Please understand that by using the eLiner ordering tool and The eLiner Factory’s creative services (referred to herein as “the Service”) at www.TheeLinerFactory.com (herein referred to as “we”, “us”, or “The eLiner Factory”), you agree to the following Terms of Use (“Terms”). When you place your order for your eLiner digital liner notes (“eLiners”) with us by authorizing a payment to us, this will constitute a binding agreement between you and The eLiner Factory. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Service to you.

 

The eLiner Factory reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after The eLiner Factory makes any such changes, you agree to be bound by the revised Terms.

 

Your use of the Filecamp collaborative workspace (herein referred to as “Filecamp”) is bound by the Filecamp Terms of Use. Please read those terms prior to using Filecamp for your eLiner(s).

 

 

1.   Your submissions

A.    You may submit certain material to The eLiner Factory, using Filecamp, including without limitation, photographic and digital images, and audio, video and copy content (“Submissions”), as part of your use of the Service.

 

Under these Terms, you agree that you will NOT submit any of the following material:

 

i.      Any inappropriate, obscene, pornographic, threatening, defamatory or abusive material or any other material that could give rise to any civil or criminal liability under applicable law.

ii.     Material that is generally offensive or in bad taste, as determined by The eLiner Factory.

iii.    Any material that promotes bigotry, racism, hatred, or harm against any individual or group.

iv.    Any material that could infringe rights of privacy, publicity, copyrights, or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.

v.     Any material sent from an anonymous or false address.

B.    The eLiner Factory reserves the right in its discretion to:

(i)    reject and refuse to create eLiners using Submissions that it, in its sole discretion, deems inappropriate, obscene, abusive, defamatory, or in violation of copyright or trademark laws, or otherwise unacceptable, or

(ii)   take any other action that The eLiner Factory deems necessary relating to use or misuse of the Service.

 

2.   Age requirements

You must be at least 13 years of age to use our Service. If you, your parent, or guardian, have any concerns please feel free to contact us.

 

3.   Canceling your order(s)

If you violate any of these Terms, The eLiner Factory reserves the right to cancel your order(s). We may do so at our discretion after sending an email to the address you used when you placed your order(s) and waiting a reasonable period for your response. We will refund your payment within 20 business days i) of our initial email to you if it goes unanswered, or ii) of the date of our final communication to you (stated in subject line as ‘Final Communication”.)

 

4.   Copyrighted material and software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without our prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

 

All right, title, and interest in and to the The eLiner Factory site and Service is and will remain the exclusive property of The eLiner Factory and its licensors. The site and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

 

5.   Ownership and Use

A.    The eLiner Factory shall insure, to the fullest extent possible under law, that you shall own any and all right, title, and interest in and to, including copyrights, trade secret, patent, and other intellectual property rights, with respect to any copy, photograph, music, lyrics, or other work or thing created by The eLiner Factory or at The eLiner Factory’s direction for you pursuant to this Agreement and utilized by you.

 

B.    Upon termination, you agree that any plan or idea prepared by The eLiner Factory and submitted to you (whether submitted separately or in conjunction with or as a part of other material) which you have elected not to utilize, shall remain the property of The eLiner Factory. The eLiner Factory may elect to remove from the Filecamp collaboration space any or all copy, artwork, or other physical embodiment of such creative work relating to any such idea or plan which may be in your possession at termination or expiration of this Agreement.

 

C.    Materials created by The eLiner Factory pursuant to this Agreement may be used by you outside the United States without additional compensation, provided that you shall be responsible for any additional expense associated with such use.

 

6.   Privacy policy

When you make a purchase with The eLiner Factory, you need to provide some personal information, such as your name, email address, shipping address and credit card information. All information is gathered and stored using secure industry-standard encryption. We only use this information to work with you and fulfill your order. We do not otherwise sell or distribute said personal information to any other party. This constitutes our Privacy Policy.

 

7.   Refund policy

Due to the personalized nature of eLiners, it is the responsibility of the user to review, edit and proofread the following, as there will be no refunds for failing to do so:

i.      Submissions prior to the creation of their eLiner(s),

ii.     All drafts and final approved versions of their eLiner(s),

 

8.   Indemnification

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from:

i.      any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or

ii.     claim(s) that a Submission infringes third party intellectual property rights.

 

9.   Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New Jersey, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the State of New Jersey.

 

10.        Disclaimer of warranties

The service, content and/or materials available through the eLiner factory’s site are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, the eLiner factory expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The eLiner factory makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or its server is free of viruses or other harmful components. The eLiner factory makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness or reliability of any software, goods or services, purchased, accessed or obtained through the eLiner factory’s site or advertised through the eLiner factory’s site. No advice or information, whether oral or written, obtained from the eLiner factory or through the site or service will create any warranty not expressly made herein.

 

11.        Limitation of liability

To the fullest extent permitted by applicable law, under no circumstances shall the eLiner factory be liable for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the eLiner factory has been advised of the possibility of such damages, that result from your access to or use of, or inability to access or use, the eLiner factory’s site or services, from any changes to this site or its services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that the eLiner factory is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, the eLiner factory will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service. You agree that the aggregate liability of the eLiner factory to you for any and all claims arising from the use of the site or service is limited to the amounts you have paid to the eLiner factory for access to and use of the site or service. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.

 

12.        Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

 

When you place an order, The eLiner Factory will require you to you make payment in full immediately.

 

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

 

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, any right or provision of these Terms will not be deemed a waiver of such right or provision.

 

 

To contact The eLiner Factory, send an email to:

[email protected]