The information sought at the time of registration may include your name, age email address, place of residence, phone number and other details at EMBL’s discretion.
Your Responsibility to Protect Your Account
When you sign up to use the Website and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless EMBL for losses incurred by EMBL or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Your Responsibility for Security
EMBL assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
Do Not Rely on This Website for Your Financial Decisions
The Content on this Website is for convenience and information purposes only. You should verify all Content provided through this Website before you make decisions. Unless otherwise specified, nothing on this Website constitutes an offer to sell or buy any product. Account information available on this Website is not the official record of your account. Nothing on this Website should be construed as rendering any advice including tax, legal, investment, or accounting advice. The posting of any information on this Website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Ownership and Use of Content
Additional Use of Content specific to Foot Scanning and Footwear
The use of content includes all personal posted and stored feet scans, or any variation of the data formatting.
Though EMBL is primarily involved only in providing recommendation of footwear and not sales of such footwear, any data collected will be owned by EMBL. Any transaction related queries of the footwear product is the sole responsibility and liability of either the retailer or the footwear manufacturer.
Any footwear recommendation generated by feet scanned by EMBL owned or acquired equipment has known errors. The calibration of such equipment is maintained by EMBL and can be obtained upon request. EMBL constitutes no liability for any recommendation that may be considered inaccurate or inappropriate. All costs incurred due to such recommendation are born by the website user and is in no way associated with a liability for EMBL, not limited to shipping, replacement, return, modification or destruction.
All scanners have been certified as safe equipment for usage and EMBL does not take any liability for any claims pertaining to any adverse effect after using the scanner or recommendation provided by the scanner.
Ownership and Use of Trademarks
The trademarks and service marks “EMBL” “Find me a Shoe”, and “Findmeashoe.com®”, and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) (“EMBL Trademarks”) displayed on the Website are owned by EMBL. Other proprietary EMBL marks may be designated as such from time to time on this Website through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of EMBL Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by EMBL in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by EMBL.
Links to third party websites
This Website may contain links to third-party websites. EMBL does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that EMBL is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Website and we are not responsible for any such websites linked to this Website. Your linking to any websites from this Website is at your own risk. By linking to a website or permitting a link to this Website, EMBL does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Website upon request from the owner of the linked website.
Not all of the products or services described on this Website are available in all areas of India and/or you may not be eligible for them. We reserve the right to determine eligibility.
Content Posted by You
All information, ideas, suggestions, or other communications you submit to EMBL, including, but not limited to, content posted on the Website or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Website, you grant EMBL the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Website, EMBL does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. EMBL owns all right, title, and interest in any compilation, collective work or other derivative work created by EMBL using or incorporating content posted to the Website.
Content Posted by Other Users
EMBL is not responsible for, and does not endorse, content in any posting made by other users on the Website. You are solely responsible for your reliance on anything posted by another member on the Website. Under no circumstances shall EMBL be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact EMBL or click on the “Report Inappropriate Content”link on the Website. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Activities Prohibited on the Website
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. EMBL reserves the right to investigate and take appropriate legal action against anyone who, in EMBL’s sole discretion, engages in any of the prohibited activities. Prohibited activities include – but are not limited to – the following:
- Using the Website for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EMBL in its sole discretion or pursuant to local community standards. However, EMBL takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of EMBL, exposes EMBL or any of its customers or suppliers to any liability or detriment of any type.
- Record the dialogue or content posted on any pages of the Website;
- Monitor, edit, or disclose any posting on the Website; and
- Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.
EMBL reserves the right, but is not obligated, to do any or all of the following:
This Website does not intend to market any EMBL products or services to children under thirteen (13) years of age. EMBL does not knowingly gather or solicit data from children under thirteen (13) years of age through this Website for marketing purposes. By using this Website you represent that you are not under thirteen (13) years of age.
Cautionary Language Regarding Forward-Looking Statements
All Content and any oral information provided by EMBL executives that relates to EMBL’s future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.
Information Gathered and Tracked
Information submitted through all feedback forms on the Website is stored in a database. Specifically, we store the name, e-mail address, contact number of and social networking account names supplied by visitors to our Website who wish to receive certain free services from the Company, including but not limited to product updates. We also use such information to send out occasional promotional materials, including alerts on new Services available. We guarantee that personal information about users will not be provided to any third party without their consent.
You represent, warrant and covenant (a) that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii)contain libelous or otherwise unlawful material; and (b) You hereby indemnify, defend and hold harmless EMBL and all of EMBL’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. EMBL reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Your use of this Website and Content is at your own risk. We strive to provide accurate and up-to-date material on this Website. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Website. EMBL assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Website and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBL, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EMBL makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Website. EMBL cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. EMBL cannot and does not guarantee or warrant any files available for downloading from this Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. EMBL cannot and does not guarantee or warrant that any content you post on the Website will remain on the Website. EMBL does not warrant or guarantee that the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
Limitation of Liability
EMBL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EMBL IS TO DISCONTINUE YOUR USE OF THE WEBSITE. EMBL, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EMBL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMBL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.