Celilo Group Media Terms of Service
Welcome to Celilo Group Media Inc.’s (“Celilo”) ecometro.com site (“ecometro.com”).We’re thrilled to support community interaction and the sharing of information.We present comments on merchants, articles, and blogs as forums for honest and fun discussion – something like a cocktail party.Please browse ecometro.com and make use of its various features, but please be aware that your use of ecometro.com is subject to the following terms and conditions.
ecometro.com is comprised of various web pages owned and operated by Celilo.Users can post or display text, pictures, and other material on ecometro.com (hereinafter referred to as “Content”).
ecometro.com is offered to you (“User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.By accessing; browsing; posting or displaying Content; or otherwise using ecometro.com, you agree to be bound by, and to act in accordance with, all the terms, conditions, and notices set forth herein.If you do not agree to these terms and conditions, please do not use ecometro.com.
1. Intended Users
ecometro.com is intended for adults only. By accessing; browsing; posting or displaying Content on ecometro.com; or otherwise using ecometro.com, you affirm that you are eighteen (18) years old or older, or that you are over the age of thirteen (13) and possess legal parental or guardian consent, and that you are competent and capable of understanding, agreeing to, and complying with these Terms of Service.
In accordance with the Federal Children’s Online Privacy Protection Act of 1998, Celilo will never knowingly solicit or accept personally-identifiable information from children under the age of thirteen (13) years old.
2. Modification of these Terms of Service
Celilo reserves the right, at any time and without prior notice or liability to you, to change the terms, conditions, and notices under which ecometro.com is offered, including without limitation any charges associated with the use of ecometro.com.Please visit this area each time you visit ecometro.com to keep up-to-date with the current terms regarding your use of ecometro.com.Your use of ecometro.com reaffirms your continuing agreement to the then-current Terms of Service.
3. Modification/Suspension/Discontinuance of ecometro.com
Celilo reserves the right to modify, suspend, or discontinue ecometro.com, any Content on ecometro.com, any portion of ecometro.com, and/or your access to ecometro.com at any time and without prior notice or liability to you.
4. Username and Password
To use ecometro.com, you must select a username and password.You are responsible for maintaining the confidentiality and security of your username and password.You are responsible for all activity occurring under your username.
5. Posting Content
You are solely responsible for your conduct relating to your use of ecometro.com and for any Content that you submit, post, or display on ecometro.com, or that you allow others to submit, post, or display on ecometro.com under your username.
You must not use ecometro.com for unlawful purposes or to promote illegal activities.If you do use ecometro.com for such purposes, your access may be terminated, and Celilo may notify law enforcement authorities of your actions.
You must not create multiple accounts for yourself with the intention of exploiting ecometro.com in any manner.
In order to foster an honest and fun discussion regarding merchants, articles, and blogs, Celilo has created a Content Policy, which provides guidelines and restrictions to which users must adhere when posting or displaying Content on ecometro.com.This Content Policy is incorporated into these Terms of Service, and your use of ecometro.com constitutes acknowledgement of and agreement to the Content Policy.To review the Content Policy, click here.
6. Ownership of Content; Grant of License
While Celilo retains all right, title, and interest in and to ecometro.com, you, or your licensors, as appropriate, retain all right, title, and interest in and to the Content you post or display on ecometro.com, and you are responsible for protecting those rights.By posting or displaying Content on ecometro.com, users grant to Celilo a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to accept, post, use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, publicly display, and make derivative work of the Content alone or as part of other works in any form, media, technology, whether now known or hereafter devised.Users represent and warrant that they have all rights, power, and authority necessary to grant the license to the Content granted to Celilo above.
No compensation will be paid to users for their posts or displays of Content.Celilo is under no obligation to post or use any Content you may provide and may remove any Content at any time in Celilo’s sole discretion.
By posting or displaying Content, you warrant and represent that the use and posting of the Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party.You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of ecometro.com.
7. No Endorsement or Guarantee
Content posted by users on ecometro.com is the responsibility of the users who make such postings.ecometro.com may contain offensive, harmful, inaccurate, deceptive, or otherwise inappropriate Content.Celilo is not obligated to monitor the Content and takes no responsibility for such Content.Celilo merely provides access to such Content as a service to ecometro.com users.Celilo reserves the right, however, to remove any Content on ecometro.com for any or no reason at any time and without prior notice or liability to the user who posted or displayed the Content.
Celilo does not endorse or guarantee in any way the accuracy or reliability of the Content.You acknowledge and agree that any reliance on the Content will be at your own risk.
8. Retention and Storage
Celilo retains the right to make archival and back-up copies of and to store the Content indefinitely.You agree, however, that Celilo has no responsibility or liability for the deletion of, or failure to store or transmit, any Content.
9. No Unlawful or Prohibited Use
As a condition of your use of ecometro.com, you warrant that you will not use ecometro.com for any purpose that is unlawful or prohibited by these Terms of Service. You may not use ecometro.com in any manner that could damage, disable, overburden, or impair ecometro.com or interfere with any other party’s use and enjoyment of ecometro.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ecometro.com.You agree to use ecometro.com in a manner that does not reflect negatively on the goodwill or reputation of Celilo.Further, you agree that your use of ecometro.com will not violate the rights of any third party or breach any contract or duty to any third party.
Violation of these Terms of Service may result in immediate termination of your access to ecometro.com, and may subject you to state and federal penalties and other potential legal consequences.Celilo reserves the right, but has no obligation to, investigate your use of ecometro.com to determine whether you have violated these Terms of Service or failed to comply with any applicable law, regulation, legal process, or government request.
10. Copyright Policy
Celilo will disable access to or remove Content that it believes in good faith is infringing a copyrighted work.Celilo will suspend and/or terminate access of users of ecometro.com that Celilo believes in good faith are repeat copyright infringers.It is Celilo’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.If you believe that your copyright has been infringed by Content posted or displayed on ecometro.com, please refer to the Celilo Group Media Digital Millennium Copyright Act Policy at for information regarding how to file or respond to a notice of infringement.This Digital Millennium Copyright Act Policy is incorporated into these Terms of Service, and your use of ecometro.com constitutes your acknowledgement of and agreement to the Digital Millennium Copyright Act Policy.
11. Privacy Policy
Your use of ecometro.com constitutes your acknowledgment of and agreement to our Privacy Policy.This Privacy Policy is incorporated into these Terms of Service.For information on how Celilo uses and protects the personal information you may provide on ecometro.com, view our Privacy Policy by clicking here
12. Trademarks
Your use of any trademark, service mark, trade name, or logo owned by Celilo in any manner other than as authorized by Celilo in writing is strictly prohibited.
13. Links to Third-Party Blogs or Websites
ecometro.com may contain links to other blogs or websites (“Linked Sites”). The Linked Sites are not under the control of Celilo, and Celilo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Celilo is not responsible for webcasting or any other form of transmission received from any Linked Site.
Celilo is providing these links to the Linked Sites to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement, approval, or sponsorship by Celilo of the Linked Sites, any products or services that may be offered there, or any association with the operators of the Linked Sites.
14. Viruses
We make reasonable attempts to exclude viruses from ecometro.com, but cannot ensure that ecometro.com will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from ecometro.com. You are solely responsible for any damages to computer equipment or other property that may result from use of ecometro.com or downloading anything from ecometro.com.We assume no responsibility for any damages to computer equipment or other property that may result from use of ecometro.com or downloading anything from ecometro.com.
15. Liability Disclaimer
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ECOMETRO.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.CELILO MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ECOMETRO.COM AT ANY TIME.ADVICE RECEIVED VIA ECOMETRO.COM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, MENTAL HEALTH, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CELILO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED ON ECOMETRO.COM FOR ANY PURPOSE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.CELILO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.CELILO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF ECOMETRO.COM WILL MEET THE USER’S REQUIREMENTS; THAT ECOMETRO.COM WILL BE FREE FROM VIRUSES, WORMS, OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS TO OR FROM ECOMETRO.COM WILL BE SECURE AND NOT INTERCEPTED; THAT THE SERVICES AND OTHER CAPABILITIES OFFERED FROM ECOMETRO.COM WILL BE UNINTERRUPTED; THAT ACCESS TO ECOMETRO.COM WILL BE FREE OF ERRORS AND DEFECTS OR THAT SUCH ERRORS AND DEFECTS WILL BE CORRECTED; OR THAT ITS CONTENT WILL BE ACCURATE, COMPLETE, OR TIMELY.CELILO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY LINKED BLOG OR WEBSITE, OR ANY BANNER OR OTHER ADVERTISEMENT.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELILO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE, INABILITY TO USE, OR PERFORMANCE OF ECOMETRO.COM, (2) THE DELAY OR INABILITY TO USE ECOMETRO.COM OR RELATED SERVICES, (3) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (4) ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ECOMETRO.COM, (5) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (6) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ECOMETRO.COM; OR (7) ANY OTHER MATTER RELATING TO ECOMETRO.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CELILO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH ANY PORTION OF ECOMETRO.COM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ECOMETRO.COM.
17. Limitations to Paragraphs 15 and 16
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Celilo’s total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing ecometro.com.
18. Indemnification
You agree to defend, indemnify, and hold harmless Celilo, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, causes of action, or demands, including without limitation reasonable attorneys’ fees, arising out of or relating to your breach of these Terms of Service (including the Content Policy, Digital Millennium Copyright Act Policy, and Privacy Policy, all of which are incorporated herein), your violation of any law or right of any third party through your use of the ecometro.com, or your use of ecometro.com.
19. Termination/Access Restriction
In the event that you violate any of these Terms of Service, Celilo reserves the right, in its sole discretion, to terminate your access to ecometro.com, or any portion thereof, and the related services.Celilo shall not be responsible to you for such termination.Upon such termination, any payment you have made to Celilo for use of ecometro.com will not be returned to you.Upon such termination, you must immediately discontinue use of ecometro.com, and destroy any copies you may have made of any portion of the ecometro.com.Upon termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.Celilo may retain copies of information and content related to your account for archival and back-up purposes.Accessing ecometro.com after such termination through any means shall constitute an act of trespass.
20. Discontinued Use/Survival
You may discontinue your participation in and access to ecometro.com at any time.The Terms of Service will continue to apply to all past use of ecometro.com by you, even if you are no longer using it, whether voluntarily or because Celilo terminated your access.
21. Availability of Help
ecometro.com may provide a help file or other instructions for the use of ecometro.com.However, you understand that Celilo is under no obligation to provide any support for the use of ecometro.com.
22. Contact Us
Contact Celilo in any of the following ways if you have any comments or questions about the Terms of Service or Celilo’s services:
Address: Celilo Group Media, Inc., 735 SW First Avenue, 3rd Floor, Portland, OR 97204
E-mail: info@ecometro.com
Phone: 503-226-7798
Fax: 503-226-7917
23. Notices
Celilo may provide you with notices, including without limitation notices regarding changes to the Terms of Service, to ecometro.com, or to your access to ecometro.com, via e-mail and/or by posting such notices on ecometro.com, whether in the Terms of Service, the Content Policy, the Digital Millennium Copyright Act Policy, the Privacy Policy, or elsewhere.
24. General
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts, both federal and state, in Multnomah County, Oregon, U.S.A. in all disputes arising out of or relating to the use of ecometro.com.Use of ecometro.com is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Celilo as a result of this agreement or use of ecometro.com.Celilo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Celilo’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of ecometro.com or information provided to or gathered by Celilo with respect to such use.If Celilo fails to act with respect to your breach or default of any of these Terms of Service, Celilo is not waiving its right to act with respect to any subsequent and/or similar breach or default.If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.You may not assign, delegate, or transfer your rights or obligations under these Terms of Service.We may assign our rights under this agreement without your consent or prior notice to you. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Celilo with respect to ecometro.com, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Celilo with respect to ecometro.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.Any rights not expressly granted herein are reserved by Celilo. The headings used in this agreement are not intended by the parties to have independent meaning or to modify in any way the terms of this agreement.