www.elated.com Terms of Use

By browsing or using our Websites at http://www.elated.com/ and http://store.elated.com/, or downloading any material from the Websites, you are indicating your acceptance of the Terms of Use below.

DEFINITIONS

www.elated.com - The entire website found at http://www.elated.com/, including all text, images and other online content that comprise the website.

store.elated.com - The entire website found at http://store.elated.com/, including all text, images and other online content that comprise the website.

The Websites - The sites www.elated.com and store.elated.com.

The Content - All content, including but not limited to all text, code, images, graphics, icons, animations, clipart, website templates, Photoshop actions and forum content, that comprise the Websites, as well as the Elated "smiling face" logo, wording, graphics, and any other element or elements that comprise Elated's branding or the Websites' general "look and feel".

Elated - Elated Communications, of Robertson, NSW 2577, Australia, the sole owner of the copyright and all other rights in and to www.elated.com.

The User - The person who is using www.elated.com, i.e. you.

COPYRIGHT

With the exception of forum messages and article comments, which are owned by the authors of those messages, all of the Content is copyright © Elated Communications 1996-2014 and may not be reproduced without permission.

REDISTRIBUTION OF CONTENT

Redistributing the Content, or any portion thereof, in any form, under any name, on its own or with other products (commercial or otherwise), without the prior written permission of Elated is forbidden.

The User may not redistribute any part of the Content on another website, on a CD-ROM, or on any other form of media without the prior written permission of Elated.

The User may not sell, rent, or lease the Content to any individual or organization.

LIABILITY

THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED. THE USER ACCEPTS THE WEBSITES "WITH ALL FAULTS".

NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS MADE WITH RESPECT TO THE WEBSITES. THE USER ASSUMES THE ENTIRE RISK OF USING THESE WEBSITES. UNDER NO CIRCUMSTANCES SHALL ELATED BE REQUIRED OR OBLIGED TO PROVIDE ANY SUPPORT OR ASSISTANCE TO THE USER WITH RESPECT TO THE WEBSITES.

UNDER NO CIRCUMSTANCES SHALL ELATED BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE MALFUNCTION OF EQUIPMENT, LOSS OF DATA OR INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ELATED IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL ELATED BE LIABLE FOR ANY CONDUCT OF ANY PERSON OR PERSONS THAT IS ASSOCIATED WITH THE USAGE OF THE WEBSITES.

INTERPRETATION

This Agreement shall be governed by the laws of New South Wales, Australia, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

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