Terms of Service

Last Updated: 1st January, 2025

Welcome to Elysian Piece! These Terms of Service (“Terms“) govern your access to and use of our website, services, products, and content provided through our platform. By accessing or using our website, blog, e-commerce store, and any associated services, you agree to be bound by these Terms, including any updates or changes made from time to time.

These Terms are designed to protect both you, the user, and Elysian Piece, ensuring a safe, transparent, and enjoyable experience as you explore our design and decor blog, as well as shop for unique, high-quality home decor items in our online store. They outline the rules and guidelines for using our site, as well as your rights and responsibilities when engaging with our services.

Key Areas of Our Terms:

  • Registration and Other Services: This section covers how you interact with our site and the registration process, including any subscriptions, lead generation, and sponsored content.
  • User Content: Here, we explain your rights over content you create, upload, or share, and the responsibilities you have for your contributions to our platform.
  • Ownership and Use of Services: We outline our ownership of the site and its content, as well as the permissible and restricted uses of our services, trademarks, and intellectual property.
  • Indemnification and Liability: This section clarifies your responsibilities for any actions you take using our platform and the limits of liability on our part.
  • General Provisions: These provisions address various legal aspects such as dispute resolution, governing law, and how we handle consumer complaints, including specific rights for residents of California under the CCPA.

We encourage you to read through these Terms thoroughly to understand your rights and obligations. If you do not agree with any part of these Terms, we kindly ask that you refrain from using our services. Your continued use of the platform signifies your acceptance of the Terms outlined below.

1. Registration and Other Services

This section outlines the requirements, obligations, and terms that govern user registration, account creation, and additional services provided by Elysian Piece. By accessing or using our website, you agree to adhere to these terms, which are designed to maintain transparency, security, and a seamless user experience.

1.1 Registration Data

To access certain features of our platform, including product purchases, content contributions, and participation in contests or promotions, you may be required to register and create an account. As part of this process, you agree to provide accurate, complete, and up-to-date information. Specifically:

  1. Required Information: During registration, we may request your name, email address, mailing address, phone number, and payment details (if applicable). These details are essential to facilitate transactions, deliver products, and maintain effective communication.
  2. Accuracy and Updates: You are responsible for ensuring that all information provided is accurate and remains current. Changes to your contact information, such as your email address or phone number, must be promptly updated in your account settings.
  3. Account Security: You must maintain the confidentiality of your login credentials. Sharing your username or password with others is prohibited. If you suspect unauthorized access to your account, notify us immediately at [email protected]

Fraudulent account information or unauthorized use of another person’s details may result in account suspension, termination, and possible legal action.

1.2 Subscriptions

We offer various subscription-based services to enhance your experience, such as premium blog content, access to design consultations, and exclusive product discounts. By subscribing, you agree to the following terms:

  1. Payment Obligations: Subscription fees are clearly outlined during the registration process and may vary based on the selected plan. Payment is due at the beginning of each billing cycle (monthly or annually).
  2. Automatic Renewal: Unless canceled, subscriptions will automatically renew at the end of each billing cycle. By enrolling, you authorize us to charge your payment method on a recurring basis.
  3. Cancellation and Refunds: You may cancel your subscription at any time through your account dashboard or by contacting us at [email protected]. To avoid being charged for the next billing cycle, cancellation requests must be submitted at least five (5) business days before the renewal date. Refunds are provided solely at our discretion and in accordance with our Refund Policy.

Failure to comply with these terms may result in the termination of your subscription and forfeiture of any associated benefits.

1.3 Sponsored and Affiliate Content

Our platform may feature sponsored articles, advertisements, and affiliate links. These are designed to provide value to our readers while generating revenue to sustain operations. Key aspects include:

  1. Disclosure: Sponsored and affiliate content will always be clearly labeled in compliance with Federal Trade Commission (FTC) guidelines.
  2. Third-Party Responsibility: We do not control or endorse the products or services promoted through these partnerships. Users are encouraged to review the terms and policies of any third-party websites they visit through affiliate links.
  3. Earnings Disclaimer: Purchases made via affiliate links may result in commissions for us, which are used to fund our platform and improve user experience.

While we strive to partner with reputable brands, Consumers should exercise discretion and diligence when engaging with external sites or purchasing third-party products.

1.4 Lead Generation Services

As part of our commitment to enhancing home design experiences, we offer lead generation services that connect users with interior designers, home decor professionals, and contractors. By submitting a request for consultation or services, you agree to:

  1. Accuracy of Submissions: You must provide truthful and detailed information about your project to ensure effective matchmaking. Inaccurate or incomplete information may delay service delivery.
  2. Data Sharing: Your submitted information will only be shared with relevant professionals to fulfill your request. We adhere to Wyoming’s data privacy regulations to protect your personal information.
  3. No Guarantees: While we strive to connect you with highly qualified professionals, we do not guarantee the availability, suitability, or performance of third-party service providers.

All lead generation services are governed by our Privacy Policy, ensuring that your data is used responsibly and securely.

1.5 Sweepstakes and Contests

We frequently organize sweepstakes, contests, and giveaways to engage with our community. Participation in these events is subject to the following terms:

  1. Eligibility: Contests are open to individuals who meet the eligibility requirements outlined in the specific contest rules. This may include age restrictions, residency requirements, and compliance with applicable laws in Wyoming.
  2. Submission Guidelines: Entries must comply with the rules provided for each contest. Submissions containing inappropriate, defamatory, or plagiarized content will be disqualified.
  3. Prize Distribution: Winners are notified via the contact information provided during entry. Prizes are non-transferable and must be claimed within the time frame specified. Unclaimed prizes may be forfeited.

All sweepstakes and contests to maintain transparency and fairness. We adhere to these legal standards to ensure equitable opportunities for all participants.

1.6 Removal of Accounts

We reserve the right to suspend or terminate user accounts for the following reasons:

  1. Violation of Terms: Any breach of these Terms, including providing false information or engaging in prohibited activities, may result in account termination.
  2. Inactivity: Accounts that remain inactive for a prolonged period (12 months or more) may be deactivated to maintain database integrity.
  3. User Requests: You may request account deletion at any time by contacting [email protected]. Upon termination, all associated data will be handled in accordance with our Privacy Policy.

Termination does not absolve users of their obligations under these Terms, including outstanding payments or disputes.

1.7 Privacy Policy

Our Privacy Policy governs all aspects of user registration and service access. This document outlines how we collect, use, and protect your data. By registering or using our services, you acknowledge and consent to the practices described in the policy.

2. User Content

This section explains the rules, responsibilities, and rights associated with content submitted by users on our platform, including but not limited to reviews, comments, images, and other forms of contribution. By contributing content, users agree to the terms detailed below, which are intended to promote fairness, accountability, and compliance with applicable laws.

2.1 Responsible Party for Content

Users are solely responsible for the content they submit to the platform. This includes ensuring that all materials posted, uploaded, or shared:

  1. Comply with Legal Standards: Your submissions must adhere to all relevant laws and regulations, including those under Wyoming jurisdiction. Content that violates intellectual property rights, privacy laws, or defamation statutes is strictly prohibited.
  2. Reflect Originality: You affirm that any content you submit is your original work or that you have obtained all necessary permissions or licenses to use it.
  3. Avoid Harmful Material: Submissions must not contain harmful, offensive, discriminatory, or inflammatory material. Content that promotes hate speech, violence, or illegal activities will result in immediate removal and possible legal action.

The user bears entire liability for any damages, disputes, or legal issues arising from their submitted content.

2.2 Ownership of Your Content

While you retain ownership of the content you create and share on our platform, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, display, distribute, and reproduce your content, as described in the subsequent section.

  1. No Loss of Rights: Ownership of submitted content remains with the user. However, by submitting content, you acknowledge that we may feature, share, or modify it to enhance platform functionality or promotional efforts.
  2. Protection of Intellectual Property: We respect intellectual property laws and expect the same from our users. Any unauthorized replication or misuse of another’s work on our platform will result in immediate action under Wyoming’s intellectual property statutes.
  3. Handling of Infringements: If you believe your intellectual property has been used without authorization, please get in touch with us at [email protected] with a detailed claim, as outlined in Section 5.3 (Copyright Infringement).

2.3 License to Your Content

By submitting content to our platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free license to use your content in various capacities. This includes but is not limited to:

  1. Usage Scope: Content may be used for marketing, advertising, product development, or other business purposes in both online and offline mediums.
  2. Duration and Revocation: This license remains in effect until the content is removed from our platform, whether by you or us. However, any use made prior to removal will not be affected.
  3. No Compensation: Users understand that no monetary compensation will be provided for the use of their submitted content.

Granting this license does not transfer ownership but allows the platform to maximize the value of user-generated contributions.

2.4 Ratings and Reviews

Our platform encourages users to share honest and constructive feedback through ratings and reviews. To maintain the integrity and reliability of this system, the following terms apply:

  1. Authenticity: Reviews must reflect genuine experiences with our products, services, or content. Fabricated or incentivized reviews are strictly prohibited.
  2. Moderation: We reserve the right to moderate, edit, or remove reviews that violate these Terms or contain offensive or harmful language.
  3. Usage of Reviews: By posting a review, you grant us the right to use, reproduce, and display it for promotional purposes, including on social media, advertisements, and newsletters.

We support fair trade practices, ensuring that all reviews contribute to informed consumer decision-making without manipulation or deceit.

2.5 Other Restrictions on User Conduct

To maintain a safe and respectful environment, users must refrain from the following activities when submitting content:

  1. Prohibited Actions:
    • Uploading viruses, malware, or any harmful code.
    • Posting spam, unsolicited advertisements, or promotional materials unrelated to the platform.
    • Engaging in harassment, bullying, or defamation of any individual or group.
  2. Compliance with Community Standards: Users must adhere to our Community Guidelines, which outline acceptable behavior and content. Violations may result in content removal, account suspension, or permanent bans.
  3. Reporting Misconduct: If you encounter content that violates these terms, please report it immediately via our Contact Form. We will investigate all claims promptly and take appropriate action as required by law.

Liability and Enforcement

Users agree that Elysian Piece is not liable for any damages, losses, or disputes arising from user-generated content. We reserve the right to:

  1. Remove or Edit Content: Content that violates these Terms or poses a risk to the platform or its users may be edited or removed without notice.
  2. Cooperate with Authorities: In cases of legal violations, we will cooperate fully with Wyoming authorities, including sharing relevant user information if required by law.
  3. Take Legal Action: Repeated violations or severe misconduct may result in legal action under applicable Wyoming statutes.

3: Ownership and Use of Services

This section outlines the ownership rights associated with the services provided on our platform, as well as the terms and conditions under which you may use them. It also covers our intellectual property rights, the permissible use of our platform, and the limitations placed on users regarding their interaction with our services. The following terms ensure that our platform functions fairly, securely, and in compliance with applicable laws.

3.1 Use of the Services

By accessing or using our platform and services, you agree to comply with the following guidelines and regulations that govern their use:

  1. Authorized Access and Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes, subject to the Terms and Conditions of this Agreement.
    • You must not use our platform or services for illegal activities or in a manner that could damage, disable, or impair the operation of the platform or interfere with others’ use of the services.
    • You agree not to engage in any activities that could breach the security of our platform, including unauthorized access, data mining, or hacking.
  2. Respect for Platform Integrity: Our services are provided as-is, and we reserve the right to update, modify, or terminate services without prior notice. You acknowledge that these modifications may change the features or availability of the platform.
  3. Compliance with Applicable Laws: You agree to comply with all applicable federal, state, and local laws, including those governing e-commerce, data privacy, and intellectual property, in accordance with Wyoming’s legal framework. This includes adhering to privacy regulations such as the General Data Protection Regulation (GDPR), where applicable, and similar consumer protection laws.

3.2 Trademarks

Our company, including its logos, branding, and other proprietary assets, is protected by intellectual property laws, including trademark laws in the United States. These assets are valuable and integral to the brand’s identity. The following terms apply:

  1. Ownership of Trademarks: Elysian Piece retains exclusive ownership of all trademarks, service marks, logos, and other branding materials associated with our platform. You may not use, copy, modify, or display any of these trademarks without explicit written consent from Elysian Piece.
  2. Permitted Usage: Users are permitted to refer to our platform in accordance with standard fair-use principles, such as in reviews or mentions within content, as long as no confusion is caused regarding our endorsement or affiliation. Any other use of our intellectual property requires prior approval.
  3. Protection of Trademarks: We actively protect our trademarks, including through legal action, to prevent infringement or misuse. Wyoming law grants us the right to enforce these trademarks in federal and state courts.

3.3 Restrictions on Use of Services

While we provide access to our platform and its services, there are clear boundaries to how these services can be used. Violating these restrictions may result in penalties, including suspension or termination of access to our services:

  1. Prohibited Uses: Users may not use the services for any of the following activities:
    • Illegal Activities: Engaging in any unlawful behavior or activities that could harm individuals or society. This includes fraudulent practices, identity theft, and money laundering.
    • Content Infringement: Uploading, distributing, or transmitting content that infringes upon the intellectual property rights of others, including copyrights, trademarks, and patents.
    • Malicious Behavior: Attempting to gain unauthorized access to our systems, hacking, spamming, or introducing viruses or other harmful code.
    • Disruptive Behavior: Using our platform to harass, abuse, or harm others, including making defamatory statements or threatening violence.
  2. Compliance with Terms: By using our platform, you agree to follow the specific guidelines for usage outlined by us. If we find evidence of violations, we may suspend or terminate your account and take legal action if necessary.

Our platform may contain links to third-party websites, services, or content. These links are provided for convenience, but their inclusion does not imply endorsement by Elysian Piece. The following conditions govern the use of third-party links:

  1. No Endorsement: We do not control, monitor, or assume responsibility for any content, products, or services offered by third parties linked through our platform.
  2. Responsibility: If you click on or use third-party links, you are doing so at your own risk. We strongly encourage users to review the terms, privacy policies, and conditions of any third-party services before interacting with them.
  3. Liability Limitations: Elysian Piece will not be held liable for any damages or losses arising from your interaction with third-party websites or services.

Our platform may allow users to share or embed video content from third-party sites such as YouTube, Vimeo, or other video-sharing platforms. These videos are subject to the following terms:

  1. Use of Embedded Content: You are granted the right to embed video content for personal, non-commercial purposes, provided the video is not altered in any way that could mislead others or violate the intellectual property of the original content creator.
  2. Compliance with Copyright: You must respect the copyright and intellectual property rights of video content creators. Embedding content that infringes upon copyright law is prohibited and may result in the removal of the content and potential legal consequences.
  3. Content Monitoring: While we do not directly control third-party video content, we reserve the right to remove any embedded videos that violate these Terms of Service or infringe upon legal rights.

3.6 License to Use the Platform and Services

When you access or use our platform and services, you are granted a license to use them subject to the terms and conditions outlined here. However, this license is contingent upon your adherence to the rules and restrictions imposed by us:

  1. Scope of License: The license granted to you is non-exclusive, non-transferable, and limited to your personal, non-commercial use of the platform. You may not sublicense, sell, lease, or transfer your rights to access the services.
  2. Revocation of License: We reserve the right to revoke or suspend your license to use the platform and its services at any time if we believe you have violated these Terms.
  3. Ownership of Platform: All content, software, code, designs, and intellectual property associated with the platform remains the sole property of Elysian Piece. You do not gain any ownership rights to the platform or its services beyond the limited rights granted to you.

4. Indemnification and Limitation of Liability

This section is a crucial part of our Terms of Service as it outlines the rights and responsibilities of users and the company regarding legal claims, damages, and liabilities. It clarifies how users and Elysian Piece handle disputes, the scope of indemnification, and the limits of our liability. This is in line with legal practices under law and ensures that both parties are protected in case of conflicts, negligence, or unforeseen issues.

4.1 Indemnification

Indemnification is a legal term that refers to a party’s obligation to compensate for harm or loss caused to another party. As part of the Terms of Service, users agree to indemnify and hold Elysian Piece harmless from any claims, losses, damages, expenses, or legal actions that arise due to their use of the platform or breach of the agreement. The following explains this section in more detail:

  1. User Responsibility: Users are required to indemnify Elysian Piece for any damage or loss that occurs as a result of their actions. This includes, but is not limited to:
    • Infringement of Intellectual Property: If users upload content that infringes upon third-party intellectual property rights (e.g., copyright, trademarks, patents), they will be responsible for all related claims and damages.
    • Unlawful Use: If a user engages in unlawful activities on the platform—such as fraud, data theft, or harmful activities—they must cover the legal costs and damages incurred by Elysian Piece.
    • Breach of Terms: If a user violates any of the terms, such as using the services for commercial purposes without authorization or engaging in prohibited activities, they are liable for any harm or financial loss caused to the company.
  2. Scope of Indemnification: Indemnification applies to a broad range of circumstances where a user’s actions have led to legal claims or financial losses. The indemnity extends to cover the company’s officers, employees, affiliates, and contractors, ensuring that Elysian Piece and its associates are protected in all cases involving user misconduct.
  3. Defending the Claim: In the event of a legal claim, the user agrees to assist Elysian Piece in defending against such claims. This includes cooperating in legal proceedings and paying for legal defense costs. Users are also required to notify Elysian Piece promptly if any third-party claims arise related to their use of the services.

4.2 Disclaimer of Warranties and Conditions

This section outlines the company’s stance on the guarantees or warranties provided to users regarding the services. It is essential for users to understand that the platform is provided “as is” and that no guarantees are made regarding its functionality, accuracy, or performance.

  1. No Express Warranties: By using the platform, users acknowledge that Elysian Piece makes no express representations or warranties about the platform’s services, products, or content. Specifically, we do not guarantee that:
    • The platform will be error-free, uninterrupted, or free of viruses or other harmful components.
    • The services will meet the specific requirements of each user.
    • The accuracy, completeness, or reliability of the information on the site, including product descriptions, is guaranteed.
  2. Implied Warranties: To the fullest extent allowed by law, any implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed. In simpler terms, we do not promise that our services will perform as users expect in every case.
  3. User Acceptance of Risk: Users acknowledge that by accessing and using our platform, they are accepting the inherent risks associated with it. If the platform does not perform as expected or causes harm (such as loss of data or business interruptions), Elysian Piece is not liable.

4.3 Disclaimer of Certain Damages

This section limits the types of damages that users can seek from Elysian Piece in case of issues with the platform or services. It protects us from claims that could arise due to errors, downtime, or other unforeseen problems.

  1. Exclusion of Certain Damages: To the fullest extent permissible under Wyoming law, Elysian Piece will not be responsible for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:
    • Loss of profits, revenue, or anticipated savings.
    • Loss of data or business information.
    • Reputational harm or loss of goodwill.
    • Any third-party claims arising out of or related to the user’s use of the services.
  2. Limitation of Liability: In cases where damages are allowed under applicable law, the company’s liability is limited to the amount the user has paid for the service during the last 12 months. This limitation ensures that we are not financially overburdened by claims that exceed the actual cost of the services provided.
  3. No Liability for Third-Party Content: Elysian Piece is not liable for any content posted by third parties on the platform. This includes user-generated content, advertisements, or links to external websites. Users are responsible for evaluating and interacting with third-party content at their own risk.

4.4 Cap on Liability

This section establishes the maximum financial liability of Elysian Piece in the event of a legal dispute. It aims to protect both the company and the users by ensuring that claims are kept within reasonable financial boundaries.

  1. Maximum Liability: In the event that the company is found to be liable for damages or legal issues, the total liability is capped at the total amount the user has paid for the service during the 12-month period preceding the event.
    • For example, if a user has subscribed to one of our premium services, the maximum amount the user can claim from Elysian Piece for any legal matter would be equal to the subscription fees paid during the last year.
  2. Exclusion of Other Damages: This cap excludes claims arising from personal injury or death caused by the company’s negligence. It is intended to prevent excessive financial consequences while still ensuring that legal recourse is available in the event of a company’s failure.

4.5 Basis of the Bargain

The terms outlined in this section form the basis of the agreement between Elysian Piece and users regarding indemnification and liability. These terms help to establish the expectations of both parties concerning financial responsibility and legal consequences.

  1. Acknowledgment of Understanding: By using the platform, users acknowledge and agree that the limitations of liability and disclaimers set forth in this agreement reflect a reasonable allocation of risks and that both parties have entered into this agreement with a clear understanding of the potential risks.
  2. Voluntary Agreement: Users agree that the limitations and exclusions of liability were part of the bargain and that they voluntarily accept these terms. This section is integral in understanding the relationship between Elysian Piece and users in terms of legal risks.

4.6 Exclusions

This section clarifies that certain exclusions apply to the general disclaimers and liability caps established earlier. Certain legal responsibilities cannot be excluded, even with the best of intentions.

  1. Exclusions of Exemption: Under Wyoming law, exclusions of liability may not apply in cases of gross negligence, fraud, or willful misconduct. For example, if a user suffers harm due to deliberate actions on the part of Elysian Piece, such as fraud or a material breach of contract, we cannot limit our liability in such cases.
  2. Consumer Protection Laws: Exclusions do not apply in cases where they conflict with consumer protection laws under Wyoming’s state and federal law. If a consumer is protected by a law that overrides our liability limitations, we will comply with those protections.

4.7 Survival

The provisions in this section are designed to survive the termination or expiration of the agreement. These terms will continue to apply even after users discontinue their use of our services or terminate their accounts.

  1. Ongoing Obligations: Both Elysian Piece and the user remain bound by the indemnification and liability clauses even after termination. For example, users who have violated intellectual property rights will still be required to indemnify the company, even after discontinuing the use of the platform.
  2. Legal Enforceability: This ensures that if any part of the agreement is upheld in court, the indemnification and liability clauses remain in force to protect both parties in the future.

5. General Provisions

This section provides a comprehensive explanation of the general legal terms that apply to the agreement between Elysian Piece and its users. It covers the overall framework that governs the relationship and the method for resolving disputes and ensures that the rights and responsibilities of both parties are clearly defined. These provisions are necessary for the protection and functionality of the services offered, and they ensure legal compliance and fairness.

5.1 Disclaimer

The Disclaimer clause is a fundamental provision designed to limit the scope of Elysian Piece’s liability. It ensures that the company is not held liable for certain types of damages, errors, or interruptions that might arise during the use of the platform.

  1. General Understanding: By accepting the Terms of Service, users acknowledge that the services offered by Elysian Piece are provided “as is” and without any warranties, except those expressly outlined within the agreement. The company does not guarantee that the platform will be free from interruptions, delays, or errors. This clause underscores that while the company strives for excellence, there is an inherent risk associated with the use of any online service.
  2. No Additional Liabilities: The disclaimer explicitly states that Elysian Piece is not liable for any damages that may occur during the use of the platform, including those resulting from user errors, system failures, or downtime. In essence, the company disclaims responsibility for any indirect or consequential losses users may experience while interacting with the platform.

5.2 Termination

Termination provisions clarify how and when either party may end the user’s access to the platform and outline the effects of such termination.

  1. By the User: Users have the ability to terminate their account at any time by following the outlined process on the platform. This typically includes visiting the account settings, initiating the cancellation, and confirming the request. However, it is essential for users to recognize that termination does not absolve them from any existing obligations, such as unpaid fees or ongoing subscriptions. This ensures that users are aware of the implications before initiating the termination process.
  2. By Elysian Piece: Elysian Piece reserves the right to suspend or permanently terminate a user’s access to the platform if they breach any of the Terms of Service, including violations related to intellectual property, fraudulent activities, or the misuse of the platform’s resources. Additionally, if a user engages in harmful behavior or activities that negatively affect the service or other users, the company may act immediately to protect its interests and the integrity of the platform.
  3. Effect of Termination: Upon termination, whether initiated by the user or Elysian Piece, users lose access to their account and any associated data, including but not limited to subscription plans, personal information, and content uploaded to the platform. While users are responsible for backing up their data, Elysian Piece may also take steps to remove any of the user’s content from the platform to comply with privacy laws or internal policies.

In cases where a user believes that their copyrighted content has been infringed upon, this section outlines the process for submitting claims of copyright infringement.

  1. Reporting Process: Users who believe their intellectual property rights have been violated are encouraged to submit a detailed claim to Elysian Piece. This process typically requires users to provide specific details of the infringement, including the URL of the infringing content, proof of ownership, and contact information. By doing so, Elysian Piece can review the claim and take appropriate action, which may involve removing the alleged infringing content or blocking access to it.
  2. Counter-Notification: In the event that content is removed due to a copyright claim and the user believes it was wrongly removed, they may file a counter-notification. This counter-notification must include a detailed explanation of why the content was not infringing and affirmations of good faith by the user. Upon receiving a counter-notification, Elysian Piece is obliged to review it and may reinstate the content if the company determines that the removal was made in error.

5.4 Electronic Communications

This provision outlines the expectation that both parties will communicate through electronic means, including emails, notifications, and messages within the platform.

  1. Consent to Communication: Users agree that by using the platform, they consent to receive communications from Elysian Piece regarding service updates, promotional offers, account management, and legal notices. These communications may be sent via email, in-app notifications, or other electronic forms, ensuring that users are kept informed about critical updates or changes to the platform.
  2. Service Updates and Promotions: Users may also receive marketing materials or promotional communications, but they can opt out of these messages if they are no longer interested in receiving them. However, service-related communications, such as updates to the Terms of Service, privacy policy changes, or security alerts, will continue to be sent to ensure that users remain aware of any essential updates.

5.5 Notice

This clause outlines how legal notices and communications will be exchanged between Elysian Piece and the user, ensuring that both parties are informed in a timely and organized manner.

  1. Method of Notice: Elysian Piece may deliver notices to users through the email address provided by the user during registration or by posting notices within the platform itself. It is essential for users to maintain an up-to-date email address and ensure that they check their inboxes for any such communications. Legal notices may also be sent by certified mail or other legal delivery methods.
  2. Legal Notice to Elysian Piece: Users wishing to send a formal legal notice to Elysian Piece must use the contact details provided on the website. These notices should be in writing and may be sent via postal mail or other legal channels as specified in the contact section. The company is committed to responding to such inquiries promptly to ensure that legal matters are handled efficiently.

5.6 Governing Law and Exclusive Venue

This section determines which state’s laws apply to the agreement and where any legal disputes will be handled.

  1. Governing Law: The Terms of Service are governed by and construed under the laws of the State of Wyoming without regard to its conflict of law principles. This means that any legal matters, such as disputes or enforcement of rights, will be subject to Wyoming’s legal framework. Users must understand that Wyoming law will dictate how the terms are interpreted, even if the user resides in another jurisdiction.
  2. Exclusive Venue: Any disputes related to these Terms of Service or the platform must be resolved in the courts located within the state of Wyoming. The exclusive venue clause establishes that only the courts in Wyoming will have the jurisdiction to resolve legal issues related to the platform. This ensures consistency and clarity in how disputes are handled and prevents the complexity of navigating multiple jurisdictions.

5.7 International Users

This section applies to users who access the platform from outside the United States, highlighting considerations related to international access.

  1. Compliance with Local Laws: Users located outside the United States are responsible for ensuring that their use of the platform complies with all applicable local laws. This includes adhering to data protection laws, intellectual property regulations, and other relevant legal requirements that may differ from those in the United States.
  2. Data Transfer: By using the platform, international users consent to the transfer of their personal data to the United States for processing. Elysian Piece ensures that all personal data is handled in accordance with international data protection laws, such as the European Union’s General Data Protection Regulation (GDPR) and other applicable global privacy regulations.

5.8 Export Control

This provision addresses the regulation of export activities and compliance with U.S. export laws.

  1. Compliance with Export Laws: The user agrees not to use the platform in violation of U.S. export control laws, including the Export Administration Regulations. Users are prohibited from exporting, re-exporting, or using the platform’s services in violation of these laws, which govern the transfer of goods, services, and software to restricted countries or parties.
  2. No Export to Prohibited Countries: Users from countries subject to U.S. trade restrictions, including Iran, North Korea, and Cuba, are prohibited from using the platform. Elysian Piece takes this provision seriously and ensures that its platform complies with these regulatory requirements to avoid any unlawful usage or exportation.

5.9 Entire Agreement

This clause reinforces the concept that the Terms of Service represent the entire and final agreement between the company and the user.

  1. Superseding Previous Agreements: These Terms of Service replace any prior agreements or discussions between the user and Elysian Piece. Any previous contracts, verbal agreements, or misunderstandings regarding the platform’s terms are superseded by this agreement.
  2. Severability: If any provision of the Terms of Service is found to be invalid or unenforceable, the rest of the terms will still remain valid and enforceable. The invalid provision will be modified to reflect the original intention as closely as possible, ensuring the rest of the agreement is not affected.

5.10 Questions, Complaints, Claims, Permissions

This section explains how users can address any concerns or file complaints about the platform.

  1. Customer Support: Users are encouraged to contact Elysian Piece for any questions, complaints, or claims regarding the services. The company strives to resolve issues promptly and fairly, ensuring that all concerns are addressed.
  2. Dispute Resolution: For unresolved disputes, users can follow the procedures outlined in the “Governing Law and Exclusive Venue” section. If necessary, alternative dispute resolution methods such as mediation may be needed. It seems like you’re working on a section of your Terms of Service document and may need further clarification or completion. Here’s a concise outline based on the information provided:

5.11 California Consumer Complaints

California Privacy Rights

California residents are afforded specific rights under the California Consumer Privacy Act (CCPA), a state law designed to enhance privacy rights and consumer protection for residents of California. These rights include:

  • Right to Know: California residents have the right to request disclosure of the personal data that businesses have collected about them. This includes the categories of personal information, the sources from which it was collected, the purpose for its collection, and whether the information is sold or shared with third parties.
  • Right to Access: California residents can request access to the personal data a business has collected about them. This allows users to obtain copies of their personal information in a readable format, enabling transparency on how their data is handled.
  • Right to Deletion: California residents have the right to request that their personal data be deleted from the business’s records, with certain exceptions. For example, data may need to be retained for legal or security purposes.
  • Right to Opt-Out: California residents have the right to opt out of the sale of their personal information. If the business sells or shares personal data, individuals can instruct the company to stop selling their information to third parties.

Elysian Piece fully complies with these provisions of the CCPA. We provide our users, particularly California residents, with clear and accessible mechanisms for exercising their rights under the law. This includes options for accessing, deleting, or requesting information about their personal data, as well as the ability to opt out of the sale of their information.

Complaint Process

If a California resident believes that Elysian Piece has violated their rights under the CCPA, they can submit a complaint in the following manner:

  1. Submit a Request: Users can submit a request through our designated email or through the platform’s contact form to inquire about, request deletion of, or exercise any other rights related to their personal data.
  2. Timeframe for Response: Upon receipt of a request, we will respond within the required 45-day period, as stipulated by the CCPA. If additional time is needed, users will be informed of the delay and the reason for it.
  3. Resolution and Escalation: If the matter is not resolved to the user’s satisfaction, they may escalate their complaint to the California Attorney General’s office. We encourage open communication and are committed to working with users to resolve any privacy concerns.

California residents who wish to make a complaint or exercise their rights under the CCPA may do so by contacting us through the appropriate communication channels listed in our Privacy Policy or Terms of Service. We are dedicated to maintaining transparency in our data collection practices and empowering users to control their personal information in line with California’s robust privacy laws.

Please note that these Terms may be updated from time to time to reflect changes in our services, legal requirements, or user feedback. We recommend revisiting this page periodically to stay informed of any updates. By continuing to use our services, you accept any revisions made to these Terms.