Welcome to the Emmie Brands, LLC’s Website, www.emmiebrands.com (the “Website”). The Website is operated by Emmie Brands, LLC (the “Company,” “we,” or “us”). By accessing or using our Website you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”), regardless of whether you are a registered user of the Website. If you do not agree to these Terms of Service, then do not use the Website.
USING THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Company may modify or update these Terms of Service at any time by posting the amended terms on the Website and such terms shall be effective for all use of the Website and Services once they are posted. Your continued access of the Website and/or use of the Services provided on the Website following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Website or Company’s Services at any time.
As used herein, “User” or “Users” means anyone who accesses and/or uses the Website.
When you access the Website, you are responsible for complying with the Terms. Some content will only be available to you if you have an account with the Company. You agree to provide true, accurate, current, and complete information while using the Website. You understand and acknowledge that it is your responsibility to maintain the confidentiality of your password(s). Should you believe that your password or other security information for the Website has been breached in any way, you must immediately notify the Company.
Permitted Uses of The Website.
You are invited to use the Website for your personal and business purposes—provided you are purchasing the Company’s products and services for use in your business (“Permitted Uses”). The Company hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Content. Your right to use the Content is conditioned on your compliance with the Terms. You have no other rights in the Website or any Content, unless otherwise granted in a license agreement by and between you and the Company, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Content in any manner.
Unauthorized Use of the Website, Acceptable Use Policy.
The Company authorizes your limited use of the Website. Any other use of the Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of the Website. All rights in the Website remain the property of the Company. Unauthorized use of the Website may result in violation of various United States and international copyright laws. Unless the Company otherwise agrees with you in writing, the Company may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your access to and use of the Website at any time. In the event of an automatic termination for breach, you must immediately destroy any downloaded or printed materials (and any copies thereof).
Company retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to such Services. All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are our proprietary property with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
This Website is intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of or access to the Website by anyone who is not over the age of majority is unauthorized, unlicensed and in violation of these Terms of Service. This site is not intended for use by minors. By using the Service or the Website, you represent and warrant that you are over the age of majority and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, the Company may terminate your registration and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Services or the Website (or any portion, aspect or feature of the Service or the Website), at any time in its sole discretion. You agree that the Company will not be liable to you or any third party for any termination of your membership.
You understand that the processing and transmission of communications relating to the use of the Website or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Website.
THE WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (EXCEPT AS PROVIDED IN A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY). THIS MEANS THAT THE COMPANY DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.
Without limiting the generality of the foregoing, THE COMPANY makes no warranty that The Website will meet your requirements or that The Website will be uninterrupted, timely, secure, or error free or that defects in The Website will be corrected. The Company makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from the Company, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “The Company Parties”) shall create any warranty. The Company disclaims all equitable indemnities. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
Limitation of Liability.
IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Company Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company Party’s liability shall be the minimum permitted under such applicable law.
Other Agreements; Software, Services or Access.
The Company may provide products, services or access to the Website under the terms of a separate agreement between you and the Company, such as a license agreement (an “Other Agreement”). The Company’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and the Terms herein shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the Other Agreement will control.
Modification of the Website.
Intellectual Property Rights.
The Company respects the intellectual property rights of others, and therefore, asks you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please let the Company know by contacting us at: firstname.lastname@example.org.
Collection of Customer Data
If you wish to purchase products from the Website or obtain information regarding the Services, us or our e-commerce provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing options may direct you away from the Website to a third-party Website.
You agree by providing Customer Data: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.
Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your checkout data, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company’s performance of the Services for you
Content of Website and Products
We are not responsible if information on the Website is not accurate, complete or current. Any reliance on the material on this Website is at your own risk. Prices and descriptions for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
Information on the Website regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update to the Website should be taken to indicate that all the information in the Website has been modified or updated.
Certain products may be available exclusively online through the Website and are subject to our Return Policy. Certain products may be available in limited quantities. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Website, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time.
We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Content Submitted by Users
By providing information through the Website or social media links on the Website, including any product reviews, photographs, comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.
You further acknowledge that your Submission becomes the exclusive property of the Company; that any Submission will not be returned or kept confidential; that the Company is not obligated to use or pay you for the Submission; that the Company may publish the Submission in perpetuity in all markets worldwide and in any and all media now know or hereafter discovered, including the Website; that the Company may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services; that the Submission may be edited for length, clarity and/or functionality; that we may display your name in conjunction with the Submission; and that your Submission may be shared with legal authorities if the Company believes it is warranted or pursuant to a verified request.
Links to Third-Party Websites.
Linking to the Website.
You are permitted to create links to the Website from other Websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to the Website:
- You may link to, but may not copy, any Content;
- You shall not create a browser or border environment around any Content;
- You shall not imply that the Company endorses or is affiliated with any such Website that links to the Website or any products, services, or content available through that Website;
- You shall not misrepresent your relationship with the Company;
- You shall not present false or misleading information about the Company, its products, or its services;
- The Website that links to the Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
- The Website that links to the Website shall contain only content that is appropriate for all age groups.
Intellectual Property; Trademarks.
Emmie Brands, LLC has rights in its intellectual property, including its unregistered trademarks. You may use the Company trademarks, in text, to refer fairly and accurately to the Company, its products and its services, subject to the guidelines below. You may not use the Company name or trademarks in a manner likely to mislead consumers as to your relationship with the Company, as to the Company’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of the Company trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defense of such claim.
When you visit the Website or send e-mails to the Company, you are communicating with the Company electronically. We may respond to you by e-mail or by posting notices on the Website. You agree that all such notices and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, including receipt of spam from a user, contact the Company at: email@example.com with “Terms of Service” in the subject line of your email.
You agree to use the Website and Service only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations.
You may not:
- use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service;
- attempt to gain unauthorized access to the Website, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Website’s pages, or otherwise affect the display of the Website’s pages;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- use any robot, spider, Website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties;
- use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Service about any investment offerings; or
- use the Service for any commercial purpose whatsoever other than for your personal use.
You agree to defend, indemnify and hold Company and its affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Website or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Website or the Services.
This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Website and the Services and supersedes all prior and contemporaneous agreements between you and Company. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 10-14 shall survive any termination of these Terms of Service.
This Website is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Website may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.
For international customers, the rate for taxes and duties are set by the government in which the order was placed and are based on the value of the goods and the country of manufacturing. The same or similar charges for duty are imposed by all sellers of this type of product, not just Emmie Brands, LLC.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. The parties’ consent to exclusive jurisdiction and venue in the federal and state courts sitting in Dallas County, Texas. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
All notices required to be sent to the Company should be sent via email to firstname.lastname@example.org.