||Terms & Conditions|
Emartee welcomes you. We provides the Emartee Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.emartee.com By accessing and using the Emartee Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Emartee owned or operated services, you and Emartee shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our spam policy are hereby incorporated by reference into the TOS. Emartee may also offer other services that are governed by different Terms of Service. For instance, different terms apply to homesteaders on Emartee.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Emartee Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Emartee Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Emartee Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Emartee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Emartee has the right to suspend or terminate your account and refuse any and all current or future use of the Emartee Services (or any portion thereof). Emartee is concerned about the safety and privacy of all its users
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Emartee, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Emartee Services. Emartee does not control the Content posted via the Emartee Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Emartee Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Emartee be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Emartee Services.
You agree to not use the Emartee Services to:
(1)upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(2)harm minors in any way;
(3)impersonate any person or entity, including, but not limited to, a Emartee official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4)forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Emartee Service;
(5)upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6)upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(7)upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete spam policy);
(8)upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(9)disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Emartee Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(10)interfere with or disrupt the Emartee Services or servers or networks connected to the Emartee Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Emartee Services, including using any device, software or routine to bypass our robot exclusion headers;
You acknowledge that Emartee may or may not pre-screen Content, but that Emarteeand its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Emartee Services. Without limiting the foregoing, Emartee and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Emartee or submitted to Emartee, including without limitation information in Emartee Message Boards and in all other parts of the Emartee Services.
You acknowledge, consent and agree that Emartee may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Emartee, its users and the public.
You understand that the Emartee Services and software embodied within the Emartee Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Emartee and/or content providers who provide content to the Emartee Services. You may not attempt to override or circumvent any of the usage rules embedded into the Emartee Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Emartee Services, in whole or in part, is strictly prohibited.
MODIFICATIONS TO EMARTEE SERVICES
Emartee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Emartee Services (or any part thereof) with or without notice. You agree that Emartee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Emartee Services (or any part thereof).
Emartee may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Emartee Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Emartee Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Emartee Services in an authorized manner.
The TOS constitutes the entire agreement between you and Emartee and governs your use of the Emartee Services, superseding any prior version of this TOS between you and Emartee with respect to the Emartee Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Emartee services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Emartee each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Emartee, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Emartee agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Emartee to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Emartee account is non-transferable and any rights to your Emartee ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 the Emartee Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer care group.