2. Personal Information
Personal Information is collected when users voluntarily register with the Site or contact Elena, LLC via the Site in order to receive newsletters, new product launch information, and special events information or to answer surveys, enter contests and receive notices of other promotional opportunities, or when users or visitors of the Site (collectively, Site Users) otherwise voluntarily provide such information. Elena, LLC may use the Personal Information you provide for various purposes, such as to create a personal customer profile in order to let you know of products, services or events that may be of special interest to you. However, Elena, LLC will neither disclose nor sell any Personal Information about you to a party unaffiliated or unrelated to Elena, LLC except (i) to comply with applicable laws, regulations, subpoenas or court orders or otherwise respond to government inquiries, (ii) protect the rights or property of Elena, LLC or its affiliated or related entities or (iii) if Elena, LLC reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of any person or the public. Elena, LLC may appoint third party service providers to administer and/or operate certain functions or services relating to the Site or Elena, LLC’s operations and businesses, the performance of which may require or be facilitated by a transfer of the Personal Information submitted by you. Any such transfer shall be under strict confidentiality and security obligations and for the sole purpose of the performance of those obligations.
3. Additional Privacy Protection for Children Using the Internet
Elena, LLC does not intend to collect any Personal Information from children under the age of 13 years old. If we learn that a child under the age of 13 has provided Personal Information to the Site, we will promptly remove such information from the Site’s files.
4. Aggregate Information
Elena, LLC also collects aggregate information, which is used in a collective manner, and from which no individual person can be identified. The types of aggregate information we collect may include frequency of visits to the Site, search terms entered, Site pages most frequently accessed and/or location, age or gender of Site Users (collectively, Aggregate Information). By knowing more about the general profile of our Site Users (without identifying any specific individual’s characteristics), we believe we can improve your experience. Aggregate Information collected on the Site may be used and disclosed in any way. For example, we may collect and analyze collected Aggregate Information to determine how many visitors arrived at certain pages of the Site, how long they stayed on those pages, and where they went afterwards. This information allows us to determine which pages might be the most interesting to our visitors and enables us to provide them with a better and richer experience on the Site. Additionally, we may use Aggregate Information to improve the performance of our Site, and to customize the content and layout of our Site pages for you.
5. Information that is Publicly Available
When you create a User Account (as defined in the User Agreement), some information about your User Account and your account activity may be provided to other Site Users. This may include your username, the date you opened your User Account, the date you last logged into your User Account, your country, your zip code, and your interests.
Your username may be displayed to other Site Users when you engage in certain activities on the Site, such as when you upload photographs through the Site. Other Site Users can contact you by leaving a message or comment on the Site.
Any User Communications (as defined in the User Agreement, including, without limitation, photographs that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by other Site Users or the general public.
Any Personal Information, User Communications or other content that you voluntarily disclose online (e.g., photographs) may be collected and used by others. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION, ANY USER COMMUNICATIONS OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR ON THE SITE, YOU DO SO AT YOUR OWN RISK.
Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. For example, Elena, LLC will place a cookie on a visitor’s computer when he/she visits the Site. The next time that person visits the Site using the same computer, our server will recognize the cookie and the visitor. The deposit of cookies by the Site will allow Elena, LLC to save your preferences for your next visit. Elena, LLC’s cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows Elena, LLC to make improvements to our Site. Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Protecting your information is of primary concern to Elena, LLC. Elena, LLC stores the information that it collects on a secure server. Notwithstanding the foregoing, no transmission of information over the Internet is guaranteed to be completely secure. It is possible that third parties not under the control of Elena, LLC may be able to access or intercept transmissions unlawfully. While Elena, LLC will use all reasonable attempts to keep your information secure, Elena, LLC cannot absolutely guarantee that security. Thus, any information that you transmit to us is at your own risk.
8. Links to Other Sites
9. Information Removal
If you prefer not to receive all, some or any part of the information that the Site may provide to you, let us know by accessing your personal profile and changing the options of the information that you wish to receive. Or, you may choose to unsubscribe completely by sending an email to info@Elena, LLCmarketing.com. Please make sure to include your name, email address and any message. Please note that any requests may take up to six to eight weeks to become effective. Elena, LLC may still contact you to send you important information regarding the operation or administration of your personal profile. For additional information regarding Elena, LLC’s policies regarding the Site please see our User Agreement.
10. Business Transfers
In the event that Elena, LLC or its parent or any affiliates is acquired (whether by sale of assets or ownership interests) by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the Personal Information and Aggregate Information (Personal Information and Aggregate Information collectively, the Data) we have collected from Site Users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer the Data to a successor or to a third party that purchases our assets arising from such circumstances.
11. Storage of Personal Information & Maintenance of Site:
2. Ownership Rights & Use of Site Materials
You acknowledge and agree that all trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site (collectively, the Site Materials ) are the sole and exclusive property of, and are owned and controlled by, Elena, LLC, its affiliates, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly by implication or otherwise, any license or right to use any Site Materials without Elena, LLC’s or the applicable owner’s prior written permission in each instance. Elena, LLC reserves all rights in and to the Site and the Site Materials. The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) is protected as a compilation under the copyright laws of the United States and other countries. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
3. User Account
4. Age of Users
In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
5. Information You Provide
6. User Interaction
The opinions expressed by users and/or visitors of the Site (collectively, Site Users ) are not necessarily those of Elena, LLC, Elena Delle Donne or any entities thereof. All statements, advice, opinions expressed, and content provided by Site Users are those of such Site Users only, and we neither endorse nor shall be held responsible for such postings for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings or comments through the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online. Elena, LLC has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and Elena, LLC shall not be responsible or liable for) your interactions with other Site Users. Elena, LLC is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users ( Interactions ), or any disputes arising therefrom. You hereby irrevocably release Elena, LLC, Elena Delle Donne and/or any of their affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and conElena) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
7. Prohibited Activities
You may not submit, post, upload or transmit any material or content on or through the Site that:
violates or infringes in any way upon the rights of others;
solicits, encourages, or promotes the use of illegal substances or activities;
is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
expresses or implies that any statements made by you are endorsed by Elena, LLC or Elena Delle Donne;
gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g. viruses, worms, time bombs, Trojan horses).
9. Accuracy of Information
Elena, LLC takes all possible steps to ensure the accuracy of the information included in this Site. However, Elena, LLC takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
10. Copyright Infringement Claims
To send a notice, please forward the following information to email@example.com :
your address, telephone number, and email address;
a description of the copyrighted work that you claim has been infringed;
a description of the allegedly infringing material and of where the allegedly infringing material is located;
a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Monitoring & Removal of Content
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
13. Limitation on Liability
IN NO EVENT SHALL Elena, LLC, Elena Delle Donne AND/OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS (THE Elena, LLC PARTIES ), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONElena DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Elena, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Elena, LLC PARTIES SHALL NOT BE LIABLE FOR USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. No Waiver
The failure on the part of Elena, LLC to enforce any part of this User Agreement shall not constitute a waiver of any of Elena, LLC’s rights hereunder for past or future actions.
Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in Cleveland, Ohio.
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Elena, LLC Parties, including, without limitation, Elena Delle Donne. The views and opinions expressed on the Site do not necessarily state or reflect those of Elena, LLC Parties, including, without limitation, Elena Delle Donne