Terms of Use

Last updated: August 25th, 2017

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http(s)://elev.io website and embeddables (the "Service") operated by Elevio Pty. Ltd. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that to your knowledge is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You agree that we may use your logo on our website and in marketing material.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Elevio Pty. Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Elevio Pty. Ltd..

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Elevio Pty. Ltd..

Elevio Pty. Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Elevio Pty. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We h3ly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, and without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, and without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Elevio Pty. Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

General Use

Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, Elevio Pty. Ltd. hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to deliver content and communicate with your users. All rights not expressly granted to you are reserved by Elevio Pty. Ltd. and its licensors, partners and vendors.

Without explicit permission from Elevio Pty. Ltd., you may not:

  • use trademarks or service marks belonging to Elevio Pty. Ltd.;
  • alter, modify, obscure, or remove trademarks relating to Elevio Pty. Ltd. from the Services, including but not limited to the "powered by elevio" type messages that may appear in the Services;
  • alter, modify, or obscure the Services;
  • either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Elevio Pty. Ltd.; or
  • either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of Elevio Pty. Ltd.

Indemnification

This section refers to and is limited to registered and paying customers of The Service, using The Service in accordance with the remainder of these Terms.

Elevio Pty. Ltd., agrees to defend, indemnify and hold harmless your company from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to any claims against your company arising from any actual or alleged infringement of any patent, copyright, or other intellectual property right (including, without limitation, misappropriation of trade secrets) based on any technology, product, service and/or other materials provided by The Service, to your company. Elevio Pty. Ltd.,'s obligations under this Section are subject to the conditions that your company give Elevio Pty. Ltd., prompt written notice of any such claim, allow Elevio Pty. Ltd., to control the defense and settlement of the claim, and cooperate with Elevio Pty Ltd., at Elevio Pty. Ltd.,’s reasonable request and expense, in defending or settling the claim; provided, however, failure to provided prompt written notice shall not release such Venture Craft Pty. Ltd., from its obligations unless Elevio Pty. Ltd., is prejudiced thereby.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Elevio Pty. Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, you can contact us.