Updated: July 5, 2024

Ello Library Terms of Service

  • Introduction

    1. Welcome to the Ello Library, a free online decodable public library designed to support educational initiatives. By accessing or using the Ello Library, you agree to comply with and be bound by the following terms of service. If you do not agree to these terms, please do not use the Ello Library.

  • Educational and Non-Commercial Use

    1. These e-books are provided for personal and educational use only. They are intended to support learning in classrooms, at home, and other educational settings. You may not use any part of these e-books for commercial purposes without prior written permission from Ello Technology, Inc.

  • No Modifications

    1. You may not alter, transform, or build upon these e-books. Any modifications, adaptations, or derivative works based on these e-books are strictly prohibited without prior written consent from Ello Technology, Inc. This ensures the integrity and educational quality of the materials.

  • No Redistribution for Profit

    1. You may not reproduce, distribute, or transmit these e-books, whether in print, digital, or any other form, for profit or for any commercial advantage without prior written permission from Ello Technology, Inc.

  • Attribution

    1. When using these e-books in a manner permitted by these terms, you must attribute the work to Ello Technology, Inc. in a clear and visible manner. This includes usage in presentations, lesson plans, and other educational materials.

  • User Conduct

    1. By using the Ello Library, you agree not to use the service for any illegal or unauthorized purpose. You also agree not to engage in any activity that interferes with or disrupts the services. This includes ensuring that the materials are used in a manner that is respectful and appropriate for educational environments.

  • Proprietary Rights

    1. You acknowledge and agree that Ello (or Ello’s licensors) own all legal right, title and interest in and to the Services and Ello-Supplied Content and that the Services and Ello-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  
    2. Except as provided in Section 8, Ello acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Ello, you agree that you are responsible for protecting and enforcing those rights and that Ello has no obligation to do so on your behalf.

  • License from Ello and Restrictions on Use

    1. Ello gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services solely for your personal, non-commercial use, in the manner permitted by these Terms.
    2. You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Ello, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
    3. You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    4. You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties
    5. You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
    6. You may not access the Services for the purpose of bringing an intellectual property infringement claim against Ello or for the purpose of creating a product or service competitive with the Services.  You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.
    7. You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Ello, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
    8. Please note that we do not promote, recommend or condone use of the Services during other activities, such as the operation of machinery, where there is any risk of accident.

  • Privacy Policies

    1. These Services are provided in accordance with our Privacy Policy, which can be found at www.ello.com/privacy You agree to the use of your User Content and personal information in accordance with these Terms and Ello’s Privacy Policy.

  • User Generated Content

    1. Ello may work with its users from time to time to collect photos, videos, and other content that you create. If you choose to share this content with Ello, you will be asked to read and sign a document that includes the following language.
    1. Rights. When we refer to "UGC," it includes any images, text, videos, quotes, and/or other materials included in your content. If you chose to share them, this also includes your name, likeness, image, user name, social media handle, avatar, or other identifier utilized by a website or social media platform. You hereby grant Ello, our affiliates, and Ello's and our affiliates' licensees, successors, agents and assigns (collectively "Licensees"), the absolute and irrevocable right and permission to reproduce, modify, publish, display, prepare derivative works, distribute and/or otherwise use your UGC in any manner, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or later invented, royalty-free, non-exclusive, worldwide, sublicensable, transferable, and in perpetuity, for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of Ello and/or its or its affiliates' products and services. This right to use your UGC also includes the right to change, edit and/or modify your UGC and any element and/or component thereof. You waive any right to inspect or approve use of UGC as described in these UGC Terms. You agree that all right, title, and interest in and to the finished product in which your UGC may appear, including the copyrights therein, shall vest exclusively in Ello. You agree that Ello does not owe you any compensation, payment, recognition, or royalties in connection with your UGC.
    1. Representations. You represent and warrant that you own all rights in and to the UGC you send to Ello and all elements and/or components thereof. If other individuals are identifiable in your UGC, you have obtained their permission to grant this license. You further represent and warrant that any testimonials or statements contained in your UGC are given by you voluntarily, are true and accurate, and reflect your honest opinions, findings, beliefs, experiences and sentiments. Finally, you represent that you are over the age of majority in your state of residence, have read and agree to these UGC Terms, and have the right to satisfy the obligations in these UGC Terms.
    1. Acknowledgement and Release. To the greatest extent allowed by law, you hereby agree to release, hold harmless and not assert any claim of any nature whatsoever against Ello or its Licensees relating to the exercise of the permissions granted pursuant to these UGC Terms, including, but not limited to, any claim of copyright infringement, libel, slander, defamation, invasion of privacy or right of publicity or any other right. You waive all claims against Ello and its Licensees and will indemnify them from any and all claims arising out of your breach or alleged breach of any of the above representations and/or warranties.
    1. Waiver and Severability. These UGC terms will remain effective unless we agree otherwise in writing. If any provision of these UGC Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, you and we agree that such provision will be eliminated or limited to the minimum extent possible so that the remaining provisions of these UGC Terms remain in force.
    1. Changes to the UGC Terms. Ello may revise and update these UGC Terms from time to time in our sole discretion. All changes will become effective immediately when we post them. These terms were last updated August 23, 2022. For more information, please visit our website at www.ello.com.

  • Modification and Termination of Services

    1. Ello is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Ello provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.  Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
    2. You may terminate these Terms at any time by canceling your account on the Services in which case these Terms will still be valid for the subscription time you have already paid for. You will not receive any refunds if you cancel your account.
    3. You agree that Ello, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Ello will not be liable to you or any third party for such termination.
    4. You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
    5. Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

  • Changes to the Terms

    1. These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
    2. Changelog: Previous versions of our terms of service are available through the links below.
      Update issued May 31, 2023

  • DISCLAIMER OF WARRANTY

    1. ALL CONTENT MADE AVAILABLE THROUGH THE ELLO APP IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
    2. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, AT ELLO'S DISCRETION.
    3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES, ALONG WITH ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    4. ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
    5. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ELLO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  • LIMITATION OF LIABILITY

    1. SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    2. THE LIMITATIONS ON ELLO’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ELLO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    3. SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ELLO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

  • Indemnification

    1. You agree to hold harmless and indemnify Ello, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Ello and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

  • Copyright Policy

    1. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent at support@ello.com A sample notice is provided below.

      DMCA Notice of Alleged Infringement (“Notice”)
    1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. 
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Third-Party Content

    1. The Services may include references or hyperlinks to other web sites or content or resources or email content. Ello has no control over any web sites or resources which are provided by companies or persons other than Ello.
    2. You acknowledge and agree that Ello is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that Ello is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

  • Third Party Software

    1. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
    2. If the Ello App is downloaded by you from the Apple App Store or Google Play Store, your use of the Ello App must comply with the applicable Apple App Store or Google Play Store Terms of Use. Additionally, you and Ello acknowledge that (i) the Terms are concluded between you and Ello only, and not with Apple or Google, (ii) neither Apple nor Google are responsible for the Ello App or the contents thereof, (iii) Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Ello App, (iv) Ello, not Apple or Google, is responsible for addressing any claims from you or any third party relating to the Ello App or your possession and/or use thereof, including product liability claims, any claim that the Ello App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation, (v) Apple, Google, and their subsidiaries are third-party beneficiaries of the Terms with respect to the Ello App, and they shall have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof with respect to the Ello App, and (vi) Ello, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Ello App.

  • Feedback

    1. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ello under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

  • Disputes

    1. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ello and limits the manner in which you can seek relief from us.
    1. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  Except for small claims disputes in which you or Ello seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND ELLO, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.  YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST ELLO THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.
    2. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@helloello.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

  • Miscellaneous

    1. These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Ello to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Ello must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

  • Contact Us

    1. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@helloello.com
    2. When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.
    3. By using the Services, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
Ello is a Public Benefit Corporation
Ello ReviewsAbout UsJobsFor TeachersCommunityResearchContact Us
Referral Program
© 2023  Ello Technology, Inc. All Rights Reserved.
Terms | Privacy Policy