Terms and Conditions for Customer Product Reviews and Copyright Infringement Notice

Please read these terms and conditions carefully before submitting a customer rating or review (“Review”). These Terms and Conditions (“Terms”), govern your use of and submission and posting of Reviews of products on eloquii’s website and any microsites of eloquii or pages on social media sites, such as Facebook, Twitter or YouTube; and mobile sites of eloquii where Reviews might be posted (collectively, the “Sites”). In addition to these terms, additional terms of use related to your use of our website, the home page of which is at www.eloquii.com (this "Website"), can be found by clicking here.

Submissions of Reviews are also subject to eloquii.com Private Policy.

Your submission of a product rating or review confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not submit a rating or review.

1. Reviews and User Submissions. eloquii’s Sites permits the submission of user-submitted ratings and reviews in addition to the submission of other user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, eloquii does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

2. License. By submitting User Submissions, you hereby grant to eloquii an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, change, condense, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion , entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, eloquii shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. eloquii does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. eloquii reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with the Terms and Conditions, including without limitation, the Prohibited Uses of Website and Services, Review Guidelines and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. For clarity, eloquii obtains the license above, but does not claim ownership of your User Submissions.

3. Your Representations. In connection with User Submissions, you affirm, represent, and warrant to eloquii that:

1. the content of your User Submission(s) is original (no lifts from previously published material, including music);
2. you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to eloquii as set forth in the license granted above;
3. use of your User Submission(s) on the Website or otherwise by eloquii, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and
4. you have obtained written permission from any other person named , photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow eloquii to utilize the User Submission(s) without compensation; and
5. the User Submission(s) that you submit do not contain any material for which you were compensated or granted any consideration by any third party; and
6. you are at least 18 years old.

4. Prohibited Uses of Website and Services. You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that

1. contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
2. are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
3. contain chain letters or pyramid schemes;
4. contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
5. includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
6. contain email addresses, first and last names, URL’s, phone numbers, physical addresses, or other forms of personal contact information;
7. impersonate any person, business or entity, including our company and our employees and agents;
8. encourage conduct that would constitute a criminal offense;
9. give rise to civil liability;
10. otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or
11. in doing so, amounts to any conduct that, in the judgment of eloquii, restricts, impairs, interferes or inhibits any other user from using or enjoying the Sites and/or our related services and products.

5. Indemnification by You. You agree to indemnify and hold harmless eloquii (and its officers, directors, employees, agents, joint ventures, and third-party service providers including, without limitation, Bazaarvoice, Inc.), from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including attorney’s fees, arising out a breech or your representations and warranties set forth above, or your violation of these Terms and Conditions, any lay or regulation or the rights of any third party.

6. Notice of Copyright Infringement. eloquii does not permit copyright infringing activities on the Website, and eloquii may remove any User Submissions or other materials if properly informed that any such User Submissions or other materials infringe on another’s copyright rights. eloquii will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any User Submissions or other material infringes upon your copyrights, you may notify eloquii by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the User Submission or other material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit eloquii to locate the same;
4. Information reasonably sufficient to permit eloquii to contact you, such as an address , telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the User Submission or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

Marla Goins-Hipsher
The Limited
7775 Walton Parkway
4th Floor
New Albany, OH 43054

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

7. Special Notice. eloquii and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in meta tags and/or hidden text. Specifically, the use of our trademarks or names in meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any eloquii.com web page is prohibited absent express written permission from eloquii. Framing, inline linking or other association of the eloquii.com web site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the eloquii.com web site is expressly prohibited.

8. Revisions to these Terms and Conditions. These Terms of Use for Customer Product Reviews may be revised at any time and from time to time by updating this posting. You should review these Terms of Use for Customer Product Reviews each time you submit a review because they are binding on you. Certain provisions of these Terms of Use for Customer Product Reviews may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website after any changes to these terms and conditions are posted will be considered acceptance of those changes.

9. Termination. We may suspend or terminate your ability to submit product ratings or reviews at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Reviews are generally posted within two to four business days, but eloquii reserves the right, in its sole discretion, to remove or refuse to post a Review that are not compliant with these Terms and Conditions or the Review Guidelines.