Terms and Conditions for elovri.com
1. Intellectual Property Rights
All materials available on the elovri.com website, including the source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by ADAB. The Content and Marks are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided solely for the Client’s personal use and may not be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without ADAB’s prior express written permission in each instance.
2. Ownership of Materials
All design and original source files created on Client’s behalf (“Projects”) belong to Client, making the client the sole owner of the copyright for each Project. If by law elovri were made to become the owner of a Project, in whole or in part, elovri will assign its entire interest in the Project to Client. All materials provided to ADAB by the client will be owned by the client, and the client will ensure that they do not infringe upon the intellectual property rights of any third party. elovri reserves the right to share the client’s design work publicly unless otherwise agreed upon by both parties.
3. Third-Party Fonts
If any Project incorporates third-party fonts that require a commercial license for legal reproduction, distribution, or display, ADAB will notify the client in writing. The client will then be responsible for purchasing the necessary licenses from the rights-holder(s) in order to comply with the applicable copyright regulations. ADAB assumes no responsibility for client’s failure to obtain the required licenses for third-party fonts incorporated into a Project.
4. User Representations
By using the ADAB website, the client represents and warrants that they have the legal capacity to comply with these Terms and Conditions, have reached the age of majority in their jurisdiction, and will not use the website for any illegal or unauthorized purpose. The client agrees that their use of the website will not violate any applicable laws or regulations.
5. Prohibited Activities
The client shall not use the ADAB website for any purpose other than the intended use of the website. The website may not be used in connection with any commercial purposes except for the work performed by ADAB on behalf of the client. The client will not engage in any unauthorized use of the website, retrieve data or content for the purpose of creating a database or directory, circumvent, disable, or otherwise interfere with security-related features, engage in unauthorized framing or linking of the website, trick, defraud or mislead ADAB or other users, interfere with, disrupt or create an undue burden on the website or ADAB’s networks or servers, use the website to compete with ADAB, decipher, decompile, disassemble, or reverse engineer any of the software used in the website, bypass any measures on the website designed to prevent or restrict access to the website or any portion thereof, harass, annoy, intimidate, or threaten any of ADAB’s employees, independent contractors, or agents providing services through the website, delete the copyright or other rights notice from any Content, copy or adapt the website’s software, upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the website, or upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
6. Client Feedback
Any submission or feedback provided to ADAB by the client will become the sole property of ADAB and may be used or disseminated by ADAB for any lawful purpose without requiring permission, acknowledgment, or compensation to the client. The client waives any claims or recourse against ADAB for its use of the feedback in its sole discretion.
7. Website Use
elovri reserves the right to modify, discontinue, or change any content or part of the elovri.com website without liability or notice to the client. ADAB is not responsible for any loss or damage incurred as a result of the use of any content posted, transmitted or otherwise made available through the website.
8. Referrals
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
9. Miscellaneous
These Terms and Conditions, together with any policies posted on the website, constitute the entire agreement between the client and ADAB. If any provision or portion of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms and Conditions but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms and Conditions nor the website shall constitute the forming of a joint venture, partnership, employment, or agency relationship between the client and ADAB.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
11. Litigation
Any legal proceeding shall be conducted in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms and Conditions.
12. Privacy Policy
By using elovri.com, the client agrees to be bound by the Privacy Policy posted on the website. The website is hosted in the United States, and the client’s use of the website and transfer of data to the United States constitutes consent to the transfer and processing of data in the United States. ADAB complies with the Children’s Online Privacy Protection Act and will delete any information provided by an individual under the age of 13 without parental consent.
13. Contact Information
For any questions or complaints regarding the Website, please contact elovri at: hello@elovri.com.
14. Returns and Refunds
elovri reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by elovri are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
elovri reserves the right to take appropriate legal actions against Client for breach of this paragraph.