ACCEPTANCE OF TERMS
THIS SITE IS NOT INTENDED FOR CHILDREN AGED 13 OR YOUNGER. IF YOU ARE NOT OLDER THAN 13 YEARS, PLEASE ONLY ACCESS THIS SITE WITH THE ASSISTANCE OF A PARENT OR LEGAL GUARDIAN.
Services and content offered through this Site include product reviews, shopping links, and blog posts (collectively the “emberpilati.com”). You and other users may sometimes be permitted by emberpilati.com to comment on blog posts or otherwise submit information or content to the Site (“User Content”).
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the emberpilati.com Content and Services offered by emberpilati.com, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. emberpilati.com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the emberpilati.com Content. You agree that you will not hold emberpilati.com responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Content and User Content available on this Site subject to the following conditions:
1. The emberpilati.com Content and User Content may be used solely for personal, informational, and internal purposes.
2. The emberpilati.com Content and User Content may not be modified or altered in any way.
3. The emberpilati.com Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the emberpilati.com Content and User Content.
5. emberpilati.com reserves the right to revoke the authorization to view, download, and print the emberpilati.com Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from emberpilati.com.
6. The rights granted to you constitute a non-exclusive, freely revocable license and not a transfer of title.
The rights specified above to view, download, and print the emberpilati.com Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of emberpilati.com or other third parties. You are not permitted to use the Marks without the prior, express written consent of emberpilati.com or such third party that may own the Marks.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the company’s agent (listed below) the following information, in writing:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon.
2. Identification of the copyrighted work that is alleged to have been infringed upon or, if more than one, a representative list.
3. Identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site.
4. A sufficient means for the company to contact you, such as your address, telephone number, and e-mail address.
5. 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 that you have authority to make such a statement.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.
The company’s copyright agent for notice of claims of copyright infringement is:
LICENSFOR USER CONTENT
Certain Services offered through this Site may accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant emberpilati.com one of the following types of licenses:1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant emberpilati.com a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant emberpilati.com the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.2. For User Content such as comments to emberpilati.com on blog posts, product reviews or the shop page, you grant emberpilati.com and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that emberpilati.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of emberpilati.com or others.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations of access by you to this Site.
In using the Site, including all Services and emberpilati.com Content available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from emberpilati.com; not to access or attempt to access any Project Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, emberpilati.com Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
emberpilati.com reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. emberpilati.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content and the substance of any User Content. To the maximum extent permitted by law, emberpilati.com will have no liability related to User Content. emberpilati.com disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and emberpilati.com or you and a third party with respect to such party’s materials or services, this Site, and all emberpilati.com Content and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, emberpilati.com makes no warranty that (i) the Services and emberpilati.com Content will meet your requirements; (ii) the Services and emberpilati.com Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or emberpilati.com Content will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or emberpilati.com Content obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or emberpilati.com Content obtained through the Site, or any defects in the Site, its Services or Content, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. emberpilati.com may make changes to the emberpilati.com Content and Services at this Site at any time without notice. The emberpilati.com Content or Services at this Site may be out of date, and emberpilati.com makes no commitment to update such emberpilati.com Content or Services.
You understand and acknowledge that (i) emberpilati.com does not control, endorse, or accept responsibility for any content, products, or services offered or advertised by third parties through the Site, including, without limitation, third party vendors, advertisers, and third parties accessible through links on the Site; (ii) emberpilati.com makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) emberpilati.com shall not be liable or responsible for any content, products, or services offered by third parties.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall emberpilati.com, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not emberpilati.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or emberpilati.com Content, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by emberpilati.com from its offices within the state of Utah, United States of America. By accessing this Site, you and emberpilati.com agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof. You and emberpilati.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within Utah County, in the State of Utah of the United States with respect to such matters.