How We Deploy
1. LICENSE TO USE THE SITE
You agree that you will not in any way interfere with the operation of our Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use this Site and to use all legal actions available to us against you.
To use the Site you must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use this Site. We may refuse our services to anyone or limit your use of the Site, at any time, in our sole discretion.
4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), that is either owned, controlled or licensed by Emerge and that all Content on the Site is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by Emerge or its affiliates as a collective work under the U.S. copyright laws, and Emerge or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
6. USER REPRESENTATIONS
You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through our Site any information and materials which may inhibit the utilization and use of our Site, which may be unlawful, abusive, libellous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy rights of third parties or provide us with any false or misleading information about you.
8. LINKS TO OTHER WEBSITES
Our Site may contain links to other Websites on the world-wide web. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site, nor do we endorse the contents of such site or its accuracy of content.
9. CONTROL OF SITE
Emerge may at any time, and from time to time, in its sole discretion, modify or discontinue the Site on a temporary or permanent basis without notice or liability to you or any other user of the Site. We may also impose limits on certain features and services and restrict access to all or any portion of our Site without notice or liability to you.
THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE ASSUME NO RESPONSIBILITY FOR TIMELINESS, SECURITY, DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU.
We make no representation or warranty to you, whether expressed or implied, regarding the Site’s functioning, fitness for a particular purpose, non-infringement, nor for its contents or title, nor that the service will ever be uninterrupted or error-free or free of viruses or other harmful components, nor that defects will be corrected, nor for any breach of security, nor for any damage to your computer system or loss of data that results from down-loading any materials from our site. You expressly agree that the use of our site and its services is solely at your risk.
11. LIMITATION OF LIABILITY
WE PROVIDE THE SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. To the full extent permissible under the applicable law Neither we NOR our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort OR breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the site, the inability to use the site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or for messages received or business transactions entered into through the site. your sole remedy shall be to discontinue using our site.
Emerge is a registered trademark owned by Emerge and the trademark, its graphics and logos, or any derivative of the trademark may not be used or reproduced by you or used in connection with any product, other than our Site, without our prior written permission and an appropriate license agreement entered into with us.
13. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transmissions to and from our site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to the Emerge, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Emerge will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
14. USERS OUTSIDE THE UNITED STATES OF AMERICA
Access to the Site outside of the United States of America is subject to local laws which are the responsibility of the Site user. In any event, all site users agree to comply with all applicable laws relevant to site use in the location of such user and Site use. Emerge will not be responsible and makes no representations that objects for sale on its Site and their associated intellectual property rights are available for use in locations within or outside of the United States of America.
15. APPLICABLE LAW
16. VOID OR UNENFORCEABLE PROVISION
Headings used in this user agreement are for convenience only and are not to be relied upon.
19. BINDING EFFECTIVE AGREEMENT
Copyright © 2013 Emerge. All rights reserved