TERMS OF USE


This document, together with the Privacy Policy and any other policies or guidelines posted at elementai.com (and associated websites) (the “Agreement”) is a contract between you (“you”) and Vinz Clortho and Affiliates Inc. (and, where applicable, its affiliates) (“Vinz Clortho and Affiliates”) concerning the conditions associated with your use of the elementai.com website (and associated websites or social channels) (the “Websites”). By using or accessing the Websites you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Websites.

Conditions relating to use of the Websites

You need a supported Web browser to access the Websites. You acknowledge and agree that Vinz Clortho and Affiliates may cease to support a given Web browser and that your continuous use of the Websites will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Websites are incumbent on the performance of your computer equipment and your Internet connection.

As a condition to your use of the Websites, you agree not to:

  1. Impersonate or misrepresent your affiliation with any person or entity;
  2. Access, tamper with, or use any non-public areas of the Websites of Vinz Clortho and Affiliates’s computer systems;
  3. Attempt to probe, scan, or test the vulnerability of the Websites or any related system or network or breach any security or authentication measures used in connection with the Websites and such systems and networks;
  4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites;
  5. Use vulgar or demeaning language in your interactions on our Website and Social Channels with our employees or other users within our community.
  6. Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Websites;
  7. Provide payment information belonging to a third party;
  8. Use the Websites in an abusive way contrary to its intended use, to its documentation or to Vinz Clortho and Affiliates’s instructions;
  9. Systematically retrieve data or other content from the Websites to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  10. Infringe third party intellectual property rights when using or accessing the Websites.

Vinz Clortho and Affiliates will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Vinz Clortho and Affiliates may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Vinz Clortho and Affiliates has no obligation to monitor your access to or use of the Websites, it has the right to do so for the purpose of operating the Websites, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body

Termination

Vinz Clortho and Affiliates also reserves the right to suspend access to or remove the Websites at any time at its discretion and without notice. For example, Vinz Clortho and Affiliates may suspend or terminate your use of the Websites and Social Channels if you are not complying with the present Agreement, or use the Websites or Social Channels in a manner that would cause Vinz Clortho and Affiliates legal liability, disrupt the Websites or disrupt others' use of the Websites.

Vinz Clortho and Affiliates reserves the right to temporarily or permanently discontinue the Websites and Social Channels at any time. Vinz Clortho and Affiliates will deploy commercially reasonable efforts to notify you of such discontinuation.

Proprietary Rights

All right, title, and interest in and to the Websites and the content therein are and will remain the exclusive property of Vinz Clortho and Affiliates and its licensors. The Websites are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Websites or their content. Vinz Clortho and Affiliates grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Websites and the Content for your own personal purposes as an individual consumer.

Disclaimer of Warranty and Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, VINZ CLORTHO AND AFFILIATES MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. VINZ CLORTHO AND AFFILIATES PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, VINZ CLORTHO AND AFFILIATES’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL VINZ CLORTHO AND AFFILIATES AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF VINZ CLORTHO AND AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT VINZ CLORTHO AND AFFILIATES IS FOUND LIABLE TO PAY YOU ANY DAMAGES, VINZ CLORTHO AND AFFILIATES’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Vinz Clortho and Affiliates, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Websites.

Amendments

Vinz Clortho and Affiliates reserves the right to make modifications to this Agreement from time to time in order to adapt it to any changes in applicable laws or our activities. The date of the latest version of this Agreement is indicated at the bottom of this page. By continuing to use our Websites, you are consenting to any changes to this Agreement.

General Provisions

This Agreement shall be governed by and construed by the laws of the Czech Republic. Parties hereby irrevocably submit and attorn to the jurisdiction of the Arbitration Courts of Vienna, Austria.

This Agreement is the entire and exclusive agreement between Vinz Clortho and Affiliates and you regarding the Websites, and this Agreement supersedes and replaces any prior agreements between Vinz Clortho and Affiliates and you regarding the Websites.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.

Contact

In case of any questions or comments regarding this Agreement, please communicate with us using email: [email protected]

Last updated on: June 29, 2018

© GOLDILOCK 2018 Terms of Use Privacy Notice [email protected]

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