Terms of Use

These general terms and conditions of use (“Terms of Use”) govern your use of this website (www.findmeashoe.com® & www.shoesize.online ®) (the “Website”). Your use and ability to register for use of this Website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Website, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by EMBL Retail Inc. and its subsidiaries and affiliates (hereinafter”EMBL”). EMBL may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.

This Website presents information, content, products and services (collectively, “Content”) that is owned exclusively or licensed by EMBL. When used in these Terms of Use, “we” and “our” mean EMBL and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this website.

Registration

You may avail of certain services on the Website after registering with the Website. Additionally, you shall have to check the box confirming that you have read and agree to these Terms of Use and the Privacy Policy.

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.

Additional Terms

EMBL offers the ability to access and use certain Content for recommendations, guidance, advice, licensing, subscription or other payment-based arrangement through portions of this Website and other EMBL websites.We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to EMBL products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with EMBL, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.

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

All of the information and Content on this Website, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered (“Intellectual Property Rights”), are owned exclusively or licensed by EMBL. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. EMBL reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.

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.

EMBL has the right to use the scanned feet profile, or any other scanned profiles for its business or research purpose. All personal details will be kept confidential as per EMBL confidentiality agreements described in this Terms of use. Customers will have to agree to let the company use their feet profile and not claim monetary benefit anytime in future. All feet scans become the property of EMBL.

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.

Availability

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

The Website may contain various pages where you and other members may post content. You may only post content to the Website that you created or which the owner of the content has given you permission to post. You should carefully choose the information you post on the Website. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website. You may not post or distribute content that is illegal or unlawful (including any defamatory, or obscene content or content that violates another party’s right to privacy, right against publicity or puts such party in a false light), or that violates these Terms of Use. By posting or distributing content to the Website, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Website and (b) the content does not and will not infringe upon any copyright or any other intellectual property right of a third party, nor violates any other rights of a third party (including a third party’s right to privacy, right against publicity or puts such party in a false lightnor violates any law or regulation.

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.

EMBL reserves the right, but is not obligated, to do any or all of the following:

• Record the dialogue or content posted on any pages of the Website;
• Investigate an allegation that anything posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
• Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
• Terminate a user’s access to the Website upon any breach of these Terms of Use;
• 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.

Additional Information

All information, other than personal information subject to EMBL’s Privacy Policy, submitted to EMBL through this Website or any related EMBLWebsite is the property of EMBL. EMBL is free to use any ideas, concepts, know-how or techniques that you may submit to EMBL through this Website for any purpose, including but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in EMBL’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Changes

EMBL reserves the right to change the Content on this Website and these Terms of Use from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

You may review EMBL’s Privacy Policy at http://www.embizlabs.com.

Termination

EMBL retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms of Use or does not accept these Terms of Use.

Children

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.

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Website resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

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.

Indemnification

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.

Warranties

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.

FINDMEASHOEFOOT SCANNING AND RECOMMENDATION TERMS

 THESE FOOT SCANNING AND RECOMMENDATION TERMS (“ADDITIONAL TERMS”) GOVERN YOUR USE OF THE WEB APPLICATION‘FINDMEASHOE’(“WEBAPPLICATION”) HOSTED ON THE WEBSITE www.findmeashoe.com and www.shoesize.online (“WEBSITE”) OWNED AND OPERATED BY EMBL RETAIL INC (“EMBL”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING,DOWNLOADING, INSTALLING AND/OR USING THE WEBAPPLICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE ADDITIONAL TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS, DOWNLOAD, INSTALL AND/OR USE THE WEBAPPLICATION.

EMBL may enable access to content, information and services through the Web Application, and as a condition of your use of the Services (as defined herein), you agree to be bound by and comply with EMBL’sTerms of Use at http://findmeashoe.com/terms-of-use/ (“Terms of Use”) and Privacy Policy at http://findmeashoe.com/privacy-policy/ (“Privacy Policy”), each of which is incorporated herein by reference. You agree that the Privacy Policy and Terms of Use may be updated from time to time, without prior notice, and any such changes shall be effective as soon as posted. You should also refer back to the Terms of Use and Privacy Policy on a regular basis so that you remain aware of the most current terms and conditions that apply to you. Please be aware that in order to use the Web Application, you must be an adult (above 18 years of age).

1. Nature of Services: The Web Application is an interactive web application that provides users with footwear fitting recommendations based on the dimensions extracted from the photographs of your feet provided by you through the Web Application(“Services”). You shall be required to provide three photographs of your foot in the manner specified in the Web Application, in order to ascertain the fitting dimensions. Thereafter, EMBL shall provide customised footwear fitting recommendations based on the dimensions extracted from the photographs provided by you. Additionally, EMBL may also provide you with the option to try footwear models virtually through the fitting service.EMBL shall use good faith efforts to deliver information customised to your foot dimensions and any preferences specified by you.

 

In order to utilise the Web Application, you must access the same through the Website. At the time of subscribing to the Web Application, you will be required to furnish accurate information such as your age, gender, name, mobile number, location and email address in order to facilitate the operation of the Web Application.

2. Use of Data: You agree that EMBL may collect and use technical data and related information, including but not limited to technical information about your device system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Web Application. EMBL may use this information to improve its products or to provide services or technologies to you. Furthermore, EMBL shall collect certain personally identifiable information, such as your gender, age, name, phone number, and email address in the course of permitting you to use the Web Application and for facilitating the Services provided by the Web Application. You shall be responsible for ensuring that you provide EMBL with accurate information, in order to avail of the Services offered by EMBL. You agree and acknowledge that EMBL may have access to your network or Wi-Fi connections, and may read, insert, modify or delete content related to the Web Application on your, and you hereby grant your consent to the same. You acknowledge and agree that EMBL may use this information in any manner consistent with its policies and obligations under applicable law.

 

3. Proprietary Rights: EMBL and/or its affiliates and/or other third party service providers own all right, title and interest in and to the Web Application, including, without limitation, all intellectual and proprietary rights in all materials, including customer data, illustrations, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software present in the Web Application, and, except for the limited license granted to you herein, nothing in these Additional Terms shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect EMBL’s, its respective affiliates and/or the respective third parties’ ownership or proprietary rights therein or any other of EMBL’s, its respective affiliates’ and/orother third party service providers’ information, processes, methodologies, products, goods, services, trademarks or materials, tangible or intangible, in any form and in any medium.

 

4. Content: You acknowledge that the content provided on the Web Application has been compiled by EMBL from various sources including from external sources, including without limitation the clients of EMBL. No representation is made or warranty given as to the completeness or accuracy of such information. The content of the Web Application may contain typographical errors, incomplete or out of date information. You acknowledge and agree that EMBL and/or their content providers reserve the right to correct any typographical errors in the content provided on the Web Application. By using the Web Application, you agree that EMBLis not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or content provided on the Web Application. EMBL does not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties hosted in the Web Application. Third party materials and links to other web sites are provided in the Web Application solely as a convenience to you. Location data provided by the Web Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither EMBL, nor any of itsrespective content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed in the Web Application.

5. Prohibitions on Contributed Content: You agree not to upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of theWeb Application, including your user profile and account, the posting of your desired Service, or the posting of any opinions or reviews in connection with theWeb Application, the Service, or other users of the Web Application(“ContributedContent”)that:
6. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information; provides or creates links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
7. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
8. contains falsehoods or misrepresentations that could cause harm to EMBL or any third party;
9. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, gives rise to civil liability or violates any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
10. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant EMBL all of the license rights granted herein;
11. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
12. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
13. intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate EMBL’s employee, agent, manager, host, another user, or any other person though any means;
14. advertises or solicits a business not related to or appropriate for the Web Application (as determined by EMBLin its sole and absolute discretion);
15. contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
16. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
17. distributes or contains viruses or any other technologies that may harm EMBL, or the interests or property of EMBL’s users;
18. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use or irrelevant content;
19. contains identical content to other Contributed Content already posted by you; or uses any form of automated device or computer program that enables the submission of the Contributed Contentwithout the express written consent of EMBL.

6. Third Party Websites: In the course of using the Services, EMBL may provide you with third party links. The use of the link and any content contained there is at your own risk. If you click on a link, you will be directed to a website that is outside the purview of EMBL’s control. Because EMBL cannot control of the activities third parties, EMBL cannot accept responsibility for any use of your personal information by such third parties, and cannot guarantee that they will adhere to the same privacy and security practices as EMBL does. The use of personal information by such third parties shall be governed by the privacy policies provided therein. Therefore, if you visit a third party website that is linked to our Service, you should consult that website’s privacy policy before providing any Personal Information.

7. No Warranty: You expressly acknowledge and agree that use of the Web Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of the Web Application is with you. To the maximum extent permitted by applicable law, the Web Application and any Services performed or provided by or in connection with the Web Application are provided “as is” and “as available”, with all bugs and faults and without warranty of any kind, and EMBL, its respective affiliates andother related third parties hereby disclaim all warranties and conditions with respect to the Web Application and any services, either express, implied or statutory, including, without limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights. Neither EMBL, nor any of its respective affiliates orother related third parties warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the Web Application will meet your requirements, that the operation of the Web Application or services will be uninterrupted or error-free, or that defects in the Web Application or services will be corrected. No oral or written information or advice given by EMBL, its respective affiliates or any of its respective authorized representatives shall create a warranty. Should the Web Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

8. Limitation of Liability: To the extent not prohibited by law, in no event shall EMBL or its respective affiliates andother related third parties be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Web Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if EMBL or its respective affiliates, and other related third parties have been advised of the possibility of such damages.

9. Indemnification: You agree to indemnify, defend, and hold EMBL, its respective affiliates and its respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable legal fees), arising out of or relating to your (a) breach or violation of these Additional Terms, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use or alteration of the Web Application (or any component thereof) in violation of these Additional Terms. EMBL reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with EMBL upon request.

10. No Guarantee of Continued Use or Availability: EMBL and its affiliates and other related third parties reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Web Application and/or any Services without notice to you and neither EMBL, its respective affiliates andother related third parties nor any of their respective licensors shall be liable to you or any third party should they exercise such rights. From time to time, EMBL may make available updates or upgrades to the Web Application via software download or other means. Certain functions of the Web Application may be modified or discontinued as a result of any such update or upgrade.

11. Changes to the Agreement: EMBL may make changes to these Additional Terms, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the Web Application or by other electronic means, and a new copy of these Additional Terms shall be made available on the Website. By using the Web Application and/or any services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and EMBL shall treat your use as acceptance of the changed provisions.

12. Termination: These Additional Terms are effective until terminated by you or EMBL. Your rights under the license granted herein shall terminate automatically without notice from EMBL if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Web Application, and destroy all copies, full or partial, thereof. You may terminate the subscription at any time by writing to EMBL at: [email protected] On receipt of your request, EMBL shall delete all of your personal information within fourteen (14) working days.

13. Governing Law and Interpretation: This Agreement and all the policies referenced herein constitute the entire agreement between EMBL and you concerning the subject matter hereof. This Agreement and the Web Application, including any content and information contained therein shall be governed by the laws of the United States of America and the State of California (for American citizens and for rest of the world the it shall be Banaglore, India) shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. No failure or delay by Licensor, its affiliates, other related third parties or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without EMBL’s prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

 

14. Contact Information: You may contact EMBL at :

USA

2432 Pheasant Hollow Drive,
West Sacramento, CA 95691
+1 650-456-1445
India

1stFloor,

GopalKrishnaComplex,#45/3,
ResidencyRoad,Bangalore-560025

[email protected]