Elephant Lifestyle, (the "Company"), is committed to protecting your privacy. This privacy policy discloses the types of information the Company gathers and how the Company uses this information. These privacy practices apply to this Site only. The primary goal in collecting personal information is to provide you with a more personalized experience by providing you with the best and most useful content and services. Because the Company derives revenue mainly from advertising, collecting information is essential to keeping the Company's services affordable to users. The Company collects personally identifiable information when you provide it to the Company, such as when you register on this Site. Some of the services that we offer on this Site, such as use of the message boards, may require registration as a condition of use. Once you register with the Site you are no longer anonymous to the Company. The Company may also receive information about you from other sources and add it to the information you provided to the Company.
Your Internet browser has a feature called "cookies" which stores small amounts of data on your computer about your visit to this Site. You do not need to have cookies turned on to visit most of this Site, although active participation in certain areas of this Site may require cookies. Cookies alone tell the Company nothing about who you are unless you specifically give the Company personally identifiable information when, in which case the Company may use the information to enhance your services in the ways described below. You may elect not to allow cookies to be collected by adjusting your settings on your browser. The Company may use technologies, including electronic images known as Web bugs--sometimes called transparent GIFs, clear GIFs, or beacons--that allow the Company to track general user traffic patterns. The Company also automatically receives and records information from servers and from your browser, including your IP address, the time of your visit to pages on this Site, and information about pages you visited. Unless you have registered for one of the Company's services, the information the Company gathers through the use of tracking technologies cannot be matched with any personally identifiable information about you unless you have specifically given the Company personally identifiable information, in which case the Company may use the information to enhance your services in the ways described below. The Company uses cookies and tracking technologies in a variety of ways, including: Keeping count of return visits to our site or our advertisers' or partners' sites Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Site and advertisement usage Determining which features the overall user population likes best Saving your password so you don't have to re-enter it each time you visit the Site Display the most appropriate advertising based on your interests. The Company allows other companies that are presenting advertisements on this Site to use tracking technology on your computer. The Company does not give any personally identifiable information to them as part of this relationship. Unless you visit the Site of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. The Company's advertisers' use of tracking technology is subject to their own privacy policies.
The Company uses the information collected about you to improve the design and layout of this Site, to occasionally notify you about important functionality changes to this Site, to notify you about new services and special offers we think you will find valuable and to customize the advertising and content you see and hear on the Site. The Company does not sell, trade or otherwise transmit your personal information to non-affiliated third parties, unless the Company believes, in good faith, it would be necessary to (i) comply with applicable law, (ii) enforce the terms of this User Agreement, (iii) protect the rights, property or safety of the Company, its users or others. By using this Site, you consent to the collection and use of your personal information as described above. If the Company changes its privacy policy, it will post those changes on this page so that you are always aware of what information is being collected, how it is being used, and under what circumstances it will be disclosed.
Those users who would rather not provide any of the user data requested by this Site's registration process, if such process exists, do not need to register with the Site. You can still view much of the content and use many of the services offered by our sites without registering. Users may also opt out of receiving notices and special offers, or the sharing of their personal information to third parties, by sending an email to contact@elephantlifestyle.com and specifying the information to be withheld or the notices or special offers they wish to decline. This Site is not directed to minors under the age of 13. This site is operated in compliance with the Children's Online Privacy Protection Act and it does not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.
User Agreement
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. This user agreement (the "User Agreement") between you and Elephant Lifestyle, (the "Company"), governs your use of the Web site www.elephantlifestyle.com (the "Site"), or any Web page operated by the Company. By using this Site, accessing any of the Company's Web pages, or otherwise using any services provided by the Company, you agree that you have the requisite capacity to enter into this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of the Company's Web pages or use any other services provided by the Company. The Company reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them. COPYRIGHT AND TRADEMARK NOTICES — All content included or available on this Site, including but not limited to code, scripts, images, site design, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, and the selection and arrangements thereof (collectively the "Materials") are the property of the Company and/or third parties and protected by international and U.S. copyright laws. The Company grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer. Any other use of the Materials on this Site, including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of the Company implies any license to use any of the Materials contained on this Site, whether or not such Materials are owned by the Company. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written permission of an authorized officer of the Company. "Elephant Lifestyle," is a registered trademark of the Company, subject to international and U.S. trademark laws. The Company's service marks/trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among consumers, or in any manner that blurs the distinctiveness or tarnishes the image of other service marks or trademarks. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos or other intellectual property or content from this Site is strictly prohibited.
2. LEGAL DISCLAIMER THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM SITES LINKED TO THIS SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY SERVICE OUTAGES THAT ARE CAUSED BY MAINTENANCE ON THE COMPANY'S SERVERS OR THE TECHNOLOGY THAT UNDERLIES THIS SITE, FAILURES OF THE COMPANY'S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING AND POWER PROVIDERS) COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF THE COMPANY'S FACILITIES, AN ACT OF NATURE, WAR, CIVIL DISTURBANCE OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE COMPANY.THE COMPANY DOES NOT WARRANT THAT THIS SITE, ANY WEB SITE LINKED TO THIS SITE, OR THE WEB SITES OF THE COMPANY'S PARTNERS, AFFILIATES, SUPPLIERS OR VENDORS WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE OR ON ANY SITE LINKED TO THIS SITE. THE COMPANY'S SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS," AND "AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTY THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR INTEGRITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS (V) THIS SITE, ITS SERVERS, AND ANY WEB SITES LINKED TO THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) ANY ERRORS WILL BE CORRECTED. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPANY'S SITE, ANY CONTENT OR ANY OF THE COMPANY'S SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.3. LIMITATIONS ON LIABILITY IN NO EVENT SHALL THE COMPANY, ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, VENDORS, EMPLOYEES, SUPPLIERS OR AGENTS (THE "COMPANY PARTIES" OR "COMPANY PARTY" AS THE CASE MAY BE) BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN THE EVENT SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW, FAIL OF THEIR ESSENTIAL PURPOSE, OR DO NOT OTHERWISE APPLY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE THAT ANY LIMITATIONS ON LIABILITY STATED IN THIS SECTION 3 IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH THE COMPANY'S SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER RESOURCES IN CONNECTION WITH THE TYPE OF SERVICES PROVIDED BY THIS SITE. PRIVACY POLICY — Incorporated and made a part of this Agreement is the Privacy Policy located at www.luxuryculture.com (the "Privacy Policy"). You hereby agree to allow the company to collect and use the personal information specified in the Privacy Policy in a manner set forth in the Privacy Policy, and you understand and agree that any personal information about you, including registration information and certain other information you provide or otherwise voluntarily or involuntarily reveal, is subject to our Privacy Policy. The Company reserves the right to change the Privacy Policy at any time upon written notice posted to the Site. INDEMNIFICATION — You hereby agree to indemnify, defend and hold harmless the Company from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Company Party in connection with any claim of any kind, including, but not limited to, violation of rights of publicity or privacy, claims for defamation, claims arising under any statute, copyright infringement or trademark infringement as a result of: Your use of this Site or any Web site linked to this Site; Your connection to this Site; The content, quality or performance of content that you submit or transmit to or through this Site; Any use or alleged use of your accounts or your passwords by any person, whether or not known or authorized by you; Your violation of this User Agreement; or Your violation of the rights of any other person or entity. The Company reserves the right but not the obligation, at the Company's own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defense of these claims.6. YOUR CONDUCT ON THIS SITE The technology and software underlying this Site and the services provided by the Company are the property of the Company. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying Site or the services provided by the Company. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation), for the purpose of obtaining unauthorized access to this Site. You agree to grant an irrevocable exclusive license to use any intellectual property you post to or transmit through this Site, including but not limited to a license to create derivative works from any such intellectual property. You agree that you will not use the Site to do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content; Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, this Site, any software or hardware, or telecommunications equipment; Advertise or offer to sell any goods or services for any commercial purpose unless you have the Company's written consent to do so; Transmit surveys, contests, pyramid schemes, "spam," unsolicited advertising or promotional materials, or chain letters; Download any file that you know or reasonably should know, cannot be legally obtained in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; Restrict or inhibit any other user from using and enjoying any public area within this Site; Collect or store personal information about other users; Interfere with or disrupt the Site, servers or networks; Impersonate any person or entity, including, but not limited to, a Company representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site; Take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or Engage in any illegal activities. You agree to use the Site bulletin board services, chat areas, forums and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum. You agree to take all responsibility for any content that you post on or otherwise transmit through this Site. If you choose a username or post any content on or transmit any content through the Site that, in the sole discretion of the Company, is obscene, indecent, abusive, might subject any Company Party to public disparagement or scorn, or that the Company otherwise would prefer not be posted on or transmitted through the Site, the Company reserves the right (but not the obligation), without prior notice to you, to automatically change your username, delete or edit your posts or transmitted content from the Site, deny you access to our sites, or any combination of these options. You understand and agree that the Company also has the right (but not the obligation) to automatically change the username and delete or edit content posted by other users of the Site. You agree that you will not rely on the Company in any way to pre-screen, delete or edit content posted to or transmitted through this Site, change usernames or otherwise perform any acts that would prevent you from seeing or hearing any obscene or indecent content on or through this Site. Furthermore, you acknowledge that information contained on this Site may be inaccurate or incomplete in part or in whole. In this regard you agree that you will not rely on any information contained on this Site, including but not limited to information regarding the quality, availability, appearance, performance or pricing of any consumer products, information regarding the dates or descriptions of any events, information regarding the quality or scope of customer service provided by any third party person or entity, or information relating to any aspect of the sale of consumer goods. Unauthorized access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by the Company for use in accessing this Site. Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site. THIRD PARTY LINKS — The Company may provide links to third party Web sites or access to third party content. The company does not control, endorse or guarantee content found on such sites. You agree that the Company is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that the Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. CHOICE OF LAW AND FORUM — This User Agreement shall be construed in accordance with the laws of the State of New York, and you and the Company irrevocably consent to bring any action to enforce this User Agreement before a court of competent jurisdiction in the state of New York. MISCELLANEOUS — This User Agreement shall constitute the entire agreement between you and the Company regarding your use of this Site, superseding all prior agreements, whether oral or in writing that you may have executed with the Company. You may terminate this User Agreement at any time provided you discontinue use or access of this Site. You agree that in the event you terminate this agreement, sections 1,2,3, 5 and 8 of the User Agreement shall survive such a termination. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
