notice on our Internet site. Your continued use of elainewelteroth.com will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
EFFECTIVE DATE OF USE POLICY
The use policy is effective as of April 16, 2019