Terms of Service

The Elistic.com website ("Website") is a hosted service operated by Elistic. Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Elistic's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.

  1. Your Elistic Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Elistic of any unauthorized uses of your account or any other breaches of security. Elistic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you contribute links, descriptions, comments, or otherwise make material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Elistic or otherwise.

    By submitting Content to Elistic, you grant Elistic a non-exclusive, world-wide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute the Content. You also release all Content under the Creative Commons Attribution-ShareAlike License.

    Without limiting any of those representations or warranties, Elistic has the right (though not the obligation) to, in Elistic's sole discretion (i) refuse or remove any content that, in Elistic's opinion, violates any Elistic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Elistics sole discretion.

  3. Responsibility of Website Visitors. Elistic has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Elistic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Elistic disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Elistic.com links, and that link to Elistic.com. Elistic does not have any control over those non-Elistic websites and webpages, and is not responsible for their contents or their use. By linking to a non-Elistic website or webpage, Elistic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Elistic disclaims any responsibility for any harm resulting from your use of non-Elistic websites and webpages.
  5. Trademarks. Elistic, Elistic.com, the Elistic.com logo, the stylized asterisk image, and all other trademarks, service marks, graphics and logos used in connection with Elistic.com, or the Website are trademarks or registered trademarks of Elistic or Elistic's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Elistic or third-party trademarks.
  6. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Elistic and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
  7. Limitation of warranties of Elistic, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and Elistic, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Elistic, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
  8. Limitation of liability of Elistic, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Elistic, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Elistic, its suppliers or its licensors were expressly advised of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 8 represents a reasonable allocation of risk.
  9. General Representation and Warranty. You represent and warrant that your use of the Website will be in accordance with the Elistic Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
  10. Indemnification. You agree to defend, indemnify and hold harmless Elistic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
  11. Miscellaneous. These Terms and Conditions constitute the entire agreement between Elistic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elistic, or by the posting by Elistic of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Broome County, New York. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Elistic may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Creative Commons License (Note: these Terms of Service are available under a Creative Commons Sharealike license, adapted from those generously provided by Wordpress.com)