General Disclaimer

Elephant Ninja does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this Web site are any Elephant Ninja App (the “Service”), nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Elephant Ninja reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

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THE SERVICE AND THE MATERIALS ARE PROVIDED BY ELEPHANT NINJA ON AN “AS IS” BASIS, AND ELEPHANT NINJA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL ELEPHANT NINJA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, AND THE PRODUCTS.

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Elephant Ninja encourages you to exercise discretion while browsing the Internet using this site or using our mobile applications.

Elephant Ninja makes no representations concerning any endeavor to review the content of sites linked to this site or any of the Materials, and so Elephant Ninja isn’t responsible for the accuracy, copyright compliance, legality, or decency of material contained in sites listed in the directory or in the Materials.

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Elephant Ninja respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. Elephant Ninja may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to copyright@ElephantNinja.com.

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1. Acceptance of Terms

Elephant Ninja provides its Services to you, subject to the following Terms of Use (TOU), which may be updated by Elephant Ninja at any time without notice to users. In addition, when using particular Elephant Ninja Services, you and Elephant Ninja shall be subject to any posted guidelines or rules applicable to such Services. All such guidelines or rules are hereby incorporated by reference into the TOU.

This agreement is to be construed and interpreted according to the laws of the State of California. The failure of Elephant Ninja to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

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2. Description of Services

Elephant Ninja currently provides users with access to a variety of Services, including but not limited to, job banks, staffing services, source code, documents, news, press releases, peer publishing and industry articles.

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Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Elephant Ninja Portals, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS” and that Elephant Ninja assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

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You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

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3. Modifications to Service

Elephant Ninja reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Elephant Ninja shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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4. Elephant Ninja Privacy Policy

Use of any and all Elephant Ninja services is subject to the Elephant Ninja Privacy Policy. The privacy policy may be found by clicking here.

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5. Links to 3rd Party Sites

Web sites and Services within the Elephant Ninja Network may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of Elephant Ninja and Elephant Ninja 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. Elephant Ninja is not responsible for any other form of transmission received from any Linked Site nor is Elephant Ninja responsible if the Linked Site is not working appropriately. Elephant Ninja is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elephant Ninja of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Elephant Ninja is under no obligation to link to any site.

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In addition Elephant Ninja may have an affiliate relationship with the 3rd party site that results in payment to Elephant Ninja when a purchase is made via the affiliate link. Elephant Ninja currently has affiliations with the following companies:

• Google – Advertising banners and searches

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6. Submitted Content

In many cases, users are invited to submit Content, which includes but is not limited to such items as documents, source code, job listings, topical questions other forums, to Elephant Ninja for publication, circulation, or distribution. Elephant Ninja does not claim ownership of Content submitted, but by submitting such Content users grant Elephant Ninja a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content.

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Elephant Ninja reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Elephant Ninja.

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Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.

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Individuals submitting Content certify that their submissions (including but not limited to source code) contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.

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Elephant Ninja assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that Elephant Ninja is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Elephant Ninja will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.

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7. Harvesting of User Information

You agree that you will not harvest or collect any information, including email addresses, for any users of any service for any purpose whatsoever. You further must agree that you will not directly contact any user or subscriber of any service for any purpose whatsoever.

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8. Reproduction of Content

You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the service, use of the service, or access to the Service.

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9. Disclaimer of Warranties / Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOURCE CODE, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN “AS IS, AS AVAILABLE” BASIS.

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YOU USE IT AT YOUR OWN RISK, AND ELEPHANT NINJA, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT ELEPHANT NINJA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

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ELEPHANT NINJA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

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10. Indemnification

You will indemnify and hold Elephant Ninja, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys’ fees, which may arise from a breach of these Terms of Use or to your violation of these Terms of Use, including any content submitted to, uploaded to, or transmitted via Elephant Ninja by you.

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11. SPAM

Elephant Ninja does not SPAM, period. That’s our policy. If you have received SPAM from an Elephant Ninja address then it’s most likely a forged email. For additional information on terms and conditions, please contact us by e-mail by clicking “Contact Us“