Client Terms & Conditions
Welcome to elephantMade. We’re grateful for each and every American patriot that chooses to use elephantMade.com so, from the bottom of our hearts, thank you.
Please read these Terms & Conditions carefully.
BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE CLIENT TERMS & CONDITIONS DESCRIBED HEREIN, AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT USE ELEPHANTMADE’S SERVICE.
Please note that Section 11 herein contains an arbitration clause and class action waiver. By agreeing to the Client Terms & Conditions, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions of any description.
- Accepting The Client Terms & Conditions
The Client Terms & Conditions (herein, “Terms”) comprise a legally binding contract between you and elephantMade, LLC.
This website is operated by elephantMade, LLC. These Terms apply broadly to your access to, and use of, the elephantMade.com website (http://www.elephantMade.com) operated by elephantMade, LLC and other elephantMade, LLC websites, services, API’s, Store and mobile applications, and other social media applications which link to or reference these Terms (the ‘Sites’).
elephantMade provides an online storefront and access to print-on-demand services for political candidates and committees seeking to outsource the printing and shipping component of custom-branded goods while receiving election law compliant donations from supporters. elephantMade, through contracted printers, dropshippers, and payment processors, uses client-provided logos and/or content to create custom merchandise (“Merchandise”), which can be shipped directly to customers (“Customers”).
elephantMade, LLC reserves the right to add, remove, change, or modify any of the terms and conditions contained in the Terms or any policy or guideline of its Sites (collectively, “Policies”) at any time and in its sole discretion. Any additions, removals, changes, or modifications to these Terms or Policies will be effective immediately upon posting them to, or linking them on, the Sites (or, in the case of removals, removing them from the Sites). You expressly waive any right you may have to receive any notice of such additions, removals, changes, or modifications. Your continued use of these Sites following the posting or removal of additions, changes, or modifications will confirm your unqualified acceptance. Accordingly, you must review the Terms and Policies from time-to-time to update your understanding of the Terms and Policies that apply to your use of elephantMade and its Sites. If you do not agree to the amended terms, in whole or in part, you must stop using the Sites.
The Terms and Policies currently posted on or linked to on elephantMade or the Sites supersede any other agreement between you and elephantMade, LLC regarding the Services. If any part of the Terms or Policies is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms and Policies will otherwise remain in full force and effect. Failure to enforce any part of the Terms or Policies is not a waiver of elephantMade, LLC’s right to later enforce that or any other part of the Terms or Policies. We may assign any of our rights and obligations under the Terms and/or Policies.
In order to enjoy all of elephantMade’s benefits, you may register your account and become a member (“Member,” “Membership”). Membership requires that you register on elephantMade by answering certain questions and providing certain personal and campaign/committee information. To complete registration, you shall provide a valid email address properly designated to you and a password. You may cancel your membership at any time through a link on elephantMade.com. You may opt out of marketing and promotional emails. You may never use another user’s elephantMade account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to notify elephantMade immediately of any breach of security or unauthorized use of your account. Although elephantMade will not be liable for losses incurred by you and/or your Customers due to any unauthorized use of your account, you may be liable for the losses of elephantMade, elephantMade, LLC, or others due to such unauthorized use.
elephantMade or elephantMade, LLC may modify, suspend or discontinue any or all Services, Merchandise, fees, charges, terms or policies at any time, including the availability or functionality of any feature, or content. elephantMade may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
By using elephantMade and its Services and/or Sites, you certify to elephantMade the following: (1) your designated contact (“Contact”) is at least 18 years of age and able to enter into a legal contract with elephantMade, LLC; (2) you are a U.S. based political campaign or committee properly registered as such in the state, district, county, city, locality, or other area in which you must be registered; (3) you are legally able to accept donations from individuals who are U.S. citizens; and (4) you will, as your sole responsibility, complete all mandatory compliance and/or disclosure reports incorporating donations received through the use of elephantMade, and you recognize that elephantMade does not complete or file any such reports. You also certify that you are legally permitted to use the Services, and take full responsibility for the selection and use of elephantMade and the Services and/or Sites. You certify your understanding that your agreement to these Terms and/or your use of elephantMade and its Sites or Services does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and elephantMade. This Agreement is void where prohibited by law, and the right to access elephantMade and its Services and Sites is revoked in such jurisdictions.
- elephantMade’s Intellectual Property
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, all names, logos (specifically including without limitation the elephantMade logo and logos belonging elephantMade’s clients), designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, merchandise designs, merchandise names, and files, as well as the selection and arrangement of said content and materials (collectively, the ‘Site Materials’) are the proprietary property of elephantMade, LLC or its licensors or users and are protected by U.S. and international copyright laws.
The look and user experience of elephantMade, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of elephantMade, LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned on elephantMade or the Sites are the sole property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by elephantMade, LLC. You may not use any metatags or any other hidden text utilizing ‘elephantMade’ or any other name, trademark or product or service name belonging to elephantMade, LLC without our prior written permission.
Use of any mark, trademark, trade dress or service mark belonging to elephantMade, LLC in reference to our Merchandise or Services must include a statement attributing that mark to us. You must not use any of our intellectual property in or as your own trademark or in connection with activities, Merchandise, or Services which are not ours or in any manner which may be confusing, misleading or deceptive to the public; or in a manner that disparages us or our information, products, Merchandise, or Services (including elephantMade and its Sites).
- Your Account
In order to use elephantMade and/or its Services, you will need to create an account. elephantMade account creation requires the following:
- Your designated contact must be at least 18 years old and legally able to enter a binding contract on your behalf. The person creating the elephantMade account personally guarantees that he/she has the authority to agree to the Terms and Policies on behalf of the business, campaign, or committee that will receive any donations through elephantMade.
- All information provided to elephantMade must be truthful and accurate. False, misleading, or incorrect accounts will be removed immediately.elephantMade assumes no responsibility or liability for removal of accounts or any error or failure due to incorrect or false information provided by you.
- The account owner is solely responsible for any and all activity on the account.
D.elephantMade accounts are not transferrable.Each new committee or campaign requires a new account. For example, should an individual run for one position, then for another, he will need to create a new campaign account for his separate campaign.
- Create an appropriate and unique username.Out of respect for your campaign/committee and our mission to help you win, we will refuse (or remove the account of) any username that is offensive, refers to any third party, or exposes us to any form of liability or embarrassment.
- Create a unique password, and keep it safe.While you have agreed that you are solely responsible for any and all activity on your elephantMade account, it is worth noting that a unique and lengthy password is important to protect unauthorized access. As with any important account, protect the password and be sure to limit the account’s use to reliable, trustworthy individuals in your campaign or committee.
- Your Logos and Content
Content and/or logos that you upload to elephantMade or its Sites or Services is your content (“Client Content”) and we do not make any claim to it. Client Content includes usernames, shop names, logos, photos, campaign/committee information, etc.
- Client must have Right to use Client Content.By using elephantMade or its Sites or Services, you warrant that you have all necessary rights to Client Content and you are not infringing upon or violating any third party’s rights by using it on elephantMade’s platform.
- You are Responsible for Client Content. Any content uploaded or posted to elephantMade is your sole responsibility. elephantMade expressly denies any ownership or interest in Client Content outside of the license described herein.
- License to Use Client Content. You grant elephantMade, LLC a license to use and distribute all Client Content uploaded or posted to elephantMade or its Sites or utilized in its Services. Such license incorporates a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Client Content to provide the Services and to promote elephantMade, LLC, elephantMade.com, or the Services in general, in any formats and through any channels, including across any elephantMade, LLC Sites or Services or third-party website or advertising medium.
- Unauthorized Client Content.elephantMade, LLC will not permit violation a third party’s intellectual property rights by use of the Sites or Services. Please notify elephantMade, LLC immediately if you discover content that infringes on intellectual property rights of you or others. elephantMade, LLC reserves the right to remove or suspend any Client Content upon notice of such infringement.
- Offensive, Inappropriate, False, Deceptive, or Illegal Content.The purpose of Client Content is to allow you to customize merchandise, build brand recognition, and advertise your campaign or committee. Client Content outside of these purposes may be inappropriate and elephantMade, LLC reserves the right to remove any Client Content it deems inappropriate at its sole discretion. You understand that elephantMade has a specific political identity to support Conservative candidates and organizations. With that in mind, you agree that you will not post anything that undermines our political identity or that might subject elephantMade, LLC to civil, criminal, or regulatory consequences. elephantMade, LLC respects and values the professionalism and integrity of your campaign or committee and we ask the same respect from you. Client Content including vulgarity, obscenity, defamation, or threats, whether in the form of text or graphics, will be removed without notice. You agree not to post any Client Content that is false or deceptive. You agree that you will not use the Sites or Services in a manner that is fraudulent, misleading, or illegal.
- License to Use Our Services
elephantMade reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications as posted on elephantMade. Your use of the Service following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send ElephantMade a written notification, including via email (and your ElephantMade account will be deleted), or close your account within 30 days of notice.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions:
- Use of elephantMade must be Lawful.You agree that you will not violate any laws in connection with your use of elephantMade or its Sites or Services. This includes any local, state, federal, and international laws or treaties that may apply to you. Political, candidate, and issue committees, as well as political candidates for any office, agree not to violate any federal, state, local, or other applicable elections law.
- Do Not Steal Our Stuff.You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- Do Not Try to Harm Our Systems.You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy.The name “elephantMade” and the other elephantMade marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of elephantMade. They may not be used without permission from elephantMade.
- Do Not Pretend to Be Something You Are Not. ElephantMade is a business built on a political identity with a political, as well as profit-making, purpose. Do not pretend to be something you are not. Providing any false or misleading information to elephantMade shall result in the termination of your account.
- Account Termination
ElephantMade, LLC reserves the right to remove, terminate, or suspend your account (and any related accounts) and your access to the Sites and Services at any time, for any reason, without advance notice, and with no explanation. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Sites and Services. If we suspend an account, the period of time is at the sole discretion of elephantMade, LLC and may last forever.
If, for any reason, you wish to terminate your account, you may send written notice to elephantMade via email and your account will be deleted within 30 days.
- Political, Party, Candidate, and Issue Committees
ElephantMade, LLC is not responsible for any user’s adherence to, compliance with, and responsibilities under any federal or state elections laws. ElephantMade, LLC serves as a marketplace for political, party, candidate, and issue committees and provides these users with all necessary reporting and compliance information as understood by elephantMade, LLC. It is the sole responsibility of any political, party, candidate, and issue committee who use the Sites and Services, to adhere to and enforce contribution limits, file any and all disclosures under applicable federal and state elections laws, abide by any and all elections laws, and generally do the right thing.
- Contribution Policy
All items purchased from a political, party, candidate, and issue committee are considered contributions. All contributions to a political, party, candidate, or issue committee must be from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions may not be made by any federal government contractor nor by any foreign national lacking permanent-resident status in the United States.
Contributions to political, party, candidate, and issue committees are not deductible for federal and state income tax purposes. Funds received in response to any solicitation will be subject to federal contribution limits. Federal land state laws require us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals purchasing products from political, party, candidate, and issue committees.
- Payments and Fees
elephantMade may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify elephantMade through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. If you have used another person’s card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse elephantMade for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. elephantMade at its sole discretion may change, suspend or discontinue these discounts at any time.
- Products and Services
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously such products will not be shipped out to you or your Customers, however they can still be used for charitable purposes. elephantMade reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
- Purchase of products
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
elephantMade shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. elephantMade will not be responsible for missed delivery because of a wrong delivery address or an inaccurate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact elephantMade.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
- Shipping and Returns
Once you have clicked on the “confirm” button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to elephantMade investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case elephantMade will not make any refunds and will not resend the Product.
elephantMade will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if elephantMade is at fault and (b) elephantMade receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.
- Warranties and Limitations of Liability
- Items You Purchase.You understand that elephantMade, LLC does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so elephantMade cannot make any warranties about their quality, safety, or even their legality. ElephantMade expressly denies all warranties, including the warranty of merchantability. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release elephantMade from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
- Content You Access.You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. ElephantMade is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- People You Interact With.You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
- elephantMade is dedicated to making our Services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
- the Services will be secure or available at any particular time or location;
- any and all errors which are elephantMade responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
- Liability Limits. To the fullest extent permitted by law, neither elephantMade, nor our employees or directors shall be liable to you and your Customers for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.
- Responsibility of site members and visitors
Violation of this Agreement or any other rules will result in the termination of your elephantMade account.
elephantMade and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the elephantMade Services. Without limiting the foregoing, elephantMade and its designees shall have the right to remove any Content. You 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 elephantMade or submitted to elephantMade, including without limitation information in elephantMade collaborations, posts and in all other parts of the elephantMade Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing elephantMade with accurate information (including but not limited to your retail price if you are a Merchant). If you have provided elephantMade with inaccurate or false information, (a) you shall be liable to elephantMade for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information and (b) you shall reimburse such damages and losses (including but not limited to taxes) to elephantMade, and (c) elephantMade shall have the right to charge the you for such damages and losses (including but not limited to taxes).
IN NO EVENT SHALL ELEPHANTMADE OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ELEPHANTMADE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ELEPHANTMADE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ELEPHANTMADE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ELEPHANTMADE FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless elephantMade, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of, or related to, any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, your account’s infringement of someone else’s rights or any act or omission relating to the Site or the User Content, including, without limitation, any actual or threatened suit, demand or claim made against elephantMade and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
You will indemnify and hold elephantMade (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party (including your Customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
You release us (and our officers, directors, agents, affiliated companies, 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. You agree that elephantMade has no control over and does not guarantee the delivery of the advertised collaborations and that elephantMade shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
- Disputes with elephantMade
- Governing Law.The Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, and the laws of the United States of America.
- Arbitration.You and elephantMade agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them hereor by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and elephantMade are each waiving the right to trial by jury or to participate in a class action or class arbitration.Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Arbitration.Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $1,000, elephantMade will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
- Forum.We are based in Colorado, so any legal action against elephantMade related to our Services must be filed and take place in Colorado. That means the seat of any arbitration shall be Colorado. For any actions not subject to arbitration, you (where your contract is with elephantMade, LLC) and elephantMade agree to submit to the personal jurisdiction of a state court located in Denver, Colorado.
- Government Exception.If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Colorado.
- Modifications.If we make any changes to this “Disputes with elephantMade” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against elephantMade prior to the date the changes became effective. ElephantMade will notify you of substantive changes to the “Disputes with elephantMade” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send elephantMade a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and elephantMade in accordance with the provisions of this “Disputes with elephantMade” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Mobile Communications
If you consent to receive updates or other information by mobile phone or text message (the “SMS Service”), you consent to receiving periodic text messages from us, participating political, party, candidate, and issue committees, and our otherwise communicating with you via your mobile device. We do not charge for this SMS Service. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
- Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
- Final Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and elephantMade regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ELEPHANTMADE, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE ‘SERVICES’) ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ELEPHANTMADE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. ELEPHANTMADE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
ELEPHANTMADE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE ELEPHANTMADE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, ELEPHANTMADE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ELEPHANTMADE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
elephantMade reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
ElephantMade reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ElephantMade
- Questions and Contact Information
Questions or comments about elephantMade, its Sites or its Services may be directed to [email protected]