State of Florida | Rev. 123C579 | |
ELUMPERS LLC TERMS AND CONDITION |
(Effective as of 01/08/2018)
GENERAL
Welcome to the Elumpers LLCwebsite that provides Users a reliable platform to find the perfect venue and vendors to make your event a memorable one. The following Terms and condition apply when you view or use the Elumpers LLCwebsite or services via www.elumpers.com
Please endeavor to review the following terms carefully. By accessing or using the Elumpers LLC platform or services, you signify your agreement to these Terms and condition. If you do not agree to these Terms, you may not access our website or use the Elumpers LLC platform or Services.
PRIVACY POLICY
Elumpers LLC respects the privacy of all its website users. Please refer to the Elumpers LLC Privacy Policy page, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Elumpers LLC website or services, you signify your agreement to Elumpers LLC Privacy Policy.
ABOUT ELUMPERS LLC
Elumpers LLC website allows you to have access to our full range of services such as Web design, Virtual assistant, CRM Software and Digital Marketing to help Provide effective and comprehensive tools and strategies that add value and fidelity to your brand. We are committed to doing what is right, honest and fair; We value brands and their products to such a degree that we consider ourselves part your team. Elumpers LLC websites also enable all users to register and have access to their account profile, account information, user history, & enjoy in our special Elumpers LLC offers and subscription.
Elumpers LLC strive to offer the best customer service and user experience. We always ensure you receive the best quality service irrespective of your demand. We provide the platform for our entire esteem clients to find the ideal services and professionals for your business and brand.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Elumpers LLC services & website.
If you are a user who registers with Elumpers LLC website to find a venue or vendor who offer services or perhaps manage an event Centre, he/she must have to create a personalized account in our website which includes a unique username and password to access the Elumpers LLC website and to receive promotional messages from Elumpers LLC.
You agree to notify us immediately of any unauthorized use of your password and/or account. However you agree that Elumpers LLC will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
USER RESTRICTIONS
Your permission to use the Elumpers LLC website is conditioned upon the following User Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- uses the Elumpers LLC services or website for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or Elumpers LLC agents;
- uses another user’s account without permission;
- provides false or inaccurate information when registering an account with Elumpers LLC;
- interfere or attempt to interfere with the proper functioning of Elumpers LLC website;
- makes any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account with Elumpers LLC website, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, and link to or otherwise make available via Elumpers LLC website.
You agree that Elumpers LLC are merely acting as a passive conduit for your online distribution and publication of your User Content. Elumpers LLC however, reserves the right to remove any User Content from our website at its discretion.
The following rules pertain to your User Content, by transmitting and submitting any User Content while using Elumpers LLC website & contents, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not provide information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm Elumpers LLC have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms and condition, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of Elumpers LLC website and contents is solely your responsibility. Elumpers LLC is not responsible for any public display or misuse of your User Content. Elumpers LLC does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with Elumpers LLC website.
ONLINE CONTENT DISCLAIMER
Elumpers LLC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over this website. Under no circumstances will Elumpers LLC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users.
Opinions, advice, statements, offers, or other information or content made available through Elumpers LLC website, but not directly by Elumpers LLC are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Elumpers LLC does not guarantee the accuracy, completeness, or usefulness of any information on the website and neither does Elumpers LLC adopt nor endorse, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Elumpers LLC website.
Though Elumpers LLC strives to enforce these Terms and condition you may be exposed to User Content that is inaccurate or objectionable. Elumpers LLC reserves the right, but has no obligation, to monitor the materials posted in the public areas of Elumpers LLC website or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms and condition or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]
Elumpers LLC shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our website and contents, please contact us support@localhost
LINKS TO OTHER SITES AND/OR MATERIALS
As part of Elumpers LLC, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”) these links are provided as a courtesy to products subscribers. Elumpers LLC has no control over such Sites and Third Party Applications, Software or Content or the promotions, materials, information, offers or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Elumpers LLC;
So therefore Elumpers LLC is not responsible for any Third Party Sites accessed through our website or any Third Party Applications, Software or Content posted on, available through or installed from Elumpers LLC website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Elumpers LLC.
If you decide to leave Elumpers LLC website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Hence, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the supposed site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
- Termination of Repeat Infringer Accounts. Elumpers LLC respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Elumpers LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the website who are repeat infringers. Elumpers LLC may terminate access for subscribers or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Elumpers LLC website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Elumpers LLC designated copyright agent at support@localhost
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit Elumpers LLC agent to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notices. If you believe that your User Content that has been removed from the Elumpers LLC website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court of US and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Elumpers LLC copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 30 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Elumpers LLC discretion) be reinstated on Elumpers LLC website in 20 to 30 business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via Elumpers LLC website, you expressly grant, and you represent and warrant that you have a right to grant, to Elumpers LLC a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Elumpers LLC website and products
INTELLECTUAL PROPERTY
You acknowledge and agree that Elumpers LLC and our licensors retain ownership of all intellectual property rights of any kind related to Elumpers LLC website, including applicable copyrights, trademarks and other proprietary rights. Other contents link and company names that are mentioned on Elumpers LLC website may be trademarks of their respective owners. Elumpers LLC reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through Elumpers LLC e-mail and messaging system, will not constitute legal notice to Elumpers LLC or any of its officers, employees, agents or representatives in any situation where notice to Elumpers LLC is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Elumpers LLC in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that Elumpers LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Elumpers LLC may also use your email address, to send you other messages, including information about Elumpers LLC features and special offers. You may opt out of such email by changing your account settings or sending an email to support@localhost
Opting out may prevent you from receiving messages regarding Elumpers LLC products or special offers.
LEGAL DISCLAIMER (WARRANTY)
ELUMPERS LLC SERVICES & WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ELUMPERS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR WEBSITE OR CONTENTS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELUMPERS LLC MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATING OUR WEBSITE OR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM ELUMPERS LLC WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT:
- ELUMPERS LLC DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS;
- ELUMPERS LLC WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES;
- YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELUMPERS LLC OR THROUGH THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH AGENT AND OTHER USERS OF THE ELUMPERS LLC WEBSITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ELUMPERS LLC WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH THIRD PARTY LINKS OR USERS VIA THE WEBSITE OR OTHERWISE.
YOU UNDERSTAND ELUMPERS LLC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF THIRD PARTY LINKS, USERS OR OTHER USERS OF THE ELUMPERS LLC WEBSITE OR SERVICES, NOR DOES ELUMPERS LLC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF LINKS, USERS AND OTHER AGENTS OF THE ELUMPERS LLC WEBSITE OR SERVICES.
ELUMPERS LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THIRD PARTY LINKS, USERS OR OTHER AGENTS OF THE ELUMPERS LLC WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR VENDORS OF THE ELUMPERS LLC WEBSITE OR SERVICES.
YOU THEREFORE AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ELUMPERS LLC WEBSITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ELUMPERS LLC WEBSITE OR SERVICES.
LIMITS UPON EXCLUSIONS OF LIABILITY
Nothing in this disclaimer will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
INTERACTIVE FEATURES
The Elumpers LLC website includes interactive features that allow users to communicate with us.
You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
Any assistance you may receive using our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELUMPERS LLC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE ELUMPERS LLC WEBSITE OR CONTENTS; (C) VENUELYST GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE ELUMPERS LLC SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ELUMPERS LLC OR ANY OTHER USER OF THE WEBSITE & CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELUMPERS LLC HAS 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a link or a merchant of our contents or service that you review using Elumpers LLC website, you release us (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, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS AND CONDITION
Elumpers LLC can amend these Terms and condition at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check Elumpers LLC website from time to time to view any such changes in the Agreement. If you continue to use Elumpers LLC website, you signify your agreement to our revisions to these Terms and condition. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.
For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Elumpers LLC rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Elumpers LLC. No purported waiver or modification of this Agreement by Elumpers LLC via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Elumpers LLC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Elumpers LLC must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITION, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT ELUMPERS LLC TERMS AND CONDITION TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT OF IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
COPYRIGHT LICENSE
Copyright (c) 2018(s) of first publication Elumpers LLC
Subject to the express provisions of these terms and conditions:
- We, together with our licensors, own and control all the copyright and other intellectual property rights in Elumpers LLC website and the material on our website; and
- All the copyright and other intellectual property rights in Elumpers LLC website and the material on our website are reserved.
LAW AND JURISDICTION
These Terms and condition and your use of Elumpers LLC website are governed by the federal laws of the United States of America and the laws of Maimi Florida, without regard to conflict of law provisions.
Elumpers LLC may assign or delegate these Terms and condition and/or Elumpers LLC Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and condition or Privacy Policy without Elumpers LLC prior written consent, and any unauthorized assignment and delegation by you is void.
Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of US.
CONTACT US
If you have any questions about these Terms & condition, please contact us at
Email: support@localhost
Phone: 1 (866) 888-1878