www.elated.com Terms of Use
By browsing or using our Websites at http://www.elated.com/ and http://store.elated.com/, or downloading any material from the Websites, you are indicating your acceptance of the Terms of Use below.
DEFINITIONS
www.elated.com - The entire website found at http://www.elated.com/, including all text, images and other online content that comprise the website.
store.elated.com - The entire website found at http://store.elated.com/, including all text, images and other online content that comprise the website.
The Websites - The sites www.elated.com and store.elated.com.
The Content - All content, including but not limited to all text, code, images, graphics, icons, animations, clipart, website templates, Photoshop actions, forum content and messages, that comprise the Websites.
Elated - Elated Communications Ltd, of Brighton, UK, the sole owner of the copyright and all other rights in and to www.elated.com.
The User - The person who is using www.elated.com, i.e. you.
COPYRIGHT
All of the Content is copyright © Elated Communications Ltd 1996-2008 and may not be reproduced without permission.
If you use any of the Content on your website, you must include a copyright message on your website as follows:
"Portions of this website were created using the free web resources available at www.elated.com and are copyright Elated Communications Ltd 1996-2008"
Alternatively, if using a PageKit, you can instead leave in the copyright message and link that appears in the template:
"ELATED PageKits © 2008 ELATED.com/PageKits.com"
The copyright message must appear on at least one page of your website, and that page (or pages) must be easily accessible from the main page of your website. The message should be easily visible to anyone visiting the page, and should not be hidden so that it is only visible by examining the source HTML.
PERMITTED USAGE
The User may use the Content for producing their own personal websites, or websites for their own business, provided the websites belong to the User, and that the User does not imply that they created the Content or that they claim any ownership of copyright over the Content. The Content may not be used to produce material that is obscene, racist, pornographic or otherwise of an adult nature.
The User may modify and use the Content for their own use. The User may not use the Content to produce derivative work for a third party.
For example, if you're a business wanting to use a PageKit or some of the images in the ImageKits for your own bar/bookshop/restaurant etc, then that's fine, even if you're taking money over the site. What's not fine is if you're a web designer using any of the PageKits, ImageKits or other Elated content to produce a website for a client, whether you're getting paid for it or not.
If you're a web designer, you may not use any of the Content (e.g. a PageKit) to produce your web design site, or claim that any of the Content was produced by you, or use any of the Content as "examples" of your work.
The user may not use the ELATED "smiling face" logo, wording, graphics, or any other element or elements that comprise ELATED's branding or the Websites' general "look and feel", to produce a website or any other work.
REDISTRIBUTION OF CONTENT
Redistributing the Content, or any portion thereof, in any form, under any name, on its own or with other products (commercial or otherwise), without the prior written permission of Elated is forbidden.
The User may not redistribute any part of the Content on another website, on a CD-ROM, or on any other form of media without the prior written permission of Elated.
The User may not sell, rent, or lease the Content to any individual or organization.
RESELLING OF CONTENT / PERSONAL USE ONLY
The User may not use any of the Content to design or produce websites or any other derivative work for a third party, whether for free or for profit.
LIABILITY
The Websites are provided "as is" and without any warranties as to performance or merchantability, or any other warranties, whether expressed or implied. The User accepts the Websites "with all faults".
No warranty of fitness for a particular purpose is made with respect to the Websites. The User assumes the entire risk of using these Websites. Under no circumstances shall Elated be required or obliged to provide any support or assistance to the User with respect to the Websites.
Under no circumstances shall Elated be liable for any incidental, special or consequential damages or loss, including, without limitation, lost profits or the malfunction of equipment, loss of data or interruption of business, whether such damages are based upon a breach of contract, negligence, strict tort, or any other legal theory, even if Elated is made aware of the possibility of such damages.
Under no circumstances shall Elated be liable for any conduct of any person or persons that is associated with the usage of the Websites.
INTERPRETATION
This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.