Description & Definitions

eL offers a platform for posting and using the web-bibliographic and multimedia resources. Here some definitions of the terms:

Platform: is comprised of web-bibliographic and multimedia resource contents. The platform is created by Users or by us and provided, through the use of the eL, for Users to share informations.
Users: are people who register on eL to create, find, visit, use, and contribute to the platform, which can include posting Content or responding to Content.
Platform Creators: are Users who have created the eL platform.
Content: means any work of authorship, including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the eL Platform. Users upload Content to the Platform.
Ownership of Content: eL does not claim any ownership rights in the Content you provide. You, as the User, own the Content you create or you are admitted to distribute by the author, and upload ("your Content"). After posting your Content you continue to retain all ownership rights, or your License right in such Content, you continue to have the right to use and license your Content and you have the right to use the content not beyond the limits the content’s license states.

These Terms of Service includes a number of licenses that are necessary for eL to make your Content available through the eL Platform. For example, without the right to modify Content, eL would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, eL could not make the Content available for other Users to view.

License from You

Your Content remains yours. We claim no ownership interest in the Content you provide on the eL Platform. However, we also want to encourage sharing of Content between Users. To this end, by uploading Content to the platform, you grant to eL and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author.
Unless you expressly state alternative applicable license terms in connection with your Content submission, the creative Commons License will apply by default to the Content.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content.

Acceptable Use and Conduct

You also agree not to post, email, or otherwise make available any Content that:

Is unlawful, harmful, threateeL, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or harms minors in any way.
Harasses, degrades, intimidates or is hateful toward an individual or group of individuals.
Impersonates a eL employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
Includes personal or identifying information about another person without that person’s explicit consent.
Is false, deceptive, misleading, deceitful, or constitutes "bait and switch".
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Copyright Infringement by Users

You, as the user, agree to promptly address any copyright owner’s written notice (including any notices forwarded to you by eL) that specified Content provided by User of a Network that you control infringes that third party’s copyrights, provided that the notice substantially complies with the requirements in the eL DMCA notice page. If you do not promptly remove the Content specified in the notice, eL may remove the Content without any liability to you or to the User that posted such Content.

Disclaimer of Warranties

YOUR USE OF THE eL PLATFORM, AND ALL CONTENT, IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE eL PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eL AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER eL NOR ANY USER MAKES ANY WARRANTY THAT THE eL PLATFORM, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

YOU AGREE THAT eL SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF eL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE eL PLATFORM OR ANY CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE eL PLATFORM OR CONTENT;

Updates to Terms of Service

These Terms may be updated or changed by eL from time to time upon eL’s posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify eL to terminate your account.
In addition to these Terms, you will comply with all policies applicable to eL and the eL Platform, which policies are (i) either posted in the eL Platform or provided to you and (ii) incorporated by reference into these Terms.

General

The failure of eL to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your eL account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
The other Users of the eL Platform are intended third party beneficiaries of your obligations under these Terms.
eL may assign these Terms to any successor or purchaser of eL or all or substantially all of its assets.
These Terms, constitutes the entire agreement between you and eL and governs your use of the eL Platform, superseding any prior agreements (whether written or oral) between you and eL regarding the subject matter hereof.