Even though you may feel that reading the Terms of Use of a service like Ello is a boring waste of time, we highly recommend that you read Ello's.
Your privacy is a big deal to us, and by choosing to use Ello, you are bound to the terms of this agreement — which is binding. That means that if you don’t agree to these Terms, please don’t use Ello.
This is a contract between you and Ello, Inc. (“Ello”, “us”, “we”), which is applicable when you use our web sites, services, mobile applications, products, and content provided by Ello, globally, in existence now or in the future, forever and ever (“Ello Services” or “Service”).
We don’t claim ownership over anything that you own and that you post on Ello. However, when you post or transfer content to Ello, you give us permission without limitation to use it in such a way that we can display, store, reproduce, and distribute it.
When you post on Ello, you are agreeing to allow others to view your content.
We have the right (though no obligation) to refuse or remove any content you post or transfer to Ello for any reason.
We will never sell your content for use by third parties without your permission.
You may delete your content from Ello or ask us to delete your account at any time. However, there may be a delay between your request and when the content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of user content on our servers, and some of your content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or content, it may be permanently unrecoverable.
You are responsible for the things you submit to Ello. You assume all risks associated with it, including accuracy, intellectual propety claims, or any other legal rights claims. When you post text, photos, videos, or other content on Ello, you represent that you have the rights to post that content on Ello. You may not impersonate others.
We may modify our Services at any time, since Ello is a constantly changing and evolving service. We may delete or modify to any part or all of this service at any time, without notice. If the changes we make are significant we will let you know by posting a notice on our web site, or by email. This notice will be designated as a reasonable amount of time after which the new terms will go into effect. If you don’t agree with the new terms, please delete your account before the end of the notice period.
If you haven't uploaded a profile picture or header image within 60 days of creating your account, we may remove your account and allow another user to select your username. We will send you a warning e-mail before doing so.
Also, if you haven't logged into your account for 365 days, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.
You must use and maintain a valid e-mail address, or your account will be deleted.
If you use a robot to post on Ello, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.
Ello, Inc. owns all rights to our logo, services, apps, and our website, including any intellectual property rights related to it. You may not reuse, copy, or duplicate any part of the site, including the Ello HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Ello.
When you use Ello, you consent to the Ello Privacy Policy.
You need to be 13 years or older to use Ello. If you’re under 13, please don’t use Ello. If we learn that you or anyone else is under 13 and is using Ello, we’ll close the child’s account.
We do our best to protect our service from security vulnerabilities, and to make Ello better. You can read about this in our Security Policy.
Ello has rules that all users must follow. You can find them here.
Ello complies with the Digital Millennium Copyright Act. We will terminate copyright infringers when legally required or appropriate.
You can contact Ello’s Designated Agent for receipt of infringement notices here:
Ello, 47 Maple Street #111, Burlington, VT 05401 or by emailing [email protected].
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USE RESTRICTIONS. THE RIGHTS GRANTED TO YOU IN THESE TERMS ARE SUBJECT TO THE FOLLOWING RESTRICTIONS: (A) YOU SHALL NOT LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, HOST, OR OTHERWISE COMMERCIALLY EXPLOIT THE SITE, WHETHER IN WHOLE OR IN PART, OR ANY CONTENT DISPLAYED ON THE SITE OR SERVICE; (B) YOU SHALL NOT MODIFY, MAKE DERIVATIVE WORKS OF, DISASSEMBLE, REVERSE COMPILE OR REVERSE ENGINEER ANY PART OF THE SITE OR SERVICE; (C) YOU SHALL NOT ACCESS THE SITE OR SERVICE IN ORDER TO BUILD A SIMILAR OR COMPETITIVE WEBSITE, PRODUCT, OR SERVICE; AND (D) EXCEPT AS EXPRESSLY STATED HEREIN, NO PART OF THE SITE OR SERVICE MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS.
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No Warranty. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO ELLO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
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ENTIRE TERMS. THESE TERMS AND THE REST OF OUR LEGAL TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE USE OF THE SITE AND SERVICE. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. THE SECTION TITLES ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT. THE WORD INCLUDING MEANS INCLUDING WITHOUT LIMITATION IF ANY PROVISION OF THESE TERMS IS, FOR ANY REASON, HELD TO BE INVALID OR UNENFORCEABLE, THE OTHER PROVISIONS OF THESE TERMS WILL BE UNIMPAIRED AND THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED MODIFIED SO THAT IT IS VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR RELATIONSHIP TO ELLO IS THAT OF AN INDEPENDENT CONTRACTOR, AND NEITHER PARTY IS AN AGENT OR PARTNER OF THE OTHER. THESE TERMS, AND YOUR RIGHTS AND OBLIGATIONS HEREIN, MAY NOT BE ASSIGNED, SUBCONTRACTED, DELEGATED, OR OTHERWISE TRANSFERRED BY YOU WITHOUT ELLO’S PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT, SUBCONTRACT, DELEGATION, OR TRANSFER IN VIOLATION OF THE FOREGOING WILL BE NULL AND VOID. THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS SHALL BE BINDING UPON ASSIGNEES.
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THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY REQUIRE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. IF YOU BELIEVE THAT ELLO HAS NOT ADHERED TO THESE TERMS, PLEASE CONTACT ELLO BY E-MAIL AT [email protected]. WE WILL DO OUR BEST TO ADDRESS YOUR CONCERNS. IF YOU FEEL THAT YOUR COMPLAINT HAS BEEN ADDRESSED INCOMPLETELY, WE INVITE YOU TO LET US KNOW FOR FURTHER INVESTIGATION. IF YOU AND ELLO ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND ELLO WILL SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS DENVER, COLORADO OFFICE. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND ELLO AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN ELLO AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ELLO ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND ELLO OTHERWISE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Copyright © 2014, Ello, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site and Service are our property or the property of other third parties. You are not permitted to use these Marks.
Feedback is highly appreciated. Contact us at [email protected].