1. Who Can Use elloBEE
You may use this App only if you can form a binding contract with elloBEE, LLC. and if you agree to these Terms. Any use of our App, products or services by persons under the age of 13 is prohibited. You may also choose to create an account and become a registered user or access the App without registration.
2. Creating An Account
Creating an elloBEE account will allow you to login to the App and gain access to additional features such as the ability to create electronic business cards, the ability to scan and store traditional paper business cards, and other features. Registration will require you to provide your email address and a password. Once your account is created you may choose to create a personalized profile including your name, location, occupation, industry, and other personal information. Each person or company may create only one elloBEE account, and you must provide us with accurate and complete information at the time of registration. Failure to do so may constitute a breach of these Terms, which could result in the termination of your account. You can update, modify, or delete the information in your account at any time. If you wish to have your account and personal data permanently deleted please contact us. It is your responsibility to maintain your account and keep it secure. If you feel that your account security has been compromised please contact us immediately. You agree that elloBEE is authorized to comply with instructions received by your account, but is not obligated to, and may deny access or block any transaction made through the use of your email address and password if we believe your account is being used by someone other than you.
3. Acceptable Usage of Our App
Specifically, when using the App you agree:
• Not to post any user content that contains any information that is illegal, fraudulent, false, misleading, deceptive, sexually explicit, hateful, violent, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, profane, or otherwise objectionable;
• Not to use our App in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;
• Not to use our App in a way that infringes on the intellectual property rights of elloBEE, or any other person or entity;
• Not to access, tamper with, hack, or use non-public areas of our App or computer systems, including taking any measures to avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by elloBEE to protect our App;
• Not to access, scrape, upload, or download user content through the use of any engine, software, tool, agent, device, mechanism, automated scripts, spiders, robots, crawlers, data mining tools, or any other software;
• Not to send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
• Not to use our App for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by these Terms;
• Not to decompile, disassemble or reverse engineer any of our software or App;
• Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, or spamming;
• Not to collect or store any personally identifiable information from our App or from other users without express permission;
• Not to violate our Terms or any other applicable law or regulation, and not to encourage or enable any other individual to violate our Terms or to do any of the activities prohibited in these Terms.
4. User Content
You acknowledge that (i) you own and are solely responsible for the content that you submit, store, scan, post, or transmit (ii) that the content is accurate, (iii) that use of the content you supply does not violate these Terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify elloBEE and its affiliates for all claims resulting from content you supply. You grant elloBEE a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, delete, reproduce, modify, and distribute your user content for the purposes of operating, developing, providing, promoting, and using our App. Nothing in these Terms shall restrict our legal rights to user content. We reserve the right to remove or modify user content for any reason; including user content that we believe violates these Terms.
5. Our License to You
7. Intellectual Property
The materials on this App, as well as the organization, coding and layout of this App, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this App solely for your personal and non-commercial use. Any print out of this App, or portions of the App, must include elloBEE’s copyright notice. No right, title or interest in any of the materials contained in this App is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this App, create derivative works from, use on any other website or application, transfer or sell any information obtained from this App without the prior written permission of elloBEE. elloBEE respects the trademarks rights of others and expects our users to do the same. The policy of elloBEE is to terminate the accounts of repeat trademark offenders. If you believe that your work has been used in a way that constitutes trademark infringement please contact us.
8. Copyright Policy
elloBEE respects the copyright rights of others and expects users of our App to do the same. We will respond to notices of alleged copyright infringement that are properly provided to us. If you believe that your intellectual property has been used in a way that constitutes copyright infringement, please provide us with the following information:
(i) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number, and an email address;
(v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove content alleged to be infringing without prior notice, in our sole discretion. In appropriate circumstances, elloBEE may also terminate a user’s account. If you would like to file a copyright complaint please contact us.
9. Third-Party Links, Websites and Services
Our App contains links, services and other materials that are not owned or controlled by elloBEE. We do not endorse or assume any responsibility for any such third-party websites or applications, information, materials, products, or services. If you access any third party website, application service, or other content from this App, you do so at your own risk and you agree that elloBEE will have no liability arising from your use of the third-party website, application, service, or content.
10. Users Disputes
You are solely responsible for your interactions with other users. elloBEE reserves the right, but has no obligation, to monitor disputes between you and other users.
elloBEE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
This App is provided on an “as is” basis without warranty of any kind, whether express or implied. Our App is controlled and operated from the State of Pennsylvania in the United States, and we make no representations that it is appropriate or available for use in other locations.
elloBEE takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or transmits using our App. You understand and agree that you may be exposed to user content that is inaccurate or otherwise unsuited to your purpose.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, elloBEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL elloBEE’s AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
You agree to indemnify and hold harmless elloBEE and its officers, directors, employees and agents, from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees including costs of defense of claims, suits or proceedings brought by third parties, in any way related to (i) your access to or use of our App, (ii) your user content, or (iii) your breach of any of these Terms.
14. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Pennsylvania, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Pennsylvania or a United States District Court located in Pennsylvania, for any actions not subject to Section 15 (Arbitration).
For any dispute you may have with elloBEE, you agree to first contact us and attempt to resolve the dispute with us informally. If elloBEE is not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and elloBEE agree otherwise, the arbitration will be conducted in the state of Pennsylvania. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to our App. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, class action, or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you are waiving the right to a jury trial and the right to participate in a class action.
16. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of your use of our App or these Terms must be filed within one (1) year after such claim arose.
17. Separate Agreements
You may have other agreements with elloBEE in addition to these Terms. These Terms of Service do not modify, revise or amend the terms of any other agreements you may have with elloBEE.
18. Waiver and Severability
The failure of elloBEE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in effect.
19. Notification of Changes
elloBEE reserves the right to change these Terms from time to time at its sole discretion. If changes are made to these Terms, your continued use of the App indicates your consent to the Terms as posted.
20. Contact Information
If you have any questions or concerns regarding these Terms please contact: