Elementerre Terms of Use
Elementerre LLC (referred to collectively and individually as “Company,” “us,” “our” or “we”), provides the elementerrestudio.com website and various related services (collectively referred to as the “Site”), as well as various products and offerings (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Use (“Terms”), as well as any other written agreement(s) between us and you, including our Privacy Policy (these Terms and the Privacy Policy collectively, the “Agreement”).
You acknowledge that we may make changes to any portion of the Agreement from time to time and for many reasons, including to reflect updates to the Site or Offerings, or changes in law. If we make a material change to the Agreement, it will be effective thirty (30) days following our notice of the adoption of the amended terms. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Site, or by other means, consistent with applicable law. By continuing to use the Site you will be deemed to have agreed to and accepted any changes to the Agreement. You are responsible for periodically reviewing the Agreement for updates and amendments. If you do not agree to any change to the Agreement, you may not use the Site or the Offerings.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE EFFECTIVE AS OF NOVEMBER 29, 2023.
Offerings. We provide a number of Offerings for users on the Site, including but not limited to, information about products of ours or our Affiliates, links to third parties that sell products of ours or our Affiliates, methods of submitting project inquiries, the ability to opt-in to our newsletter, and other information. You are solely responsible for providing, at your own expense, all equipment necessary to use the Site, including a computer and modem; and your own Internet access (including payment of fees associated with such access).
No Guarantee. Although we work hard to provide quality Offerings, you understand and acknowledge that we cannot and do not promise or guarantee (i) specific results from using the Site or Offerings available on the Site, or (ii) the accuracy or completeness of any content.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings and this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
Modifications/Discontinuation. We reserve the sole right to either modify or discontinue the Site, including any of the Sites’ features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to the Agreement.
Prohibited Conduct. You agree to only use the Site for purposes that are lawful and in accordance with these Terms and any applicable law, rules, or regulations. You may not:
Third Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. Third parties’ websites are not subject to our Terms or Privacy Policy. You should carefully review the privacy policies and other conditions of use for such third-party websites.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Any and all rights associated with the Site, its content and the Offerings, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, trade names, moral rights and patents (“Intellectual Property”) are the sole property of the Company or its licensors, affiliates or other third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, display, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise use any Intellectual Property displayed or made available in, or otherwise associated with, the Site, in any way, without the Company’s express written consent; provided, however, that you may make a single copy of content for personal, non-commercial use, unless and until the Company or the owner of the Intellectual Property associated with the relevant content notifies you that you must discontinue such use. Except as provided herein, the Company does not grant to you any express or implied rights to our or any third party’s Intellectual Property.
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.
No warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, including feedback, suggestions, or ideas, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, fully paid-up, royalty-free, fully transferable, sub-licensable through multiple tiers, perpetual, worldwide license to copy, distribute, display, publish, translate, adapt, modify, exploit, and otherwise use the User Content for any purpose whatsoever, regardless of the form, manner or medium in which it is used, whether for profit or not, in any jurisdiction, now known or hereafter discovered throughout the universe, without permission or notice (the “Submission License”). You represent and warrant that you have the legal right and ability to grant the foregoing Submission License to us (including our employees and Affiliates). You acknowledge and agree that you have no expectation of review, compensation or consideration from any and all exploitations by the Company, its employees or Affiliates, under the Submission License. To the extent that any moral rights or ancillary rights are involved, you agree not to enforce any such rights against the Company, its employees or Affiliates.
Any submissions, uploads or postings on the Site are not made in confidence, and no fiduciary relationship is created between you and the Company.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by, or licensed to, the Company and will not be returned to you.
The Company respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide the Company, in electronic writing, the information specified below.
Please note that this procedure is exclusively for notifying the Company that your intellectual property rights have been infringed. The Company’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached via help@elementerrestudio.com.
YOU EXPRESSLY AGREE THAT:
(1) ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
(2) THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
(3) THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
(4) THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF THE COMPANY. THE SITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”). THE COMPANY HAS NOT REVIEWED ALL OF THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITES OR ANY FURTHER SITES LINKED THEREIN. YOUR ACCESS AND USE OF THE LINKED SITES IS AT YOUR SOLE RISK
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, OFFERINGS, AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You represent and warrant that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. To the extent permitted by applicable law, you agree to indemnify, defend and hold the Company and its subsidiaries, Affiliates, officers, members, employees, agents, and business partners harmless from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your violation of this Agreement; your use or misuse of the Site and the Content, and/or any Offerings, products and services available on or via the Site; any information, feedback, suggestions, ideas, content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; and any dealings between you and any third parties relating to the Site.
We maintain the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if we are made aware of the possibility of damage before such damage occurs.
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Section 11 (the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region.
California Consumer Rights Notice. Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this Site are Elementerre LLC, sometimes doing business as Elementerre Studio. Complaints regarding the Site or requests to receive further information regarding use of this Site may be sent by e-mail to help@elementerrestudio.com..
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
No Children. No individuals under 18 years of age are authorized to use the Site. Individuals submitting information via the Site represent that they are over 18 years of age. If you are under the age of 18, you must have your parent or guardian’s permission to use the Site; by using the Site, you are representing and warranting that you have obtained the necessary permissions do so.
Notices. All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Hassan Shaikh at help@elementerrestudio.com. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record.
Warranties and Consents. You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms herein as well as to disseminate any material you upload to the Site. You additionally consent to the use of electronic signatures whenever necessary and acknowledge that such electronic signatures are legally binding and enforceable.
Testimonials. The Site may include testimonials. The Company does not guarantee the accuracy of such testimonials, and in no event shall such testimonials constitute a guarantee, warranty, or prediction regarding your experience with the Company.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, or a breach of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you solely as a result of these Terms or your use of the Site. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of the provisions of this Agreement.
Assignment. You may not assign, delegate, transfer, or sublicense your rights or obligations under this Agreement. Any purported assignment, delegation, transfer or sublicense by you shall be ineffective and void. We may freely assign, delegate, transfer or sublicense any or all of our rights or obligations under this Agreement, without notice to you and without requiring your consent.
Survival. All provisions of these Terms shall survive termination or expiration of these Terms (to the extent permitted by law), except those provisions granting access to or use of the Site or the Offerings.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Any rights not expressly granted by these Terms are reserved by us.
Contact Information. If you have any questions, please contact us at help@elementerrestudio.com.
