Welcome! By accessing, using or visiting this website (the “Website”) and/or the related interfaces or mobile applications we may offer (the “Services”), you agree to be bound by these terms and conditions (the “Terms”) and our Privacy Policy. The Services are provided by Elo Entertainment Inc (the “Company”).
In these Website Terms of Use (the “Terms of Use”), the words “Elo” “we”, “us”, and “our” refer to the Company, together with its affiliates, successors, and assigns. The words “you,” “User,” and “your” refer to any person accessing or using the Website; however, if you access or use the Website on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Use and that it is fully binding on them. In any such case, the term “you” will refer to both you and such entity.
If you disagree with any of the terms, conditions, and notices provided herein, please immediately leave and refrain from using the Website. If you have any questions or need any clarifications, please contact us support@elo.io before using the Website. Please note that these Terms of Use were written in English; to the extent any translated version of these Terms of Use conflicts with the English version, the English version published by the Company controls.
The Company has the right, at its sole discretion, to enhance, change or discontinue all or part of the Services at any time, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on or through the Services, or by electronic mail, or by conventional mail. Your use or access of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Modification of terms
We may modify these Terms of Use at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Website subsequent to any modifications will constitute acceptance of the Terms of Use as so changed. You expressly agree that, by updating the “Last Revised” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Website. As such, please check the “Last Revised” date prior to each use of the Website by you, as you will be bound by these Terms of Use as they exist on the date of each such use.
No children under 13
The Website is not directed at or intended for use by children under 13 years old. You may be required to provide a date of birth to register for certain functionality of this Website. You are not permitted to register or use Elo's Services if you are under 13.
Ownership of the website
All pages within the Website and any materials made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Company makes no claim of ownership as to the Data as it is received from the API. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by the Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of the Company without our express written consent.
All Content of the Website are owned by the Company or used with the owner’s permission. All rights reserved. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.
Website access, security and restrictions
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such User or logging onto a server or an account which the User is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep link to any feature or Content on the Website, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website. You may not post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tamper with or damage the Website in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AGENTS, PARTNERS, CLIENTS, SPONSORS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS OF USE, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) YOUR USE OR ACCESS OF THE WEBSITE AND/OR ACTIVITIES IN CONNECTION WITH THE SERVICES OR WEBSITE-RELATED SERVICES.
Consent to receive communications
If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.
Accuracy and integrity of information##
Because the data used by the Company to provide the Services is derived from access to a third-party application programming interface (“API”), the Company expressly disclaims any and all warranties and guarantees regarding the accuracy of the data received from the API (the “Data”). The Company formats and presents the Data as part of the Services, but otherwise does not generate, create, compile, verify the accuracy of, or otherwise produce the Data. The Company further disclaims all warranties and guarantees as to the availability of the Services if the API or the Data become inaccessible or are otherwise unavailable to the Company.
It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform the Company by emailing support@elo.io so that it can be corrected. Information contained on the Website may be changed or updated without notice.
Links to third party websites
The Website may contain links to other third-party websites that are not under the control of the Company (each a “Linked Website” and together the “Linked Websites”). The Company disclaims any and all responsibility for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for webcasting or any other form of transmission received from any Linked Website. The Company is providing these links, if any, to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement or representations by the Company of the Website or any association with its operators. You are encouraged to review any privacy policy or terms of service posted on the Linked Websites.
No unlawful or prohibited use
By agreeing to these Terms of Use, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Additionally, the Company may immediately terminate any person’s use of the Services, including by blocking a User’s IP address or deactivating a User’s password(s) or account(s), in the event that these Terms are violated or if a User has engaged in conduct that the Company, in its sole discretion, considers to be unacceptable. Conduct that violates these Terms and may result in termination of your access to or use of the Services includes but is not limited to:
- Using or accessing the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website;
- Obtaining any materials or information through any means not intentionally made available or provided for through the Website;
- Restricting or inhibiting any other user from using and enjoying the Services without having authorization from the Company to do so;
- Impersonating any person or entity or sharing personally identifying information of any other person without their consent;
- Posting or transmitting any falsehoods, misrepresentations or deceptive material; or any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, patently offensive, sexually explicit, harassing, hateful or racially or ethnically offensive; or content that would be considered a criminal offense or trespass or give rise to civil liability; or content that is otherwise inappropriate, objectionable or harmful in any way;
- Posting or transmitting any information that poses or creates a safety or security risk to any person;
- Posting or transmitting material that violates or infringes upon the rights of a third party, including but not limited to copyright, trademark, intellectual property rights, rights of privacy or publicity, real property rights, or rights in confidential information;
- Violating or attempting to violate the security or functionality of the Website as discussed above; or
- Violating or attempting to violate any part of these Terms of Use or applicable law.
User submissions through the website
Original content provided on the site is licensed under Creative Commons Attribution-NonCommercial 4.0 International. Content uploaded by users, such as game cover images, are copyright of their respective owners; the same applies to content that is linked to, like YouTube videos and external images or documents.
If you submit to us (whether through the Website, by email, or otherwise) any comments, ideas, suggestions, information, files, images or other materials (each a “User Submission” and collectively, “User Submissions”), you agree not to provide any User Submission that (1) violates or infringes the privacy, copyright, trademark, trade dress, trade secret or intellectual property rights of any person or entity, or (2) contains or transmits a virus or any other harmful component. You represent and warrant to the Company that you have the legal right and authorization to provide all User Submissions to the Company for the purposes and the Company’s use as set forth herein. The Company shall have a royalty-free, perpetual, irrevocable, transferable right and license to use the User Submissions in whatever way the Company desires, including without limitation, to copy, link to, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, sublicense and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium or technology throughout the world. The Company is and shall be under no obligation, except as warranted in these Terms of Use or the Privacy Policy or as otherwise required by law, (1) to maintain any User Submissions in confidence; (2) to pay to you any compensation for any User Submissions; (3) to provide notice to you or attribution regarding any User Submissions; or (4) to respond to any User Submissions. The Company and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to User Submissions directly or on its own behalf.
Liability disclaimer and warranty information
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
General
To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Texas, U.S.A., exclusive of its choice of law or conflict of laws rules, and each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts of Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Website and waives any jurisdictional, venue or inconvenient forum objections to such courts. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Website. The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Unless otherwise specified herein or in another written agreement between you and the Company, these Terms of Use constitute the entire agreement between the User and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or paragraph title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Any rights not expressly granted herein are reserved.
Elo Entertainment Inc.