READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF OUR SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. This Internet Web Design and Printing Services Agreement (the “Agreement”) is between you and Elite Media Grp, LLC. Your use of the Services signifies your agreement to the terms and conditions of use set forth in this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and Elite Media Grp, LLC.
1. Grant of Rights. Elite Media Grp, LLC grants you a non-exclusive, non-transferable, limited right to access, use and display the Internet access services provided by Elite Media Grp, LLC, including, without limitation, e-mail, stock images, and any other services which Elite Media Grp, LLC may offer (collectively, the “Service”).
2. Content. You recognize that you are solely responsible for the content that you make available by means of the Service, including, without limitation, by posting on a Web site or in an e-mail, or any means in which you deliver your print request to Elite Media Grp, LLC. You agree that if Elite Media Grp, LLC in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, Elite Media Grp, LLC has the right, but not the obligation, to not accept your submittal. You expressly agree that Elite Media Grp, LLC shall not be liable to you for any action Elite Media Grp, LLC takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law, trademark law and prohibitions on libel, slander and invasion of privacy. Elite Media Grp, LLC has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
3. Proprietary Materials. Material accessible to you through the Elite Media Grp, LLC Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material. Any material provided by Elite Media Grp, LLC as a STOCK IMAGE can be used by you for submittal to Elite Media Grp, LLC in design and printing work, however, you may not use these images elsewhere.
4. Prohibited Uses. You expressly agree not to use the Elite Media Grp, LLC Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
5. Warranty and Indemnification. You represent and warrant to Elite Media Grp, LLC that you will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to Elite Media Grp, LLC that your use of the Service will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless Elite Media Grp, LLC and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Elite Media Grp, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Elite Media Grp, LLC.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Elite Media Grp, LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF Elite Media Grp, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Elite Media Grp, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $500.00. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Elite Media Grp, LLC ARISING OUT OF THE USE OF THE SITE.
7. Intellectual Property Rights. This site is protected by copyright, trademark, trade dress and other intellectual property rights. Elite Media Grp, LLC’ logo, and other trademarks, service marks, logos, product names and service names (collectively, the “MARKS”) are owned or licensed by Elite Media Grp, LLC. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Elite Media Grp, LLC. You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. Elite Media Grp, LLC has made every effort to secure appropriate clearances, licenses or other agreements for all proprietary intellectual properties used on this site.
8. Modifications to Agreement. Elite Media Grp, LLC has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the Elite Media Grp, LLC Home Page (http://www.eliteflyers.com), or upon notice by electronic mail, or U.S. mail. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments have been implemented.
9. Entire Agreement. This Agreement constitutes the entire understanding of the parties relating to the subject agreements and understandings, whether oral or written, relating to the subject matter thereof and supersedes all prior agreements between you and Elite Media Grp, LLC. Failure by Elite Media Grp, LLC to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
10. Consent to Jurisdiction and Venue. This Agreement is executed in the State of Florida and it is to be construed under and in accordance with the laws of the State of Florida. In addition, both you and Elite Media Grp, LLC consent to jurisdiction of the County or Circuit or Federal Courts located in Miami-Dade County, Florida.
11. Severability. Should any of the provisions of this Agreement be found to be in violation of applicable law, the remaining provisions shall be in full force and effect.
12. Attorneys’ Fees and Costs. In any litigation, including breach, enforcement or interpretation, arising out of or associated with this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses through any appeal.