Pease Read These Terms Carefully Before Using this Service
ACCEPTANCE OF TERMS: ElenaNeira.com offers the site, and your use of the site is conditional on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Site by ElenaNeira.com (collectively, the “Terms and Conditions”). The following Terms govern your access to and use of our Service and supersede all prior or contemporaneous agreements between you and us. Your subscription and use of the Service constitute your agreement to all such Terms. These Terms may be updated by us from time to time with prior notice to you. The words “use” or “using” in this Agreement, means any time a User (a person visiting/using the content/service of the site), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy ElenaNeira.com Services (see clause below), transmit, receive or exchange data or communicate with ElenaNeira.com Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of ElenaNeira.com Services, for any purpose whatsoever. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new ElenaNeira.com resources and services.
THE SERVICE: The ElenaNeira.com website including all content (“Content”) available through the ElenaNeira.com domain name, (the “Site”) is owned and operated by ArienBits, Inc. and provided to you as the Service.You understand and agree that the Service may include certain communications from ElenaNeira.com, such as service announcements, administrative messages, and updates. The Service is in a beta version and rolling new features might impact the service and reliability of the site. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
REGISTRATION AND ACCOUNTS: Any User can browse some of the content of ElenaNeira.com without registering. However, to access services/ participate on ElenaNeira.com you must register as a User and have an “Account” with your own username and password. When you register, you agree to provide true, accurate and complete information. When a User registers an Account, the User will be asked to enter its e-mail, and choose a Username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Site. Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account. ElenaNeira.com will assume that any person using the Site with your Username and password is authorized to act on your behalf.
CONTENT: ElenaNeira.com Content comprises graphics, text, photographs, images, video, audio, software, code, and website compilation, and advertisements. All such content is protected by Intellectual Property Laws and Copyright Laws, and this content can only be used as per the terms herein. User Content refers to content or information that you submit to ElenaNeira.com. You retain the Intellectual Property Right or Copyright to your Content. By submitting user content to ElenaNeira.com, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. We do not expressly or implicitly endorse, and we do not assume any liability for any user content.
MODIFICATIONS: ElenaNeira.com reserves the right to modify or discontinue – any of the provisions of this Agreement, all or part of the Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes Your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that ElenaNeira.com shall not be liable to You or any third party in the event that ElenaNeira.com exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms and Conditions.
USE: You confirm that you are of legal age (as defined by the laws of your country) to use the services. You also represent that you are not a person barred from using the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ElenaNeira.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ElenaNeira.com has the right to suspend or terminate the Services.
COPYRIGHT, DMCA AND TAKEDOWN: Notification of Copyright Infringement. ElenaNeira.com respects your Intellectual Property Rights and has a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 1998, available on http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website ElenaNeira.com infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through mail or email with the following information in writing:
1. Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works on ElenaNeira.com are covered by a single notification, a list of such works.
2. Identification of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide URLs to help us locate content quickly.
3. Sufficient information to enable us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
4. A statement as follows: “I hereby state that I 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 the law”.
5. Another statement: “I hereby state that the information in the notification is accurate, and under penalty of perjury, that I am the owner/ authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
6. Your physical or electronic signature.
ElenaNeira.com endeavors to respect the copyright of all graphics, sound files, video sequences and copy used, to use graphics, sound files, video sequences and copy created by ElenaNeira.com or to fall back on unlicensed graphics, sound files, video sequences and copy. All brand names and trademarks cited within the Site and possibly protected by third-party rights are subject without restriction to the provisions of the applicable United States of America trademark law and the property rights of the respective registered proprietor. The mere mention of trademarks should not be taken to mean that they are not protected by third-party rights.
All copy, images and other content on ElenaNeira.com are subject – unless otherwise stated – to the copyright of ElenaNeira.com. No content or part thereof may be stored, copied, reproduced or passed on to third parties without prior written consent. The reproduction or use of ElenaNeira.com content such text, graphics, sound files, video sequences and copy in other electronic or print media is not permitted without the express consent of ElenaNeira.com
PRIVACY: We respect your privacy and the use and protection of your Personal Information. ElenaNeira.com collects your name, e-mail address, etc when you subscribe for our service. Such information collected by us about you will be treated as confidential and will not be shared with or sold to any third party.
CONDUCT AND LAWFUL USE: You agree that use of the site is subject to all applicable International, National, State, and Local laws and regulations. You agree to abide by these laws and are solely responsible for the content of your communications through the Service. You agree to use ElenaNeira.com for lawful purposes only. You are allowed to publicly talk and write about ElenaNeira.com website, albeit acknowledging that the service and the website are in beta and everything is subject to change.
LIMITATION OF LIABILITY: ElenaNeira.com accepts no liability for the quality of the Service provided or for its being up to date, accurate or complete. Liability claims against ElenaNeira.com in respect of damage of a material or non-material nature caused by the use or non-use of the Service provided, or by the use of incorrect or incomplete information, are inadmissible provided there is no verifiably willful or grossly negligent culpability. All offers are subject to alteration and not binding. As a condition of use of the Service, and in consideration of the services provided by ElenaNeira.com, You agree that ElenaNeira.com will not be liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from any services purchased or obtained or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of your transmissions or data or failure of the site to store your transmissions or data, or otherwise arising in connection with the Service, Site or Content even if ElenaNeira.com has been advised of the possibility of such damages. You specifically acknowledge that ElenaNeira.com shall not be liable for your submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. ElenaNeira.com makes no representations that the ElenaNeira.com Site is appropriate or available for use in other locations. Those who access or use the ElenaNeira.com Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
LINKS: The ElenaNeira.com site may provide links to third-party websites. ElenaNeira.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked site or featured. These third-party sites have their own privacy policies. We encourage you to review the privacy policies of websites you choose to link to from ElenaNeira.com so that you can understand how those websites collect, use and share your information. ElenaNeira.com is not responsible for the privacy policies or other content on websites outside of ElenaNeira.com. As a provider of online services, ElenaNeira.com is not liable for any statements, representations or content provided by its Users in any public/private forum, blog or other interactive area, even if ElenaNeira.com has been advised of the possibility of such damages. REFERENCES AND LINKS
DISCLAIMER/NO WARRANTY: ElenaNeira.com is intended to be a place for your reference. We are not responsible for any decisions you make based on something you read on ElenaNeira.com. ElenaNeira.com service is provided on an “as is” basis without any express or implied warranty of any kind including warranties of merchantability, or non-infringement of intellectual property. In no event shall ElenaNeira.com be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or; 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 ElenaNeira.com site. ElenaNeira.com does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. ElenaNeira.com may make changes to these materials at any time without notice. ElenaNeira.com makes no commitment to update the Materials. No oral advice or written information given by ElenaNeira.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ElenaNeira.com is not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the ElenaNeira.com Services or combination thereof, including any injury or damage to You or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the ElenaNeira.com Services.
TERMINATION: We reserve the right to terminate your right to use our Services if the information that you provide to comment, register or use our Services contains false or misleading information, or conceals or omits any information we would likely consider material; if we suspect that you are involved in any fraudulent transaction. Any attempt to undermine or cause harm to ElenaNeira.com server is strictly prohibited. This includes spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them.
ENTIRE AGREEMENT SEVERABILITY WAIVER: This Agreement sets forth the entire agreement between you and ElenaNeira.com in respect of this Site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. ElenaNeira.com’ failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
GOVERNING LAW: These Terms shall be governed by and construed in accordance with the Laws the United States of America without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States of America, the laws, rules and regulations of the United States of America shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
CONTACT US: Any inquiry about these terms and conditions of use should be brought to our attention by e-mail to TermsOfService@elenaneira.com, and providing us with information about the nature of the inquiry.