Last updated: June 2018
The www.emilyheart.com website (the "Website") is composed and operated by the operator of this Website and/or the provider of the Services and/or of its affiliates. "Services" means any of the information, links, products and/or services offered by the Company.
1. USE OF THE SERVICES
We shall: (i) provide to you basic support for the Services and/or the use of the Website, (ii) use commercially reasonable efforts to make the Services and/or the use of the Website available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours' notice via the Website), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, war, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, (iii) provide the Services only in accordance with applicable laws and government regulations.
Use Limitation: Unless direct written consent from Company has been received, the Website and/or the Company's Services are to be used solely for your own use. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, code, products or services obtained from Company. Company reserves the right to refuse service or use of its products or services to anyone, for any reason and at any time, as it deems necessary.
Illegal and Prohibited Usage: You will NOT use the Website and/or the Services for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Company. You agree that all information provided by you is true. You may NOT use the Website in a manner, which could/may damage, disable, overburden, or impair any aspect of the Website or the network or networks connected to the website, or may interfere with any other party's ability to use or enjoy the Website. Any unauthorized attempts to gain access to the website, or other individual accounts, or any computer systems or networks connected to any Company's Website, through any means, including; hacking, password mining, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Company Website.
You are prohibited from posting or transmitting to or from this Website and/or the Company's Services any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Company to liability. Company may delete, remove or destroy any such material at Company's sole discretion.
3. USER SUBMISSION
Any non-personal material, information or other communication you transmit or post to this Website (“Non-Personal Communications”) will be considered non-confidential and non-proprietary. Company will have no obligations with respect to the Non-Personal Communications. By sending Non-Personal Communications to Company, you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to copy, disclose, distribute, incorporate into other materials and otherwise use the Non-Personal Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Company to liability. Company may delete, remove or destroy any Non-Personal Communications in Company’s discretion that it believes in its sole discretion may be illegal or expose Company to liability or objectionable for any other reason.
4. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
Reservation of Rights: Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services and/or the Website, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Restrictions: You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
Ownership of Your Data: As between us and you, you exclusively own all rights, title and interest in and to all of Your Data.
Waiver of Rights: You agree to grant to Company a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to Company, by all means and in any media now known or hereafter developed. You hereby waive all rights, legal, moral or otherwise, in any such materials and information, and you hereby warrant that any such materials and information originate with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in your public communication.
Operation: Company reserves complete and sole discretion with respect to the operation of the Services and/or the Website. Company may, among other things: (a) delete any information from the Website; (b) make available to third parties information relating to Company and Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Services and/or the Website. Company assumes no responsibility or liability for any content or activity, unlawfully perpetrated by the user at any time on Company’s website.
Website Content: All content, including, but not limited to, the descriptions, information, flash files, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on the Website is owned or controlled by Company and may be protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without Company’s express written consent.
Please respect our intellectual property rights. Any personal usage or reprint of our materials must include all copyright, trademark and any other proprietary notices reflecting Company’s exclusive ownership of said content. We expressly do not provide any rights or licenses to you as a user of our Website and Company retains exclusive worldwide intellectual property rights to all its materials.
Copyright: The entire contents of the Website are copyrighted as a collective work under international copyright laws. Company holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of Company solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Company.
Other Sites: You are encouraged to use discretion while browsing the Internet on searches initiated at Company. Company links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Company makes no representations concerning any effort to review all of the content of sites linked from its website.
Review of Postings and Uploads: Company does not and cannot review all communications and materials posted or uploaded to the Website and is not responsible for the content of these communications and materials. However, Company reserves the right to block or remove communications or materials that it determines, upon being made aware of any matters it deems inappropriate, and at its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Company.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR SERVICES AND/OR YOUR INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE REGARDING YOUR USAGE OF ANY THIRD PARTY LINKS, OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT OR INFORMATION YOU SEND TO THE WEBSITE/COMPANY OR ANY BREACH BY YOU OF THESE TERMS, ANY OF OUR POLICIES OR TERMS AND CONDITIONS, OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS.
5. DISCLAIMERS AND LIABILITY LIMITATIONS
You expressly acknowledges and agrees that:
- Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control and prevail.
- The content available through the Website is the sole property of Company or its providers, suppliers or licensors. All material published on the site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, may be protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Company or our providers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the site to anyone without our express prior written consent.
- You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
- The Website may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites and/or services that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Website of any third party content or a link to a third party site is not an endorsement of that content or third party site.
- By using this Website and/or the Services, you agree under penalty of perjury to make the following statements:
- I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
- Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
- I believe I have the unalienable right to read and/or view any type of material I choose.
- I am aware of the standards of my local community with respect to the materials offered on this Website; I am familiar with the materials offered by this Website; and I represent, warrant and certify that the links, information, and use of materials on this site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this site, I agree to no longer access this Website.
- I recognize that the Company has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
- By viewing and/or using this Website and/or the Services, you agree that Company will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this site. You agree to defend, indemnify and hold harmless Company, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the Website and/or the Services, including without limitation claims made by third parties related to your use of the site.
- Company and its providers, suppliers and licensors provide this Website and/or the Services and/or any products and/or goods therein on an "as is" and "as provided" basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the Website and/or Services. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We make no representation that the Website and/or Services will be uninterrupted or error, force majure, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, mis-delivery, corruption, destruction, or events.
- Without limiting the foregoing, we shall not be liable to you or your business for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of this Website and/or the Services or any goods or products provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy.
- Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our Website.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Your use of this Website and any data offered here is at your own risk. The Website Content, information and data, Services and/or any goods or products provided (collectively, “Information/Goods”) made available at this Website are provided “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ACCURACY, COMPLETENESS, CURRENCY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOUR ACCESS TO THIS SITE IS VOLNUTARY AND AT YOUR OWN RISK. Neither Company nor its divisions, subsidiaries, successors, parent companies, affiliates or their employees, partners, principals, agents and representatives, nor any other party involved in creating, producing or delivering this Website and/or the Services and/or the Information or Goods is liable for any direct, incidental, consequential, indirect, punitive or any other damages arising out of your access to, or inability to access, or use of, or inability to use, this website, or out of any loss or corruption of data provided by Company or by you through use of this Website. This includes liability for damage to your computer hardware, data, information, materials, and business as well as personal injury or death resulting from the Information/Goods available on this Website, from viruses that may infect computer equipment, or from unauthorized access or use of any party’s systems, applications or data including yours, Company and any of Company’s agents or contractors.
- This Website may contain Information/Goods provided by third parties and links to sites of other organizations solely for your convenience. Company has not reviewed all of this information or these sites and they are not under Company’s control. Your use of such third-party Information/Goods is at your own risk. Company and its divisions, subsidiaries, successors, parent companies, affiliates and their employees, partners, principals, agents and representatives, do not assume any responsibility or liability for any communications or materials available at such third party Information/Goods or linked sites and do not intend these links to be referrals to or endorsements of the linked entities.
6. DMCA Notifications of Claims of Infringement
If you believe that your work has been copied on our website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at our “Contact Us” page.
Please provide us with the following Notice:
- Identify the material on our Website that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
7. PERSONAL DATA / INFORMATION
8. TERMS AND TERMINATION
This Agreement commences on the date you access this Website and continues until terminated.
9. GENERAL PROVISIONS
Jurisdiction: Company makes no representations that materials in this Website are appropriate or available for use in any locations and those who choose to access this Website from other locations are solely responsible for compliance with any and all local laws to the extent local laws apply.
In particular, you should not construe anything on this Website as a promotion or solicitation for any service or use of any Service that is not authorized by the laws and regulations of the place where you are located. No information or content from this Website may be downloaded, exported or re-exported, and no product purchased through this website may be exported or re-exported, into (or to a national or resident of) any countries that are subject to export restrictions.
No implied waiver: Company's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Company may assign its rights and duties under these Terms to any party at any time without notice to you.
Notices: Except as otherwise specified in these Terms, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim).
Notices should be addressed us via email at our “Contact Us” page.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
Entire Agreement: These Terms, including all exhibits and/or other Policies, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Contact Information: If you have questions or concerns regarding these terms, you should email Company at our “Contact Us” page.