Terms and Conditions of Use
Last Updated: March 9, 2017
1. Site Availability/User Eligibility. The Site is available worldwide and may be operated from various locations both within and outside the United States. The Site may be hosted by Elavon or a third party vendor of Elavon. You should only access and use the Site, Content and Services from locations where such access and use are not prohibited by applicable law. If you access or use the Site, Content or Services from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory from which you access or use the Site, Content or Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, Content and Services. You should not access or use the Site if you are under the age of 18 years of age. The Site, Content and Services may only be used for the intended purpose for which they are being made available.
3. Copyright and Ownership. The Site and the APIs and Documentation (defined below) and all of the other materials and content featured or displayed on the Site, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (collectively "Content"), is owned by Elavon, its licensors, vendors, agents and/or its Content providers, and all rights in and to the Site and Content are reserved. Except as otherwise set forth in these Term of Use or as permitted by applicable law, you are authorized to view, play, print and download Content for informational, evaluation and testing purposes only. Except as otherwise set forth in these Term of Use or as permitted by applicable law, you may not modify, copy, reproduce, distribute, transmit, publicly display or perform, publish, license, create derivative works from, transfer or sell any Content. You may not remove any copyright, trademark or other proprietary notices from the Site, Content or Services.
4. License to APIs. Elavon may make available on the Site certain application programming interfaces (each an "API") and certain documentation and other Content associated with the APIs ("Documentation"). Unless other specific terms and conditions are provided by Elavon in connection with the API, Elavon grants you a limited, revocable, non-exclusive, non-transferable license to access and use the APIs and their Documentation for the sole purpose of testing the integration of the APIs into applications owned or properly licensed by you (the "Applications") and to test the ability of such Applications to transmit and receive test data to and from Elavon. You acknowledge and agree that, in order to distribute commercially or otherwise utilize in production any Application you may develop using the APIs, you will be required to enter into an additional agreement with Elavon.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site, Content and Services.
7. User Submissions. Portions of the Site may permit you to create, upload, share, post or otherwise transmit videos, photos, messages, feedback, recommendations, tips or other materials, items or other Content ("User Submissions"). While you retain all your rights to any User Submissions, by creating, uploading, sharing or posting User Submissions on our Site in any manner, you do expressly grant Elavon a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display your User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the Site, Content and Services. Any User Submissions are deemed non-confidential, and Elavon shall be under no obligation to maintain the confidentiality of any information or ideas, in whatever form, in any User Submissions. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of creating, uploading, sharing, posting or otherwise transmitting them.
In no event shall you represent or suggest, directly or indirectly, Elavon"s endorsement of any User Submissions.
8. Restrictions on Use.
In accessing and using the Site, you must comply with all applicable laws, rules and regulations, this Agreement and any applicable Additional Terms and you may not:
- request or otherwise attempt to obtain or store, personal information, passwords, account information or any type of information of other users;
- disguise the origin of any User Submission;
- collect or use any Content on the Site except as expressly permitted in this Agreement or any applicable Additional Terms;
- make any derivative use of the Site or Content except as expressly permitted in this Agreement or any applicable Additional Terms;
- use any automated means to access the Site for any purpose or otherwise use any data mining, robots, spider, scraper or similar data gathering and extraction tools;
- upload any material that contains viruses, malware, or other contaminants (including, but not limited to, worms, bots, logic bombs, trojans, trap doors, back doors, exploits or any self-propagating or other similar programs) that may infect, damage, disable, interfere with, intercept or expropriate the operation or another"s computer, data or other property;
- access or attempt to access content on the Site through any interface except for the publicly provided interfaces provided by Elavon;
- frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout or form) of Elavon, its Content providers or its affiliates;
- take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- create a link to the Site, including a deep-link that bypasses the Site"s home page; or
- bypass any measures we may use to prevent or restrict access to the Site.
In addition, you must not create, upload, share, post or otherwise send or transmit any User Submissions that:
- violates or infringes a third party"s intellectual property rights or any other rights of a third party;
- is threatening, disparaging, derogatory, unlawful, violent, abusive, libelous, obscene, lewd, pornographic, sexual in nature, profane or defamatory or otherwise offensive or that could constitute or encourage criminal conduct or give rise to civil liability, or otherwise violates any law;
- contains false, misleading or inaccurate information;
- poses a threat to any person or the public"s safety;
- does not pertain to the subject matter of the Site;
- contains advertising or promotional materials or any other form of solicitation; or
- contains information relating to a third party including the name or likeness of a natural person.
Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
10. Third Party Links. From time to time, the Site may contain links to other websites. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither Elavon nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Elavon nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.
12. DISCLAIMERS. Your use of the Site, content and services is at your own risk. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ELAVON NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE SITE. In addition, Elavon does not guarantee continuous, uninterrupted or secure access to our Site, CONTENT or Services, and operation of the Site may be interfered with by numerous factors outside of our control. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER ELAVON, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELAVON OR THROUGH THE SITE, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITATIONS OF LIABILITY. TO THE FULLEST EXPETENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ELAVON, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITE, CONTENT OR SERVICES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, COST OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF GOODWILL ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, CONTENT, SERVICES OR ANY WEBSITES LINKED TO THE SITE. YOU AGREE THIS LIMITATION SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, CONTENT OR SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15. Release. In the event that you have a dispute with one or more other users of the Site, you release Elavon (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, including without limitation any intellectual property dispute.
18. Transmission of Personal Data. You acknowledge and agree that by providing Elavon with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Elavon"s standard business practices.
Elavon may cooperate with any law enforcement authorities, lawful process, warrant, court order or subpoena requesting or directing us to disclose the identity of anyone utilizing the Site, Content or Services or requesting or directing us to provide any other information regarding use of the Site, Content or Services.