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TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of elegantliterature.com (the "Site"). This Site is owned and operated by Elegant Media Publishing Corporation (EMP). This Site is a magazine publishing website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

The User owns the rights to any content or work they themselves uploaded to ElegantLiterature.com. The User also agrees that the work they submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless they have permission from the rightful owner of the material, or are otherwise legally entitled to post the material and to grant EMP all of the license rights granted in these Terms, the Contest Rules, and the Publishing Contract. You may not post creations that infringe on others' intellectual property or proprietary rights.

All content published and made available on our Site is the property of Elegant Media Publishing Corporation. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. This excludes those files, documents, pictures, or any other work which are user uploaded and which the author holds the rights to,subject to the terms in the preceding paragraph.

Age Restrictions
The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

Anyone age 13 or over can create an account, as long as you have any required consent.

Children under the age of 13 are not allowed to create an account or otherwise use the services available on ElegantLiterature.com. Additionally, if you're in the European Economic Area, you must be over the age required by the laws of your country to use the Site, or we need to have received verifiable consent from your parent or legal guardian. If we learn that a User on the site is under the age of 13, we’ll terminate the account and notify the account holder via email.

If you're accepting these Terms on behalf of another entity, including a business or a government, you represent that you have full legal authority to do so.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions
Users may post the following information on our Site:

  • Photos;
  • Videos;
  • Public comments; and
  • Unpublished work.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

You must notify Elegant Media Publishing at [email protected] if you suspect that someone has accessed your account without your permission. We recommend using a strong password that is used solely for ElegantLiterature.com.

You may not license, sell, or transfer your Account without our prior written approval. We reserve the right to suspend or terminate your account if you are using our site illegally or if you violate these Terms and Conditions. 

Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are or may become available on our Site:

  • Training Material.

The following services are or may become available on our Site:

  • Membership; and
  • Courses.

The services will be paid for in full when the service begins and on the same day of each month the service is still in effect.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

To cancel your subscription, please navigate to your account page and cancel your membership.

Payments
We accept the following payment methods on our Site:

  • Credit Card;
  • PayPal;
  • Stripe

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds

No refunds offered on memberships. Other goods and services which may become available are subject to refunds as specified on the product page.

Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability
Elegant Media Publishing Corporation and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Elegant Media Publishing Corporation and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Elegant Media Publishing Corporation are unable to resolve any dispute through informal discussion, then you and Elegant Media Publishing Corporation agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Elegant Media Publishing Corporation.

Notwithstanding any other provision in these Terms and Conditions, you and Elegant Media Publishing Corporation agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Communication
ElegantLiterature.com communicates via email. Users can choose not to receive these emails, but may miss out on certain information. Users consent to receive communications from us in an electronic form via the email address submitted through their Account.

EMP may also use email to send other messages, including information about the site, services, and special offers. Users can opt out by using the “Unsubscribe” link in the message, or by sending an email to [email protected]

Affiliate Contract

As a condition of becoming a member, an affiliate page will be generated for you, accessible via the account menu. The following contract only applies should you use the affiliate service provided to attempt to earn a commission.

As an authorized affiliate (Affiliate) of Elegant Media Publishing Corporation (Elegant Literature), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before promoting Elegant Literature as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Elegant Literature by your own website or personal referrals.

By participating in the Elegant Literature Affiliate Program (Program) in any way, you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days.

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. Elegant Literature reserves the right to require license agreements from those who employ trademarks of Elegant Literature in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Elegant Literature, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Elegant Literature reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Elegant Literature site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

5. Coupon and Deal Sites
Elegant Literature occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on Elegant Literature Coupons, Elegant Literature Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.

7. Liability
Elegant Literature will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Elegant Literature. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

9. Indemnification
Affiliate shall indemnify and hold harmless Elegant Literature and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Elegant Literature to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Canada. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Ontario, Canada.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Elegant Literature affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by using the Elegant Literature referral links in any way. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

You can contact us through the feedback form available on our Site or at

(416) 649-6576
[email protected]
26 Muriel Avenue


Effective Date: 9th day of September, 2021