Elite Authors Social Media Sets
Terms of Use
THIS DOCUMENT SETS FORTH THE TERMS OF USE (“TERMS OF USE”) FOR THE SERVICES OFFERED BY ELITE AUTHORS LLC (“COMPANY,” “WE,” “OUR,” or “US”) IN THE FOREGOING PROPOSAL (THE “SERVICES”) AND THE INFORMATION, SERVICES, AND/OR PRODUCTS THAT MAY BE MADE AVAILABLE TO YOU THROUGH SUCH SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY. BY REQUESTING, PROCURING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU ACKNOWLEDGE THAT YOU ARE A LEGAL ADULT AGE 18 OR OLDER AND YOU ARE ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE NOT A LEGAL ADULT AGE 18 OR OLDER, DO NOT USE THE SITE IN ANY MANNER.
The following are the terms and conditions upon which we will provide the above-referenced Services.
You may request the Services by submitting a purchase order, work order, or other written document to the Company setting forth the commercial terms from the foregoing proposal that you have elected to include in the Services (a “Purchase Order”). By placing a Purchase Order, you make an offer to purchase the Services pursuant to the terms set forth in such Purchase Order and the terms and conditions of these Terms of Use and on no other terms and conditions. Any variations of or additions or deletions made to these Terms of Use by you in any Purchase Order are void and shall have no effect. By issuing a Purchase Order, you agree to abide and be bound by all of these Terms of Use. The Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
The Company reserves all right, title, and interest in and to the Services and the content provided pursuant to the Services, including any copyright, patent or trademark or other intellectual property right, or federal or state right pertaining thereto or derived therefrom—provided, however, that you shall retain all right, title and interest in and to all patents, trademarks, copyrights, and proprietary and confidential information owned or created by you. To the extent permitted by applicable law, by sending any comments or materials (collectively “Feedback”) to the Company, including without limitation questions, submissions, suggestions, ideas, postings, comments, or the like, you grant the Company a perpetual, nonrevocable, transferable, unrestricted, nonexclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known, provided that such use does not involve the use or disclosure of your patents, trademarks, copyrights, or proprietary or confidential information. The Company shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others, and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so, provided that the Company shall not use or disclose your patents, trademarks, copyrights, or proprietary or confidential information. Further, the Company shall be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating any Feedback, to the extent it does not use or disclose your patents, trademarks, copyrights, or proprietary or confidential information.
You are ultimately responsible for all information posted to your social media accounts. The Company does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects relating to social media platforms will be corrected, (iv) the Services, or the social media platforms that make it available, are free of viruses or other harmful components, or (v) the use or the results of the use of the Services are guaranteed in any way to increase business or sales of any products.
In no event will the Company or its members, employees, or independent contractors be liable for any incidental, indirect, special, punitive, or consequential damages (including, but not limited to, lost profits, revenues, or business opportunities) resulting from the performance of the Services or any breach of the Company’s obligations hereunder, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, whether or not the Company is advised of the possibility of such damage. In no event shall the Company’s liability for damages hereunder exceed the amount of fees paid by you for the Services hereunder.
You agree to indemnify, hold harmless, and defend the Company, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against the Company or any of its officers, directors, employees, agents, or affiliates and all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Company or any of its officers, directors, employees, agents, or affiliates arising out of or relating to (i) your breach of any term or condition of these Terms of Use, (ii) your use of the Services, (iii) any use of any content provided pursuant to the Services or aggregated on any social media site, (iv) your own activity and interaction with users any social media platform, and (v) any damages caused by using the Services, including, but not limited to, injuries, losses, and damage to property. In such a case, the Company will provide you with written notice of such claim, suit, or action. You shall cooperate as fully as is reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification and reimbursement of any and all associated expenses by you.
In the event you have a dispute with one or more users or suppliers in any way related to the Services, you hereby irrevocably and permanently release and discharge the Company (and our officers, directors, members, employees, agents, and affiliates) from any and all claims, causes, rights, actions, suits, proceedings, debts, dues, contracts, damages, claims, and demands of whatsoever kind and nature, in law or in equity, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THE SERVICES ARE PROVIDED “AS IS,” AND THERE ARE NO WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY THE COMPANY, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THE FUNCTIONALITY OF ANY WEBSITE OR SOCIAL MEDIA PLATFORM OR THAT THE SERVICES WILL MEET YOUR NEEDS, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.