General TOS

Ignore at your peril.

 

Last Updated: May 2, 2020.

Call Recording

The Elporia Network phone system has been set up to record both incoming and outgoing calls. The purpose of recording a telephone conversation is to facilitate:

– note taking
– problem solving
– quality control
– record keeping
– training

and to better handle and address any concerns expressed or shown by our customers. We also record conversations with interviewees to rebroadcast as podcasts.

When recording a call, it is the policy of the Elporia Network to:

1) inform all the parties, using an automated script, that the call is being recorded;

2) if the call is initiated by Elporia, we ask for consent by having them verbally agree to proceed with the recording.

3) if the call is initiated by a party not connected with Elporia, we inform the party that the call is being recorded, and if the person agrees, we continue. If the person does not agree, we arrange to call them back on another phone that is not set up to record automatically or we instruct them to write to us.

4) if the call is a conference call where several parties participate, we inform everyone involved, prior to making the connection, that the call is being recorded.

5) if requested, we will make a time-stamped copy of the call recording and arrange for the caller to download the file after the recording has been archived.

6) depending on how a call is catalogued and whether it needs to be retained for record keeping purposes, all metadata associated with calls to the Elporia Network are purged from our databases, together with normal system maintenance on a weekly basis.

The Elporia Network does not use the recording of our callers’ voices for authentication purposes,

The Elporia Network and its Partners make every effort to record calls that are in compliance with the rights, duties and obligations stated in our Privacy Policy.

Claims

In order to continue using the Elporia Network, you acknowledge that:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ELPORIA, TOGETHER WITH OUR PARTNERS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR SITES.

Contact

If you have any questions or concerns about any of the sections or clauses contained in our Terms of Service document, please feel free to contact us:

Mailing Addresses:

Elporia, Inc.
2315 Jim Lee Road
Tallahassee, FL 32301
USA
Phone Number: 1 850 848 2198

Elporia, CA
Suite 3
148 George Street,
Arthur, Ontario N0G 1A0
Canada
Phone Number: 1 877 848 2198

Elporia, GR
5, Lelas Karagianni Str,
Likovrissi, Attiki 141 23
Greece
Phone Number: (30) 21 11 99 2011

Email Addresses:

Elporia <elporia@elporia.net>

Fapware <fapware@fapware.com>

Metabong <metabong@metabong.com>

Online Forms:

Elporia: Contact Us

Fapware: Contact Us

Metabong: Contact Us

Dissatisfaction

You need to be aware that:

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELPORIA Network OR WITH THESE TERMS OF SERVICE, YOUR best course of action IS TO take the following steps:

1) STOP ACCESSING ANY OF THE ELPORIA Network WEBSITES;

2) UNSUBSCRIBE FROM ANY SERVICES WE ARE PROVIDING;

3) DISCONTINUE PURCHASING PRODUCTS FROM OUR STORES; AND

4) resolve to NEVER USE OUR PLATFORM again, UNLESS OF COURSE, YOU CHANGE YOUR MIND.

Enforcement

In order to continue using the Elporia Network, you acknowledge that:

THE FAILURE OF ELPORIA, TOGETHER WITH OUR PARTNERS, TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

THE TERMS AND OUR TOS POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE ELPORIA Network AND GOVERN YOUR USE OF THE ELPORIA Network SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND THE ELPORIA Network (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS).

Exclusions

You understand and agree that:

SOME JURISDICTIONS DO 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 SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnification

Elporia and its Partners reserves the right, at our expense, to assume:

exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Elporia, Inc — or Eporia, CA or Elporia, GR, as the case may be — if and as requested by Elporia and its Partners in the defense and settlement of such matter.

Furthermore, you agree to defend (at Elporia’s discretion), indemnify, and hold the Elporia Network and its Partners harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Elporia Network Sites or any breach by you of these Terms of Use as outlined in this document.

Jurisdiction

Before resorting to litigation, we strongly encourage you to contact Elporia directly to try and resolve any issues you might have with us, our products or our websites. We are not unreasonable. Plus, it’s baked into our corporate culture to make a good faith effort to avoid conflict, even if means, backing down on a issue — even when we have the law firmly on our side — in order to keep our customers satisfied. Let’s face it. It is not in our best interest, long-term to win a case at the expense of losing a customer.

If you are a resident of the United States:

YOU AGREE THAT THESE TERMS AND YOUR USE OF THE ELPORIA Network SERVICES ARE GOVERNED UNDER FLORIDA LAW. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST THE ELPORIA Network MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN LEON COUNTY, FLORIDA, EXCEPT AS OTHERWISE AGREED BY THE PARTIES. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN LEON COUNTY, FLORIDA, FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.

If you are a resident of Canada:

YOU AGREE THAT THESE TERMS AND YOUR USE OF THE ELPORIA Network SERVICES ARE GOVERNED UNDER ONTARIO LAW. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST THE ELPORIA Network MUST BE RESOLVED EXCLUSIVELY BY A PROVINCIAL OR FEDERAL COURT LOCATED IN WELLINGTON COUNTY, ONTARIO, EXCEPT AS OTHERWISE AGREED BY THE PARTIES. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN WELLINGTON COUNTY, ONTARIO, FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.

If you are a resident of Greece, the European Union (EU) or the European Economic Area (EEA):

YOU AGREE THAT THESE TERMS AND YOUR USE OF THE ELPORIA Network SERVICES ARE GOVERNED UNDER EU OR EEA LAW. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST THE ELPORIA Network MUST BE RESOLVED EXCLUSIVELY BY A COURT WITH JURISDICTION LOCATED IN LIKOVRISSI, ATTIKI, EXCEPT AS OTHERWISE AGREED BY THE PARTIES. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED IN GREECE FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.

Liability

In order to continue using the Elporia Network, you acknowledge that:

YOU UNDERSTAND AND EXPRESSLY AGREE THAT ELPORIA, TOGETHER WITH OUR PARTNERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ELPORIA Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1) THE USE OR THE INABILITY TO USE THE SERVICE;

2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

5) ANY OTHER MATTER RELATING TO THE ELPORIA Network SERVICES.

Privacy

The Elporia Cookies and Privacy policies explain what Personal Information we collect, how we use and share that data, and what your choices are concerning our data practices.

For California residents, please consult the California Consumer Privacy Act (CCPA) to learn more about your privacy rights.

For Canadian residents, please consult the Personal Information Protection and Electronic Documents Act (PIPEDA), which governs the collection and use of personal information and how it’s protected.

For residents of the European Union (EU) and the European Economic Area (EEA), your privacy rights are delineated in the General Data Protection Regulation (GDPR), a regulation in EU law on data protection and privacy.

For other jurisdictions, please consult the Privacy Policy of your respective countries/regions to find out what privacy protections have been put in place to safeguard your data.

Rights

When using the Elporia Network or one of our Sites, these are the rights you can, and should, expect:

elporia, together with its partners, which conducts business as the Elporia Network, grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our Brands and websites.

In reality, this means that you can read, listen to, watch, and purchase anything we offer. In exchange, we expect that you will adhere to the policies and practices that govern the use of our platform and websites, as described herein.

Unauthorized use of the materials on any of our Sites may violate copyright, trademark, patent and other laws and is therefore, prohibited by law.

The Elporia Network Policies that deal explicitly with Intellectual Property Rights and Privacy are:

Cookies

Copyright

Privacy

Trademark

In addition to reading the TOS, it is YOUR responsibility to read these documents too.

We do not require the users of our Sites to make use of the complete set of services we offer.

Similarly, you acknowledge that you do not acquire any ownership rights by using these Sites.

If you have been approved to operate an Elporia Seller Account, the above clause does not apply to any ownership rights associated with the products or services you are selling on the platform, provided you are in good standing and have not violated any contractual obligations and responsibilities outlined in the Elporia Seller Agreement.

Risk

Please be advised that:

YOUR USE OF THE ELPORIA Network IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Security

It is understood that unauthorized additions, deletions and alterations might be, and could be, made to one or all of our Sites by a hostile Third Party even though Elporia and its Partners have made every effort, as is reasonable under the law, to ensure the integrity and the accuracy of our Sites.

We implement reasonable technical, administrative, and organizational measures – based on Open Source Software – to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

However, you should be aware that no transmission is 100% error free. It’s not even fully secure, particularly when you take into consideration that the internet is rife with unscrupulous operators who are looking for any chance to exploit known and unknown vulnerabilities. Therefore, you should take special care in deciding what information you send to us and how you choose to send it.

We are not responsible for the circumvention of any privacy settings or security measures contained on Third Party websites.

If the security of your account has been compromised, you will need to contact our system administrator immediately, by phone, email — if you have an email account that hasn’t been compromised — or using a relatively secure machine, write to us using a contact form that can be found in the top menu bar for each of our Sites.

The Elporia Network cannot and will not be liable for any loss or damages arising from a user’s failure to comply with standard practices, including any losses or damages arising from a failure to:

1) properly exit from an account at the end of each session;

2) prevent any unauthorized use of a password or account or any other breach of security that might occur as a result of someone gaining access to your local machine/device or someone hijacks your internet connection; and/or

3) notify Elporia immediately with details regarding, when, where and how the mishap may have occurred.

If you detect, come across or become aware of a security breach, it is your responsibility to notify us immediately.

Please contact us by phone, email or using our secure online form with, if possible, a description of the problem, as well as any information we can use to follow up with you.

Site Removal

Regarding the decommissioning one or all of our websites:

The Elporia Network may also, in its sole discretion, and at any time, discontinue providing or hosting one or all of our Sites, or any part thereof, with or without notice.

Warranties

Elporia, together with our partners, make no representation or warranties of any kind with respect to the products and services provided by the Sites we are operating.

For example,  it is beyond our power to provide a guarantee, much less warrant that our services will:

1) MEET YOUR SPECIFIC REQUIREMENTS AND EXPECTATIONS;

2) WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE;

3) MEET YOUR NEEDS/REQUIREMENTS REGARDING THE QUALITY AND PERFORMANCE OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH ONE OF OUR SITES , AND/OR

4) BE ERROR-FREE AND IN THE EVENT AN ERROR/BUG/VULNERABILTY OCCURS, IT WILL BE DETECTED AND CORRECTED BEFORE ANY DAMAGE MIGHT HAVE OCCURRED.

 

Elporia

A fledgling network of stores and marketplaces that embody:

  • Wow!
  • What-if . . .
  • Why not?

 

Licensing

Creative Commons License

Locations

United States
Tallahassee, Florida
32301
(1) 850 848 2198

Canada
Arthur, Ontario
N0G 1A0
(1) 877 848 2198

Europe
Lykovrysi, Greece
141 23
(30) 211 199 2011

Depending on your carrier, additional charges may apply.

Global
(883) 51 00 09 90 5700 INUM

 

Email

elporia@elporia.net