Thank you for using Elysian Pit! Elysian Pit’s products and services are provided by Elysian Pit. These Terms of Service govern your access to and use of Elysian Pit’s website, products, and services. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms. These terms may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Sites. You should consult this Privacy Policy regularly for any changes.
Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the elysianpit.com domain name, the “Elysian Pit Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO TERMS OF USE, WHICH ARE PUBLISHED AT https://www.elysianpit.com/terms-of-service AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Elysian Pit Website.
Elysian Pit Website
These Terms of Use apply to all users of the Elysian Pit Website, including users who are also contributors of novel content, information, and other materials or services on the Website. The Elysian Pit Website may contain links to third party websites that are not owned or controlled by Elysian Pit. Elysian Pit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Elysian Pit will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Elysian Pit from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Elysian Pit Website and to read the terms and conditions and privacy policy of each other website that you visit.
Website Access
A. Elysian Pit hereby grants you permission to use the Website as set forth in this Terms of Use, provided that:
(i) Your use of the Website as permitted is solely for your personal, noncommercial use;
(ii) You will not copy or distribute any part of the Website in any medium without Elysian Pit’s prior written authorization;
(iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(iv) You will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Elysian Pit immediately of any breach of security or unauthorized use of your account. Although Elysian Pit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Elysian Pit or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Elysian Pit servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Elysian Pit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Elysian Pit reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Warranty Disclaimer
You agree that your use of the Elysian Pit website shall be at your sole risk. to the fullest extent permitted by law, Elysian Pit, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Elysian Pit makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any
(i) Errors, mistakes, or inaccuracies of content,
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) Any interruption or cessation of transmission to or from our website,
(v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party,
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Elysian Pit website. Elysian Pit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Elysian Pit website or any hyperlinked website or featured in any banner or other advertising, and Elysian Pit will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall Elysian Pit, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) Errors, mistakes, or inaccuracies of content,
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) Any interruption or cessation of transmission to or from our website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party,
(v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Elysian Pit website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Elysian Pit shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnity
You agree to defend, indemnify and hold harmless Elysian Pit, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) Your use of and access to the Elysian Pit Website;
(ii) Your violation of any term of these Terms of Use;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the Elysian Pit Website.
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Elysian Pit Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Elysian Pit Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elysian Pit without restriction.