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Terms and Conditions of Use - End User Agreement

 

Welcome to Emoptune™. The terms and conditions of this End User Agreement (the "Agreement") are applicable to the web sites located at the domain www.Emoptune (the "Site"). The Agreement sets forth the terms and conditions that apply to YOUR (“YOU” or “YOUR”) use of the Site and materials offered thereon (together with any successor web site(s), collectively, "Emoptune") which are offered to YOU by Emoptune, LLC (“Emoptune”). BY USING EMOPTUNE , YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE OF EMOPTUNE, PLEASE DO NOT USE THE EMOPTUNE SITE. USE OF THE EMOPTUNESITE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY.  Please review Emoptune's Privacy Policy.
SPECIAL NOTE FOR PEOPLE UNDER THIRTEEN (13) YEARS OF AGE: If YOU are under thirteen, YOU may not use Emoptune. 
 
1.Legal Terms Applicable to Your Use of the Emoptune Site
 
The term “Emoptune™” or “us” or “we” refers to Emoptune, LLC, the owner of the website. The term “You” refers to the user or viewer of http://www.Emoptune.com (“the Emoptune Site”).
 
2.Changes to this Agreement
 
We reserve the right to change the terms of this Agreement from time to time.  Except as expressly provided in this Agreement, any changes we make to the Agreement will be effective immediately upon being posted on the Emoptune Site.  Your continued use of the Emoptune Site following the posting of any such changes constitutes your acceptance of those changes.  You should therefore regularly check this page to ensure you are familiar with the most current version of the Agreement.  To determine when the Agreement was last updated, check the “Last Updated” indicator on the top of the Agreement.
 
3.Intellectual Property Rights and Restrictions
 
All right, title and interest in and to the content displayed on the Emoptune Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, trade names, URLs and content provided by third parties (individually or collectively, the “Content”) is owned by Emoptune, LLC, or its third party licensors, and is protected by copyright, trademark, patent or other proprietary rights and laws.  Except as expressly permitted in this Agreement, or by applicable law or as otherwise expressly authorized by Emoptune, LLC in writing, you may not (and may not knowingly allow any third party to) copy, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sublicense, reverse engineer, reverse assemble, create derivative works based on or otherwise attempt to discover any source code of the Emoptune Site or any Content (including without limitation any software) available through the Emoptune Site. None of the trademarks data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, trade names, URLs and content may be copied, downloaded or otherwise exploited without the permission of EMOPTUNE or the owner of such trademark, Emoptune™ mark, trade name or design, except as explicitly permitted herein.
 
4.Registration Information
 
If you choose to become a member and create an account with Emoptune, LLC, you will be asked to select a username and password. We may ask you to create a user profile wherein you will be asked to provide certain personal identifying information, including, but not limited to, a first name, a last name, a nickname, and a valid email address.  The information you submit will be used in accordance with Emoptune’s Privacy Policy.  However, once created, your user profile will be viewable by the general public on the Emoptune Site.
 
Emoptune, LLC will have access to all information you submit to the Emoptune Site. If you create an account with us, we may send you newsletters, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter by adjusting the settings in your user account.
 
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, information you contributed to the Emoptune Site may continue to be available.
 
When YOU register for Emoptune YOU will be asked to agree to this Agreement by clicking a box marked "I have read & accept the Emoptune Terms and Conditions of Use & Privacy Policy". Please note, if YOU are under THIRTEEN (13) years old, YOU may not use the Emoptune site. 
 
5.Posting Material on the Emoptune Site
 
The Emoptune Site allows users to post or upload information, data, text, photographs, graphics, comments, video, images, messages and/or other content (“User Content”).  Any User Content you post to the Emoptune Site will be viewable by the general public and is governed by this Agreement.  If you are under the age of 13, you may not post any of your personal data on the Emoptune Site.
 
You acknowledge and agree that the person who posts User Content, and not Emoptune, LLC, is solely responsible for such content and solely liable for any and all loss or damage caused by such content.  Emoptune, LLC does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content.  Emoptune, LLC only acts as a passive go-between for the online distribution and publication of User Content and has no obligation to screen User Content.  You agree that Emoptune, LLC, its parents, subsidiaries, affiliates, officers, directors, employees and agents are not responsible for screening and/or monitoring any and all User Content that is distributed and publicized on the Emoptune Site.  You therefore understand that by using the Emoptune Site, you may be exposed to User Content that is offensive, indecent or objectionable.  UNDER NO CIRCUMSTANCES WILL EMOPTUNE, LLC BE LIABLE IN ANY WAY FOR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, OMISSIONS OR MISREPRESENTATIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE ARISING FROM ANY USER CONTENT AND/OR ANY USE THEREOF.
 
If you do choose to post content on the Emoptune Site, you understand that such content will be available publicly.  You should not assume that you are anonymous online and cannot be identified.  You agree that all User Content you post will comply with the requirements of this Agreement and all applicable local laws, regulations and legal requirements.
 
Portions of Emoptune may provide YOU and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us or others ("Post" or "Postings"). Postings do not reflect the views of EMOPTUNE, its subsidiary and parent companies, its affiliates, its information suppliers or their respective officers, directors, employees or agents, and EMOPTUNE does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, EMOPTUNE should not be seen as endorsing any Post in any way. EMOPTUNE, its subsidiary and parent companies, its information suppliers, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any Posting that is in violation of this Agreement. 
 
YOU acknowledge that anything YOU submit to the Emoptune by way of any Posting is routed through EMOPTUNE's servers and the Internet and that, therefore, YOU have no expectation of privacy with regard to any such submission. YOU acknowledge that the Posting and features on Emoptune are postings for public and not private communications. Please keep in mind that whenever YOU give out personal information online, for example, via message boards, forums, chat rooms or comments , that information can be collected and used by people YOU don't know. We cannot guarantee the security of any information YOU disclose online; YOU make such disclosures at YOUR own risk. As set forth in this Agreement, users of Forums must follow acceptable standards of behavior when posting messages online. 
If a Posting originates from YOU or YOUR account, YOU hereby agree not to post any materials that (1) interfere with anyone else's use of Emoptune ; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. YOU agree to comply with any additional terms which are referred to on Emoptune or any subsite within Emoptune. 
 
The Forums provided on Emoptune are for the purpose of exchanging views and information about matters of general interest. EMOPTUNE reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials for any reason whatsoever, in its sole discretion. YOU are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although EMOPTUNE may from time to time monitor or review Forums, bulletin boards, discussions, postings, transmissions, and the like on Emoptune, EMOPTUNE is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. EMOPTUNE may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate EMOPTUNE's policies in any way. Further, EMOPTUNE reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. EMOPTUNE will fully cooperate with any law enforcement authorities or court order requesting or directing EMOPTUNE to disclose the identity of anyone posting such materials. Posting is for noncommercial purposes only and YOU may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. 
 
If YOU submit a posting to a Forum on Emoptune , YOU hereby agree to the following: By submitting a Posting, YOU grant Emoptune, LLC a non-exclusive perpetual worldwide license to such Posting, and that EMOPTUNE shall have the right to use all or any portion of such Posting in all media now known or hereafter devised, worldwide, in perpetuity, as determined by EMOPTUNE in its sole discretion. YOU represent and warrant that YOU are at least 13 years old. YOU agree at all times to abide by the Forums' Rules, and acknowledge that failure to do so may lead to the suspension of YOUR ability to post to the Forums. 
By uploading files, inputting data, submitting content (including without limitation, comments to blogs, message boards, forums or other postings) or engaging in any other form of communication (a "Communication") through Emoptune  YOU grant EMOPTUNE a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of EMOPTUNE. For each Communication, YOU represent and warrant that YOU have all rights necessary for YOU to grant the license granted in this section, and that such Communication, and YOUR provision thereof to and through Emoptune, complies with all applicable laws, rules and regulations. YOU further irrevocably waive to the maximum extent possible any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that YOU may have under any applicable law under any legal theory.
 
6.Content on Emoptune 
 
Communications posted through Emoptune may be provided by users such as YOU who are unaffiliated with EMOPTUNE, and the user providing each such Communication is solely responsible for the content thereof. This means that YOU, and not EMOPTUNE, are entirely responsible for all Communications that YOU upload, post, email or otherwise transmit to or via Emoptune. In using Emoptune or receiving e-mail messages, YOU should not assume that such messages have been reviewed by EMOPTUNE, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. EMOPTUNE neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. YOU UNDERSTAND THAT BY USING EMOPTUNE, YOU MAY BE EXPOSED TO COMMUNICATIONS THAT ARE OFFENSIVE, INDECENT, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL EMOPTUNE BE LIABLE IN ANY WAY FOR ANY COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY COMMUNICATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMMUNICATION POSTED, E-MAILED, OR OTHERWISE TRANSMITTED VIA EMOPTUNE. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of EMOPTUNE. 
 
7.Personal Safety
 
When using Emoptune, please be certain that anything YOU say does not compromise YOUR personal safety. Do not provide  YOUR password to people YOU do not know. Do not continue any conversation online that makes YOU feel uncomfortable. PLEASE NOTE THAT EMOPTUNE HAS NO CONTROL OVER, AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM, THE USE (INCLUDING WITHOUT LIMITATION REPUBLICATION) OR MISUSE BY ANY THIRD PARTY OF INFORMATION VOLUNTARILY MADE PUBLIC THROUGH ANY COMMUNICATION OR ANY OTHER PART OF EMOPTUNE. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE ON EMOPTUNE, YOU DO SO AT YOUR OWN RISK. 
 
8.Notification Of Claims Of Infringement
 
EMOPTUNE, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate YOUR license to use Emoptune if it determines in its sole and absolute discretion that YOU are or are believed to be involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. EMOPTUNE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), EMOPTUNE has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to EMOPTUNE in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: 
By e-mail: support@emoptune.com 
 In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: 
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. 
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. 
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. 
D. Information reasonably sufficient to permit us to contact YOU, such as YOUR address, telephone number, and/or electronic mail address. 
E. A statement that YOU have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. 
F. A statement that the information in the notification is accurate, and under penalty of perjury, that YOU are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. 
 
9.Use of the Emoptune Site by Children
 
In compliance with the Children’s Online Privacy Protection Act, we will not knowingly permit persons under the age of 13 to provide information to us through the Emoptune Site or otherwise.  If you are under the age of 13, you should not create an Emoptune account or otherwise provide any of your personal data to Emoptune, LLC or www.Emoptune without the permission of your parent or guardian.  If you use the Emoptune Site, we will assume, and you confirm, that you are 13 years of age or older and that you have the permission of your parent or guardian.  If we later learn that any user is under the age of 13, we will take appropriate steps to remove that user’s information from the Emoptune Site.
 
10.Restrictions on Use of the Emoptune Site
 
The use of this website is subject to the following terms of use:

 

 

 

 

 

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

 

 

 

 

  • This website contains material that is owned by us, licensed to us or contributed by users. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

 

 

 

 

  • All trademarks reproduced in this website, which are not the property of or licensed to the Emoptune, LLC are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

 

 

 

 

 

  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You agree not to use the Emoptune Site to:

 

 

 

 

 

  • Post or send any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

 

 

 

 

 

  • Harm, or threaten to harm, any person in any way;

 

 

 

 

 

  • Harass any person in any way;

 

 

 

 

 

  • Impersonate any person (including an Emoptune, LLC agent), or falsely state or otherwise misrepresent your affiliation with any person or entity;

 

 

 

 

 

  • Post or send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid scheme promotions or other forms of solicitation, except to the extent that any such solicitation complies with applicable laws and is in areas of the Emoptune Site that has been designated for such purpose;

 

 

 

 

 

  • Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret rights, patent or other proprietary rights, including but not limited to using third party copyrighted materials or trademarks without appropriate permission and attribution, or using or distributing third party information in breach of a duty of confidentiality;

 

 

 

 

 

  • Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;

 

 

 

 

 

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;

 

 

 

 

 

  • Post any content in breach of a legal obligation, including one imposed on you by a contractual or fiduciary relationship (e.g., content comprising inside information or proprietary or confidential information that you learned as a result of an employment relationship or under a nondisclosure agreement);

 

 

 

 

 

  • Collect or store personal data about other Emoptune Site users;

 

 

 

 

 

  • Engage in any activities that would violate the data protection or privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or

 

 

 

 

 

  • Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
 
11.Security 
 
Emoptune, LLC takes security seriously and we take reasonable measures to protect our user’s information. We are not, however, responsible for any information you share with other users of the Emoptune Site or other third parties.
 
12.Legal Requirements
 
Although such a situation may seem unlikely, Emoptune, LLC may be required to disclose user information to appropriate authorities in accordance with the law, whether by subpoena or other legitimate request. 
 
13.Emoptune’s Liability
 
The Emoptune Site is a venue for individuals to post and upload, including but not limited to, the description of a problem that needs to be resolved, analyzed and provide assistance regarding a problem that has been posted by another user and/or offer to physically fix a problem posted by another user.  Emoptune, LLC does not censor or screen any of the User Content.  Further, Emoptune, LLC is not involved in the actual transactions that occur between the users based on the User Content.  Emoptune, LLC therefore has no control over the quality, safety or legality of the problem, written assistance or physical assistance posted and/or offered.  Emoptune, LLC makes no representations regarding any of the assistance offered by users to users of the Emoptune Site.  In the event that Emoptune, LLC believes that any such User Content could create liability for Emoptune, LLC, damage Emoptune’s brand or public image, or cause Emoptune, LLC to lose (in whole or in part) the services of its ISPs or other suppliers, Emoptune, LLC may take any action it deems necessary or appropriate in its sole discretion.  While Emoptune, LLC reserves the right in its sole discretion to remove User Content from the Emoptune Site, Emoptune, LLC does not assume any obligation to do so and disclaims any liability for failing to take any such action.
 
Emoptune, LLC is not involved in the actual communications between users.  User authentication on the Internet is difficult.  As a result, Emoptune, LLC cannot and does not confirm that each user is who they claim to be.  Indeed, Emoptune, LLC has no control, and is therefore not responsible for, the accuracy, reliability or completeness of the user profiles and User Content submitted on the Emoptune Site.  
 
Note that there are risks dealing with strangers, including, but not limited to, the risk of physical harm, dealing with underage persons or dealing with people acting under false pretenses.  By using the Emoptune Site, you assume all risks associated with dealing with other users with whom you come into contract through the Emoptune Site.  By its very nature, the information you view on the Emoptune Site may be harmful, inaccurate or offensive, and in some cases mislabeled or deceptively labeled.  We expect that you will use caution and common sense when using the Emoptune Site and/or dealing with other users of the Emoptune Site.  
 
If you suspect that you are the target of a prank or other harassment related to a  Post or User Content, please contact Emoptune immediately and ask to have the Posting or User Content removed. If available, please provide information about the Posting and the person/entity involved so that Emoptune can investigate.
Emoptune takes cases of abuse and harassment seriously and cooperates fully with law enforcement in prosecuting such cases.
If you feel you've been cheated in a transaction or that there is false advertising on Emoptune, please let Emoptune know so we can look into it, and so Emoptune can be prepared to provide whatever help it can to police and other investigators.
 
 
 
GIVEN THE NATURE OF THE USER-TO-USER INTERACTIONS ON THE EMOPTUNE SITE, IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS ON THE EMOPTUNE SITE, YOU RELEASE EMOPTUNE, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 
 
THE USE OF THE EMOPTUNE SITE IS AT YOUR OWN RISK.  EMOPTUNE, LLC MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY USER CONTENT.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT PLACED BY YOU ON THE EMOPTUNE SITE.  
 
Emoptune, LLC cannot guarantee and does not promise any specific results from use of the Emoptune Site.  No advice or information, whether written or oral, obtained from a user of the Emoptune Site shall create any warranty not expressly stated therein.
 
14.Disclaimer of Warranty
 
THE SERVICES ON THE EMOPTUNE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES BASED ON COURSE OF DEALING OR USAGE IN TRADE.  EMOPTUNE DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE USE OF THE EMOPTUNE SITE.  EMOPTUNE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. EMOPTUNE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY GEOGRAPHIC AREA.  YOU SHALL NOT CONSTRUE THE SERVICES AS A REPRESENTATION BY EMOPTUNE AS TO THE APPROPRIATENESS OF ANY INFORMATION POSTED OR AVAILABLE ON THE EMOPTUNE SITE.  YOU ACKNOWLEDGE THAT THE POSTED AND AVAILABLE INFORMATION MAY NOT INCLUDE ALL NECESSARY OR APPROPRIATE INFORMATION AND CERTAIN DATA AND INFORMATION INCLUDED WITHIN THE SITE MAY BE SEEDED TO DETECT UNAUTHORIZED USE. 
 
15.Disclaimer of Consequential Damages and Warranties
 
EMOPTUNE MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. EMOPTUNE, ITS SUBSIDIARY AND PARENT COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE EMOPTUNE SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SITE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMOPTUNE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. EMOPTUNE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMOPTUNE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. 
 
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE POSTINGS AND INFORMATION AVAILABLE ON THE EMOPTUNE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE POSTINGS AND INFORMATION, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. EMOPTUNE FURNISHES THE INFORMATION AVAILABLE ON THE SITE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. EMOPTUNE, ITS VENDORS AND INFORMATION PROVIDERS BELIEVE THEIR DATA ANDTEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED. 
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY. 
 
16.Limitation of Liability
 
EMOPTUNE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE EMOPTUNE SITE OR YOUR USE OF CONTENT ON THE EMOPTUNE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100 USD.
 
17.No Resale or Unauthorized Commercial Use
 
You agree not to resell or assign your rights or obligations under this Agreement.  You also agree not to make any unauthorized commercial use of the Emoptune Site.
 
18.Indemnification
 
You agree to defend, indemnify, and hold harmless Emoptune, LLC, its parents, subsidiaries and their affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Emoptune Site, (ii) your use of any content from the Emoptune Site, or (iii) your breach of the terms of this Agreement.  Emoptune, LLC shall provide notice to you promptly of any such claim, suit or proceeding.
 
19.Feedback
 
Emoptune, LLC welcomes all comments, feedback, information, or materials regarding the Emoptune Site (“Feedback”), which you submit to us by email, through our Site or by any other means. Please note that the Feedback shall be considered non-confidential and becomes the property of Emoptune, LLC upon receipt. By submitting the Feedback to us, you hereby agree to assign, and hereby assign, to Emoptune, LLC, at no cost, all right, title and interest, on a worldwide basis, in all intellectual property rights contained in said Feedback, including, but not limited to, all copyrights and patent rights. We shall therefore be free to use the Feedback as we see fit on an unrestricted basis. 
 
20.Donations
 
There are no fees for joining Emoptune, LLC.  If you wish to make a monetary donation to help in the upkeep of our website, please visit http://www.emoptune.com/pages/donate  
 
All donations are considered unconditional gifts to Emoptune, LLC and are intended to assist with the upkeep and maintenance of the Emoptune Site.  As such, acceptance by Emoptune, LLC of a donation does not create a legal or binding relationship between Emoptune, LLC and the donor, nor does acceptance create any right or obligation in the donor to the Emoptune Site, the content of the site or any sort of relationship between the donor and Emoptune,LLC.  
 
21.Term and Termination
 
This Agreement will remain in full force and effect while you are a user of the Emoptune Site.  Upon any breach by you of this agreement, or in the event that Emoptune, LLC is unable to verify or authenticate any information you provide pursuant to your Emoptune Site registration, Emoptune, LLC reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, removal of your User Content from the Emoptune Site and immediate termination of your registration with, or ability to access, the Emoptune Site.
 
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND EMOPTUNE, LLC, AND IS ACCEPTED BY YOU UPON YOUR USE OF THE EMOPTUNE SITE.
 
22.General
 
This Agreement, as amended from time to time, applies to your use of the Emoptune Site and any content made accessible through the Emoptune Site.  
 
Recognizing the global nature of the Internet, YOU agree to comply with all local rules regarding online conduct and acceptable content. Specifically, YOU agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which YOU reside. 
 
This Agreement is governed by the internal substantive laws of the Commonwealth of Virginia.  Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts located in Richmond, Virginia.  If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.  No waiver of any of the terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term.  In addition, Emoptune, LLC’s failure to enforce any term of this Agreement shall not be deemed a waiver of such term or otherwise affect Emoptune, LLC’s ability to enforce such term at any point in the future.  Except as expressly provided in an additional agreement, additional terms for certain areas of the Emoptune Site, a particular “Legal Notice,” or software license or material on the Emoptune Site, this Agreement constitutes the entire agreement between you and Emoptune, LLC with respect to the use of the Emoptune Site.  No changes to this Agreement shall be made except by a revised posting on this page made by Emoptune, LLC.
 
YOU acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by EMOPTUNE to provide the Service hereunder. YOU may not assign any of YOUR rights, obligations or privileges hereunder without the prior, written consent of EMOPTUNE which may be withheld at EMOPTUNE’s sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement, any posted operating rules and any subscription agreement constitute the entire agreement of the YOU and EMOPTUNE with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between YOU and EMOPTUNE with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. YOU agree not to reproduce, duplicate, copy, sell, or resellany portion of the Site or access to the Site The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If YOU believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please send us a message about it. We will not respond to YOUR message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. YOU acknowledge that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with EMOPTUNE or licensors of EMOPTUNE or any of its affiliated entities as third party beneficiaries of this Agreement or information providers of EMOPTUNE and EMOPTUNE, its affiliated companies or its or their licensors and information providers shall be entitled to enforce such provisions against YOU. 
 
23.Arbitration
 
All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the City of Richmond in the Commonwealth of Virginia. The arbitrator's decision shall be based upon the laws of the Commonwealth of Virginia as set forth above, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and YOU agree that federal and state courts in the City of Richmond in the Commonwealth of Virginia shall have such jurisdiction. The foregoing shall not preclude NAPCO from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors). 
 
Information or Complaints
 
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If YOU have a question or complaint regarding the Service, please send an e-mail to support@emoptune.com.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 
 
When YOU register for www.emoptune.com YOU will be asked to agree to this Agreement by clicking a box marked "I have read & accept the Emoptune Terms and Conditions of Use & Privacy Policy". Please note, if YOU are under THIRTEEN (13) years old, YOU may not use the Service. 
 
 
Contact Us 
 
Please email us at support@emoptune.com if you have any questions about this policy, security, or privacy.
 
 
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