Terms of Service for Elite Tiny
Effective Date: October 26, 2023
Please read these Terms of Service ("Terms") carefully before accessing or using the website elitetiny.com (the "Service"), operated by Elite Tiny ("Elite Tiny," "we," "us," or "our").
1. Acceptance of Terms
By accessing or using the Service, you, the user ("User" or "you"), hereby agree to be bound by these Terms and all terms incorporated by reference. Should you not agree to all the terms and conditions of this agreement, then you are expressly prohibited from accessing the website or using the Service, and you must discontinue use immediately. These Terms constitute a legally binding agreement between you and Elite Tiny.
2. Definitions
For the purposes of these Terms:
- "Service" refers to the website elitetiny.com and all associated content, features, and functionalities.
- "User" or "you" refers to any individual or entity accessing or using the Service.
- "Content" refers to any text, images, video, audio, or other materials available through the Service.
3. Acceptable Use Policy
3.1. Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.
3.2. You agree not to use the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Prohibited activities include, but are not limited to:
- Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Elite Tiny, may harm Elite Tiny or users of the Service or expose them to liability.
- Attempting to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Elite Tiny server.
- Probing, scanning, or testing the vulnerability of the Service or any network connected to the Service, nor breaching the security or authentication measures on the Service or any network connected to the Service.
- Transmitting any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Impersonating or attempting to impersonate Elite Tiny, an Elite Tiny employee, another user, or any other person or entity.
- Using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
4. Intellectual Property Rights
4.1. All content, features, and functionality on the Service, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Elite Tiny, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as expressly authorized by Elite Tiny in writing.
4.3. The Elite Tiny name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elite Tiny or its affiliates or licensors. You must not use such marks without the prior written permission of Elite Tiny.
5. Disclaimer of Warranties
5.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
5.2. Elite Tiny does not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; that the Service or the server that makes it available are free of viruses or other harmful components; or that the results of using the Service will meet your requirements.
6. Limitation of Liability
6.1. In no event shall Elite Tiny, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
6.2. Notwithstanding any damages that you might incur, the entire liability of Elite Tiny and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service, if any, or One Hundred U.S. Dollars ($100.00) if you have not purchased anything through the Service.
7. Indemnification
You agree to defend, indemnify, and hold harmless Elite Tiny, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
8. Termination
Elite Tiny reserves the right to terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Sections 4, 5, 6, 7, 9, 10, and 11 shall survive any termination of these Terms.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
11. Contact Information
Should you have any questions regarding these Terms, please contact us at: [email protected].