The effective date is January 1, 2021.
Edith Élan’s Proprietary Rights
All materials that are included in, made available on or are otherwise a part of the Service (“Edith Élan Content”), including without limitation any and all articles, blogs, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Service, are owned or licensed by Edith Élan or its affiliates or subsidiaries. The Edith Élan Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.
Your License To Use Edith Élan Content Available On Our Sites
Edith Élan Content Disclaimers
The Edith Élan Content on our Service is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service (including both the Edith Élan Content and User Content) is accurate, complete or up-to-date. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS AT YOUR OWN RISK. No assurance is given that the information contained on the Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific products, services, opinions, or other information that may appear on the Service.
By using the Service, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Service by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Service do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Service.
In connection with your use of the Services, you acknowledge and agree that you will not:
• Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Edith Élan Content or information, software, products or services obtained through the Service;
• Manipulate, modify or edit the Edith Élan Content or the Service or display the Services by using framing or similar navigational technology;
• Use the Services in any manner that could damage, disable, overburden or impair Edith Élan’s servers or networks, or interfere with any other user’s use or access to the Service; and
• Obtain unauthorized access to the Service, the server on which our Service is stored or any server, computer or database connected to the Service or harvest or otherwise collect information about other users without their consent.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY EDITH ÉLAN TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
In addition, you agree to comply with our Posting Guidelines below.
User Generated Content
We are not responsible for any content, images, videos, audio files, ideas, concepts, information or other materials our users publicly post, upload, make available or share while using the Service or, when users access the Service through our social media channels, information available from such users’ social media profiles (each and all of the foregoing, “User Content”). Any content you upload to our Service will be considered non-confidential and non-proprietary.
You will ensure that any User Content which you contribute to the Service will be accurate (where it states facts) and be genuinely held (where it states opinions). While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.
When posting information on the Service, use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and media through the Services, you must not:
• Post anything that interferes with or disrupts the Service or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Service;
• Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
• Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
• Post or upload personal information, pictures, videos or any other media of another person without their express permission;
• Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
• Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• Post statements or materials that in any way harm minors;
• Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Edith Élan;
• Post statements or materials that misrepresent your affiliation with any entity and/or Edith Élan;
• Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
• Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
• Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Edith Élan does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Edith Élan or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You are responsible for configuring your information technology, computer programs and platform in order to access our Service. You should use your own virus protection software.
User Content License Grant to Edith Élan
By submitting or posting your User Content to or on the Service, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise. You also release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Edith Élan the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Edith Élan from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Edith Élan's use of such User Content in accordance with such license.
We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
Special Promotion Terms
Links To The Service
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service.
We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
Third Party Links
We may provide, or third parties may provide, on or through the Service, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are separate from Edith Élan. We have no control over such third party sites, we are not responsible for the availability of such third party sites and we do not endorse such third party sites. We are not responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites.
The Service is a participant in affiliate marketing programs designed to provide a means for websites to earn advertising fees by advertising and linking to participating advertisers and retailers. This means that we may earn a commission if/when you click on or make purchases via affiliate links. Your communications and dealings with third parties through such links including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such communications and dealings, are solely between you and the third party. You access these links at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links.
Service Modification, Suspension Or Termination
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service for any period.
Disclaimer Of Warranties
THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EDITH ÉLAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT WARRANT THAT THIS SERVICE WILL BE SEURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;
Limitation Of Liability
EDITH ÉLAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
Designated Agent For Copyright Infringement Claim
If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent:
Edith Élan LLC
1756 Indaba Way
Charleston, SC 29414
Notice of Claimed Infringement must include at a minimum the following information:
• a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification about where the material that is claimed to be infringing is found on the Service reasonably sufficient to permit Edith Élan to locate such material;
• information reasonably sufficient to permit Edith Élan to contact you, such as an address, telephone number, and email address at which the you may be contacted;
• a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:
• your physical or electronic signature;
• an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Edith Élan may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.
If a counter-notice is received by the Designated Copyright Agent, Edith Élan may send a copy of the counter-notice to the original complaining party informing such party that Edith Élan may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against us or the party contesting the original complaint, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Edith Élan’s discretion.
Our Service is directed to people residing in the United States. We do not represent that content and materials available on or through our Service is appropriate or available in other locations. Those who choose to access the sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We may limit the availability of our Service or any service or product described on our Service to any person or geographic area at any time.
Governing Law; Jurisdiction; Arbitration; Commencement of Actions
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Updates To These Terms
Last updated on January 1, 2021.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other information about them or their business or organization. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. Information collected may be stored on our computer hardware or the hardware of our third party service providers.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include but is not limited to the browser specifications, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
By submitting your e-mail address to us, you opt-in to receiving e-mail from us. You may opt-out of receiving further e-mail by contacting us via email or following the directions in any email or elsewhere on this site. If you wish to opt-out at any point from our emails enter firstname.lastname@example.org address here.
If you want to be removed from our marketing list and do not want us to send you e-mail, postal mail or other messages about our products and services, you can opt out. To do so, please select unsubscribe on the email communication.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at email@example.com.
How we use collected information
Edith Élan collects and uses Users’ personal information for the following purposes:
To personalize and improve user experience
We may use information to better respond to your individual needs and customize your experience. Or in the aggregate, to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
To administer content, promotion, survey or other Site feature
We may send Users information they agreed to receive about topics we think will be of interest to them.
To provide services
We may use the information Users provide about themselves, their business or organization to provide the services requested. These services may include services provided by third parties.
Sharing your personal information
We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. While we do not currently use third party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you.
We reserve the right to share, rent, sell or otherwise disclose the information we collect from you to third parties. We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services. We may also use the information you provide to market products and services to you. We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications.
We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.
Do Not Track
When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.
Use of Web Technologies
We may employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.
As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.
Based upon the personally identifiable information that you provide to us, we may send you a welcome e-mail. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request. If, at any time, you no longer want us to contact you by e-mail and/or receive our e-mail subscriptions, editorial e-mails and advertorial e-mails, you may opt out.
Edith Élan is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Website or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.
Performance; No Guarantee
Advertising Privacy Statement
This Site may be affiliated with advertising services (“Ad Services”) for the purposes of placing advertising on the Site. Ad Services uses standard and widely-available tools for the placement and serving of ads, including those provided by Google, Inc. and its affiliates. We publish interest-based advertisements on the Site; that is, ads that are tailored to reflect your interests. To help understand your interests, Ad Services, Google and our other advertising partners will track your behavior on our website and on other websites across the Internet using cookies.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
By using this Site, you consent to the use of such cookies and the sharing of data captured by such cookies with Ad Services, Google, and our other third party partners. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com.
For European Economic Area Residents
If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us or Ad Services related to advertising on the Site, you can contact us at firstname.lastname@example.org.
If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, please email us at email@example.com.
Edith Élan LLC
1756 Indaba Way
Charleston, SC 29414