Elite Workgroups: File Sharing & Photo Terms of Service

Do not post copyrighted information without the permission of the copyright owner. Do not upload photos or files into Workgroups that contain illegal images. Please exercise good judgment.

Eliteweb Inc. (Eliteweb) provides users with access to a file sharing and photo album section of Elite Workgroups. This free program allows users to exchange data with each other in either a public or private Club. Use of these programs (the “Service”) is an acknowledgment that you agree to be bound by the rules and regulations set out in both the Eliteweb Terms of Service and the File Sharing and Photos Terms of Service.

1. MEMBER CONDUCT

You understand that all information, data, text, software, sound, music, graphics, video, photographs, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Eliteweb, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via any Eliteweb service. Eliteweb does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Eliteweb be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
3. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes," "chain letters," or any other form of solicitation, except in those areas that are designated for such purpose;
4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, harassing, threatening, abusive, tortious, defamatory, obscene, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6. impersonate any person or entity, including, but not limited to, an Eliteweb official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. harm minors in any way;

You acknowledge that Eliteweb may or may not pre-screen Content, but that Eliteweb and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Eliteweb and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable. You fully agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Eliteweb or submitted to Eliteweb, including without limitation information obtained VIA the Club file sharing section or photo album, and in all other parts of the Service.

You acknowledge, consent and agree that Eliteweb may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Eliteweb, its users and the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Eliteweb and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

2. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada, or the country in which you reside.

3. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Eliteweb does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Eliteweb the following world-wide, royalty free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas Elite Workgroups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Elite Club to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Eliteweb removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Eliteweb removes such Content from the Service.

4. INDEMNITY

You agree to indemnify and hold Eliteweb, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

5. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Eliteweb may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum size of any file or photo, the maximum disk space that will be allotted on Eliteweb’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Eliteweb has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Yahoo! reserves the right to modify these general practices and limits from time to time.

6. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Eliteweb respects the intellectual property of others, and we ask our users to do the same. Eliteweb may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Eliteweb’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You can obtain all the necessary contact information in the Directory of Service Provider Agents for Notification of Claims of Infringement operated by the U.S. Copyright Office. (http://www.copyright.gov/onlinesp/list/e_agents.html).

Please click here to contact us if you wish to report a violation of these terms of service.