Terms of Service
ELITIST CLUB Terms of Service
Last modified: February 11, 2014
Welcome to Elitist Club.
0. Mission statement
2. Electronic communications
6. Licence and acces
7. Your Account
8. Content you post on the website
9. Your use of the website.
10. Third-Party websites, products, and services.
11. Embeddable items
12. Intellectual property rights policy
13. Our rights and responsibilities
14. Disclaimer of warranties and limitation of liability
15. Website policies, modification, and severability
16. Consequences of violation of the terms
17. Operation of the website
0. Mission Statement
Our promise is a commitment to ensure our members reach their highest level of personal success. We are also highly passionate in helping our members maximize their own goals by integrating with other skilled members. Don’t just dream, start to stream – join us at www.elitist-club.com
We, Elitist Club or its affiliates (“Elitist Club,” “we” or “us”), provide online features, including text, software, scripts, graphics, audiovisual combinations, interactive features, comments, reviews and other materials you may view on, access through or contribute to the Elitist Club Services (the “Contents”) and other products and services to you when you visit or shop at the Elitist Club website, use Elitist Club applications for mobile, or use any software or video player platform provided by Elitist Club in connection with any of the foregoing (collectively, the “Elitist Club Services”). We provide the Elitist Club Services subject to the following conditions.
By accessing, browsing or visiting the Elitist Club website or otherwise using the Elitist Club Services, you acknowledge that you have read, understood and agree to these terms and conditions (the “Terms of Service”). Please read them carefully. If you do not agree to any of these terms, please do not use the ELITIST CLUB Services.
We offer a wide range of ELITIST CLUB Services, and sometimes additional guidelines, terms and agreements, or product requirements (including age requirements) may apply, which requirements will be displayed with the relevant ELITIST CLUB Services and those additional terms become part of your agreement with us if you use those ELITIST CLUB Services.
Please note that we may, in our sole discretion, update these Terms of Services periodically by making such revisions available on the ELITIST CLUB website or otherwise providing notice to you. Thus, please revisit this page to stay aware of any changes. Your use of the ELITIST CLUB Services constitutes your agreement to these Terms of Service, and your continued use of the ELITIST CLUB Services after any revisions to these Terms of Service constitutes your agreement to such revisions.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. ELECTRONIC COMMUNICATIONS
When you use ELITIST CLUB Services, or send e-mails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website or through other means made available by ELITIST CLUB. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All of the Contents included in or made available through the ELITIST CLUB Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are owned by or licensed to ELITIST CLUB or its Contents suppliers. The compilations of any Contents included in or made available through any ELITIST CLUB Services are the exclusive property of ELITIST CLUB and are protected.
Please note that it is ELITIST CLUB’s policy to respond to notices of alleged infringement that comply with the European Copyright Directive (the “EUCD”). Please see Section 12 of these Terms of Service for further details. Please note further that we reserve our right to terminate, in its sole discretion and without notice, accounts of repeat infringers according to the process set out in the EUCD.
Graphics, logos, page headers, button icons, scripts, marks, trade names and service names included in or made available through the ELITIST CLUB Services are trademarks or trade dress of ELITIST CLUB in all countries. ELITIST CLUB's trademarks, service marks, trade dress and logos may not be used in connection with any product or service that is not ELITIST CLUB's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ELITIST CLUB. All other trademarks not owned by ELITIST CLUB that appear in the ELITIST CLUB Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ELITIST CLUB.
One or more patents owned by ELITIST CLUB may apply to the ELITIST CLUB Services. Portions of the ELITIST CLUB Services may operate under license of one or more patents.
6. LICENSE AND ACCESS
Services or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction methods or tools.
The licenses granted by ELITIST CLUB terminate if you do not comply with these Terms of Service.
You may access the Contents for your information and personal use solely as intended through the provided functionality of the ELITIST CLUB Services and as permitted under these Terms of Service and applicable laws and regulations. Without written consent of ELITIST CLUB in advance you may not (i) frame or utilize framing techniques to enclose any trademark, logo, Contents or other proprietary information (including images, texts, page layouts, or forms) of ELITIST CLUB; and (ii) use any Meta tags or any other "hidden text" utilizing ELITIST CLUB's name or trademarks. You agree not to circumvent, disable or otherwise interfere with security-related features of the ELITIST CLUB Services or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the ELITIST CLUB Services or the Contents there in. Neither ELITIST CLUB Services nor any part of the Contents may be altered, modified, sold, resold, licensed, distributed, reproduced, duplicated, copied, publicly performed, displayed, broadcasted, transmitted, published, edited, adapted, commercially used or otherwise exploited for any purposes other than those explicitly permitted herein without the prior written consent of ELITIST CLUB or the respective licensors of the Contents.
All rights not expressly granted to you in these Terms of Service are reserved and retained by ELITIST CLUB or its licensors, suppliers, publishers, rights holders, or other Contents providers.
You understand that when using the ELITIST CLUB Services, you will be exposed to Contents from a variety of sources, and that ELITIST CLUB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contents. You further understand and acknowledge that you may be exposed to Contents that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ELITIST CLUB with respect thereto, and, agree to indemnify and hold harmless ELITIST CLUB, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by applicable laws and regulations, regarding all matters related to your use of the ELITIST CLUB Services.
7. YOUR ACCOUNT
If you are under 18, you may use the ELITIST CLUB Services under the supervision of a parent or guardian. By downloading, installing or otherwise using the ELITIST CLUB Services, you represent that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. We reserve the right to refuse service in case of the use of the ELITIST CLUB Services in violation of the foregoing.
All information that you supply upon creating your user account must be accurate and complete. We reserve the right to reject and delete any user name or password that violates any person’s or entity’s rights in any way direct or indirect, or that contains offensive or explicit remarks, including personal, political, religious, racial and sexual contents. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or password. You must notify ELITIST CLUB immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ELITIST CLUB or others due to such unauthorized use.
8. CONTENT YOU POST ON THE WEBSITE
You are responsible for all Contents that you post on or transmit through the ELITIST CLUB Services, including your user comments. You may not post any Content that:
● infringes the copyright, trademark, patent right or other proprietary right of any person or that is used without the permission of the owner;
● you know is inaccurate;
● is pornographic, sexually explicit or obscene;
● exploits children or minors;
● violates the rights of privacy or publicity of any person;
● is libelous, slanderous or defamatory;
● contains any personally identifying information about any person without their consent or about any person who is a minor;
● may be deemed generally offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred or profanity;
● includes advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose; or
● promotes or provides instructional information about illegal or illicit activities; or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
You understand and acknowledge that we do not guarantee any confidentiality with respect to any Contents you submit. You shall be solely responsible for your own Contents and the consequences of submitting and publishing your Contents on the ELITIST CLUB Services. By uploading and publishing your Contents, you affirm, represent and warrant that (I) you own or have the necessary licenses, rights, consents and permissions to publish the Contents you submit; (II) you grant ELITIST CLUB and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of, publicly perform or otherwise exploit the Contents that you submit to or through the ELITIST CLUB Services for any purpose; (III) your Contents do not and will not (A) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, or libel any other person; (IV) your Contents do not contain any viruses, adware, malware, spyware, worms, or other malicious code; and (V) unless you have received prior written authorization, your Contents specifically does not contain any confidential information of ELITIST CLUB or third parties.
Users violating these third-party rights may be subject to criminal and civil liability. We reserve the right to remove, in our sole discretion, any Content that violates these Terms of Service or that we determine is otherwise not appropriate for the ELITIST CLUB Services.
You also hereby grant each user of the ELITIST CLUB Services a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access your Contents through the ELITIST CLUB Services, and to use, reproduce, distribute, display and perform such Contents as permitted through the functionality of the ELITIST CLUB Services and under these Terms of Service.
You also consent to the display of advertising within or adjacent to any of your Contents.
We do not endorse any Contents submitted to the ELITIST CLUB Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the Contents. We do not permit copyright infringing activities and infringement of intellectual property rights on the ELITIST CLUB Services, and we reserve the right to remove the Contents that infringe on another's intellectual property rights, without prior notice at any time in its sole discretion.
9. YOUR USE OF THE WEBSITE
All Contents available through the ELITIST CLUB website are protected by our copyrights or trademarks and those of our licensors. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the Contents, in whole or in part, outside of the specific usage rights granted to you by ELITIST CLUB in these Terms of Service.
You may not use the ELITIST CLUB Services to do any of the following;
● harass or advocate harassment of another person or entity;
● perform any activities that violate any state, local, federal, or international laws or regulations;
● provide resources to or otherwise support any (foreign) terrorist organization;
● impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
● transmit unsolicited mass mailings or 'spam;'
● collect or store any information about other users or members, other than in the normal course of using the website for its intended purpose of facilitating voluntary communication among users;
● transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
● use it in any manner that could damage, disable, overburden, disrupt or impair the website or our network or interfere with any other party's use and enjoyment of the website;
● modify, adapt, translate or reverse engineer the website;
● use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the website (though we grant the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the Contents on the website that link back to the website for the full text of the Contents);
● frame or mirror the website or reformat it in any way;
● attempt to circumvent, disable or otherwise interfere with any security-related features of the ELITIST CLUB Services or features that (I) prevent or restrict use or copying of the Contents or (II) enforce limitations on use of the ELITIST CLUB Services or the content accessible via ELITIST CLUB Services; or
● create user accounts using any automated means or under false pretenses.
10. THIRD-PARTY WEBSITES, PRODUCTS, AND SERVICES
We may permit you to register for and log onto the ELITIST CLUB Services via certain third-party social networks. If you log in via such social networks, the profile information connected to the account you use to log into the ELITIST CLUB Services may be used by us to provide support for your account. You also acknowledge and agree that we may publish information regarding your use of the ELITIST CLUB Services to and in connection with any such third-party social networks through which you use the ELITIST CLUB Services. If by any reason the strategic partnership ends, all services and privileges provided by ELITIST CLUB will be withdrawn. The streamer can and will not claim any rights of anything that has been acomplished in the strategic partnership period the moment this comes to an end.
11. EMBEDDABLE ITEMS
We may make available charts, graphics or other items that can be embedded on your own website. If you use any of these embeddable items, you must include a prominent link back to the ELITIST CLUB website on the pages containing the embeddable item and you may not modify, build upon or block any portion of the embeddable item in anyway or present it in any manner that is false or misleading. We retain the right to revoke your permission to use any such items at any time for any reason in our sole discretion.
12. INTELLECTUAL PROPERTY RIGHTS POLICY
We respect the rights of intellectual property holders. If you believe that any of the Contents of the ELITIST CLUB Services violates these Terms of Service or your intellectual property rights, you can report such violation to us. In the case of an alleged infringement, please provide the following information:
● a description of the copyrighted work or other intellectual property that you claim has been infringed;
● a description of where the material that you claim is infringing is located on the website (including the exact URL);
● an address, a telephone number, and an e-mail address where we can contact you;
● a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
● a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
● your electronic or physical signature.
We may request additional information before we remove allegedly infringing material.
We will terminate the user account of any user who repeatedly violates our intellectual property policies.
13. OUR RIGHTS AND RESPONSIBILITIES
We maintain the right to do any of the following at any time, with or without prior notice, in our sole discretion, for any or no reason:
● Restrict, suspend, or terminate your access to all or any part of the ELITIST CLUB Services;
● Change, suspend, or discontinue all or any part of the ELITIST CLUB Services;
● Refuse, move, or remove any Contents;
● Refuse to register any user name that we may deem offensive; and
● Establish general practices, fees and policies concerning the ELITIST CLUB Services.
We do not make any representations about the accuracy of the Contents posted on the ELITIST CLUB Services, whether posted by us, our users or third parties. All information and services provided on the ELITIST CLUB Services are offered "as-is" without any implied warranty, and you should not rely on the information presented on the ELITIST CLUB Services without discretion. Your use of the ELITIST CLUB Services is at your own risk.
We disclaim any responsibility for inaccuracies on the ELITIST CLUB Services. We are not responsible for any loss, harm, error or omission that may result from the use of the ELITIST CLUB Services we provide or for any service failure or interruption, regardless of the cause.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ELITIST CLUB AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITIST CLUB SERVICES ARE PROVIDED BY ELITIST CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF ELITIST CLUB, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITIST CLUB SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ELITIST CLUB SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENTS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ELITIST CLUB SERVICES, ELITIST CLUB'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ELITIST CLUB WILL BE(I) ACCURATE OR COMPLETE, (II) UNINTERRUPTED, OR (III) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ELITIST CLUB, THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELITIST CLUB SERVICES, WHETHER CLAIMS FOR SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH ELITIST CLUB SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS OR DATA.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELITIST CLUB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE ELITIST CLUB SERVICES ARE CONTROLLED AND OFFERED BY ELITIST CLUB FROM ITS FACILITIES IN EUROPE. ELITIST CLUB MAKES NO REPRESENTATIONS THAT THE ELITIST CLUB SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ELITIST CLUB SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK OF VOLITION OF AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IN NO EVENT WILL THE TOTAL LIABILITY OF ELITIST CLUB, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE ELITIST CLUB SERVICES OR YOUR INTERACTION WITH OTHER ELITIST CLUB USERS (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ELITIST CLUBSERVICES DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ELITIST CLUB SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to amend these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the ELITIST CLUB Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ELITIST CLUB without restriction.
If any provision of these Terms of Service is deemed invalid, void, or for any reason unenforceable, by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ELITIST CLUB's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16. CONSEQUENCES OF VIOLATION OF THE TERMS
To the extent permitted by applicable laws, you agree to indemnify, defend and hold ELITIST CLUB and its officers, directors, employees, agents, and affiliates harmless from and against any and all claims, damages, obligations, liabilities, losses, costs, and expenses (including attorneys' fees) incurred by ELITIST CLUB arising from: (i) your use of and access to the ELITIST CLUB Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Contents caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ELITIST CLUB Services.
You also agree to take sole responsibility for any royalties, fees or other currencies owed to any person by reason of any Content you transmit through the ELITIST CLUB Services.
17. OPERATION OF WEBSITE
The company is located in Malta.
The server is located in the Netherlands.
|No current events planned|