We may amend these Terms and Conditions from time to time. We will post any changes to the Terms and Conditions on the Website, and if the changes are significant, we will provide a more prominent notice on the home page of the Website, or by sending you an email at the address we have on file for your account (“Account”). You agree that your continued access or use of the Website or any Software after posting of the amendment to the Terms and Conditions on this Website or the provision of such notice of an amendment to the Terms and Conditions will constitute your affirmative acceptance of any such amendment and your agreement to its terms.
Additional policies and terms may apply to the specific portions of the Website and are not set forth herein (“Special Terms”). Please refer and review all additional Special Terms. If there is a conflict between this Agreement and the Special Terms, the Special Terms shall control with respect to your use of that area of the Website. All Special Terms are incorporated into this Agreement by reference and made a part of this Agreement as if set forth in its entirety herein.
You must be 18 years of age or older to access or use this Website or any Software. If you are under 13 years of age, then please do not use or access the Website or Software at any time or in any manner, or submit any information to the Website or EMS. Use of the Website by any user shall be deemed to be a representation that the user is 18 years of age or older.
Registered Users (as defined below) must be human: no machines, scripts, or automated services may be used in connection with the Website. You may maintain only one Account. Any duplicate Accounts will be subject to cancellation.
You must have Internet access and email address, and agree to accept Cookies (i.e., small pieces of information that the Website stores on your computer’s hard drive when you visit), and for certain services pay any required fees, to be eligible to receive all the privileges and benefits of the Website and any Software. EMS is not responsible for your inability to connect to the Internet, log into the Website, or access your Account. You are responsible for notifying EMS of changes in your email address.
Becoming a Registered User
If you elect to become a Registered User of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it true, accurate, and complete. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a Registered User of this Website. You further agree not to register for more than one Account, create an Account on behalf of someone else, or create a false or misleading identity on this Website.
The preceding notwithstanding, we reserve the right to remove or limit a Registered User’s access to this site, to remove registration information, or to preclude future access from the site, at our sole discretion, at any time and for any reason whatsoever.
Becoming a Subscriber
Certain products, offerings, features, or resources of our Website may require payment of fees in addition to registration. Subscribers shall pay all applicable fees, as described on the Website in connection with such products, offerings, features, or resources and will be subject to these Terms and Conditions and the terms and conditions set forth in any applicable subscription or services agreement. EMS reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber. Amendments to the price list and the imposition of new charges will be posted on the Website, and if the changes are significant, we may in our sole discretion provide a more prominent notice on the home page of the Website, or by sending you an email at the address we have on file for your Account, and your use of the products, offerings, features, or resources following such notification constitutes Subscriber’s acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing your profile on the Website. However, EMS shall not be obligated to refund any fees that have been accrued or paid to your Account before the cancellation (i.e., EMS will not prorate fees for any subscription).
Fees may be based on one-time or subscription payments as more fully described in the subscription or services agreement posted on the Website. You may pay the subscription fees with a valid credit card or PayPal™ account under your own name or that you are authorized to use for such purpose. Recurring subscription fees will automatically renew, unless you affirmatively cancel your subscription prior to the beginning of the next applicable periods for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that EMS is authorized to charge the same credit card or PayPal account for the subscription fee. You agree to promptly notify EMS of any changes to your credit card or PayPal account while any subscriptions remain outstanding. If there is a conflict between this Agreement and the subscription or services agreement, the subscription or services agreement shall control.
You agree to defend, indemnify, and hold harmless EMS, its officers, directors, employees, agents, licensors, stockholders, suppliers, service providers, and any affiliates (collectively, “Publishers”) from and against any and all losses, costs, expenses, claims, actions ,demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees (“collectively, Losses”) resulting from, or alleged to result from, your violation of these Terms and Conditions, including without limitation, claims made by third parties for infringement of intellectual property rights, or for any Content that is provided by you or through your username and/or password. You agree to cooperate as fully as reasonably required in Publishers’ defense and/or settlement of any claim. Publishers reserve the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
The use of the Website, Software, and the Content is at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the reasonable control of Publishers and its service providers and agents. Accordingly, the Publishers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or any Software, or any Losses you may suffer as a result.
Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content imprinted form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Ownership and Use of Website and Software
All right, title and interest in and to the Website, Software, and all products, services and Content developed or otherwise owned by EMS are and shall remain the intellectual property and copyrighted works of EMS and/or its licensors and is protected by United States and international copyright, trademark, and other laws. You may not use or frame any Publisher name, trademark, logo or other proprietary materials, including images posted on the Website, the content of any text or the design of any page, or form contained on a page, without EMS’ express prior written consent. Except as stated in this Agreement, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of EMS or the respective owner.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, service providers, agents, and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Use of Software
Your use of Software on the Website or through a mobile application is subject to this Agreement and all agreements including all license agreements and end user license agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Website and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) the Software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or have any third party attempt to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c)you may not attempt to, or have any third party attempt to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) the Software may not be modified or altered in any way; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.
Password and User Security
If you are a Registered User of this Website, you are entirely responsible for maintaining the confidentiality of your password and Account information and all activities which occur under your Account. You agree that you will not share your password, Account information, or access to the Website with third parties other than EMS. You agree to notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or anyone else’s password. You agree that EMS will not be liable for any Losses that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for Losses incurred by EMS or a third party or another due to someone else using your Account or password. You may not use anyone else’s Account at any time, without the permission of the Account holder.
No Interference with the Website, Software, EMS Networks or Systems, or Registered Users
You also agree not to access or use the Website or Software in any manner that may damage, disable, unduly burden, or impair any EMS networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Website, Software, or any EMS networks or systems, or to interfere or attempt to interfere with the Website, any Software, or any EMS networks or systems. You agree not to attempt to interfere with services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Website, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Website, Software or any EMS networks or systems. Refusal to abide by this or any other rules may result in EMS canceling your Account and enforcing its rights to the fullest extent permitted by applicable law.
Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any Losses of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any public or “Community Areas”) to:
1. Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
2. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EMS in its sole discretion
3. Post advertisements or solicitations of business
4. Post chain letters or pyramid schemes
5. Impersonate another person
6. Allow any other person or entity to use your identification for posting or viewing comments
7. Post the same note more than once or “spam”
8. Harm minors in any way
9. Intentionally or unintentionally violate any applicable local, state, national or international law or other legal requirement.
Your privilege to use this Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms and Conditions, we may terminate, in our sole discretion, your use of or participation in any Community Area, or your Account.
You shall not submit any Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express written permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that could give rise to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
Submissions made in a Community Area, including any Personal Information (including a name, address, telephone number, or email address), are accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. EMS has no control over and shall have no liability for any Losses resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make information, including Personal Information, publicly available on the Website you do so at your own risk.
These Terms and Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any Losses caused, or alleged to have been caused to you, in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any Losses arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: ANY AND ALL PRODUCTS, SOFTWARE, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER EMS, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, SOFTWARE, OFFERING, CONTENT OR MATERIAL. NEITHER EMS, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS,SUPPLIERS, OR AGENTS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SOFTWARE, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Where applicable law does not allow the exclusions of implied warranties, the aforementioned exclusions may not apply to you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE OR SOFTWARE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) 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 THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES REGARDLESS OF THE CAUSE OF ACTION, (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR SOFTWARE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLCABLE LAW.
NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to EMS’s Designated Agent listed below. For your notice to be effective, it must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on this Website;
· Information reasonably sufficient to permit EMS to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
· 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; and
· A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
EMS’s Designated Agent is:
Attn: Piotr Juszkiewicz
Po Box 100182
Arlington VA 22201
The EMS Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the EMS Designated Agent will not be answered.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your access or use of this Website, the Software, or these Terms and Conditions shall be filed only in the state or federal courts located in the State of Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of EMS to enforce the strict performance of any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment. This Agreement and any Special Terms referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business.