Thank you for choosing Emarke
Please read this agreement carefully. It's a contract that governs
your use of any Emarke Isense, and eMarke subsidiary services or
products, or other products and services that directly display or
link to this agreement (the "service"). By using or accessing the
service, you confirm that you agree to these terms. If you
disagree, don't use the service. Thanks.
This is a contract between you and the
eMarke iSense company also listed as: "emarke," "we," "us," or
"our", for use of the service that eMarke supplies. Services
provisions may vary for different countries or regions.
eMarke does nor provide additional warranties for the service.
This contract also limits our liability to you.
When using the service, you must comply with this contract, all
applicable laws You must not use the service to harm others or the
service. For example, you must not use the service to harm,
threaten, or harass another person, organization, or eMarke. You
must not: damage, disable, overburden, or impair the service. You
must not use any unauthorized means to modify, reroute, or gain
access to the service or attempt to carry out these activities; or
use any automated process or service to access or use the service.
You may be able to access third-party websites or services via the
service; you recognise that we are not responsible for such
websites or services or content that may be available there.
We may provide you with an account on our eMarke authentication
process to use with the service. You're solely responsible for
your dealings with third parties (including advertisers) who use
the network, including as to the delivery of and payment for
goods. This contract applies whenever you use eMarke iSense and
our related products When you use your eMarke iSense account to
gain access to any website (whether controlled or published by us
or a third party), the terms and conditions for that website, if
different from this contract, may also apply to your use of that
website.
Only you may use your service
account. You must keep your accounts and passwords confidential
and not authorize any third party to access or use the service
on your behalf, unless we provide an approved mechanism for
that. If you suspect misuse of your accounts or any security
breach in the service, you must contact us at
customer_service@emarkeisense.com. For some parts of the
service, you may be able to set up additional accounts that are
dependent on your account ("associated accounts"). You're
responsible for all activity that takes place with your service
account and any associated accounts.
If you use an associated account, you acknowledge that the
holder of the service account has full control over your
associated account. If a third party such as an Internet service
provider, employer, or school gave you your account, that party
has rights to your account and may: manage your account, reset
your password, or suspend or cancel your account; view your
account's usage and profile data, including how and when your
account is used; and read or store content in your account,
including electronic communications, contact lists, and other
information.
Except for material that we license to you, we don't claim
ownership of the content you provide on the service. Your content
remains your content. We also don't control, verify, or endorse
the content that you and others make available on the service.
You control who may access your content. If you share content in
public areas of the service or in shared areas available to others
you've chosen, then you agree that anyone you've shared content
with may use that content. When you give others access to your
content on the service, you grant them free, non-exclusive
permission to use, reproduce, distribute, display, transmit, and
communicate to the public the content solely in connection with
the service and other products and services made available by
eMarke iSense and her related products. If you don't want others
to have those rights, don't use the service to share your content.
You acknowledge that eMarke iSense may need, and you hereby grant
eMarke iSense the right, to use, modify, adapt, reproduce,
distribute, and display content posted on the service solely to
the extent necessary to provide the service.
You must respect the rights of artists, inventors, and creators.
Content may be protected by copyright. People appearing in content
may have a right to control the use of their image. If you share
content on the service in a way that infringes others' copyrights,
other intellectual property rights, or privacy rights, you're
breaching this contract. You represent and warrant that you have
all the rights necessary for you to grant the rights in this
section and the use of the content doesn't violate any law. You
also agree that you have obtained the consent of any third party
to use their personal data, if it is included in that content, and
will comply with data-protection laws when doing so. We won't pay
you for your content. We may refuse to publish your content for
any or no reason. We may remove your content from the service at
any time if you breach this contract or if we cancel or suspend
the service.
You are responsible for backing up the data that you store on the
service. If your service is suspended or canceled, we may
permanently delete your data from our servers. We have no
obligation to return data to you after the service is suspended or
canceled. If data is stored with an expiration date, we may also
delete the data as of that date. Data that is deleted may be
irretrievable.
eMarke iSense will collect certain information about you. As part
of the service, we may also automatically upload information about
your computer, your use of the service, and service performance.
eMarke iSense will use and always protect that information. In
particular, we may access or disclose information about you,
including the content of your communications, in order to: (a)
comply with the law or respond to lawful requests or legal
process; (b) protect the rights or property of eMarke iSense or
our customers, including the enforcement of our agreements or
policies governing your use of the service; or (c) act on a good
faith belief that such access or disclosure is necessary to
protect the personal safety of eMarke iSense employees, customers,
or the public.
The service is a website on a server that eMarke iSense operates
from for the benefit of itself and its customers. eMarke iSense
retains the right to block or otherwise prevent delivery of any
type of email or other communication to or from the service as
part of our efforts to protect the service, protect our customers,
or stop you from breaching this contract. The technology or other
means we use may hinder or break your use of the service.
As and when you get software from us as part of the service,
its use is governed in one of two ways: If you're presented with
license terms that you must accept in order to use the software,
those terms apply; if no license is presented to you, the terms of
this contract apply. We reserve all other rights to the software.
We may automatically check your version of the software. We may
also automatically download to your computer upgrades to the
software to update, enhance, and further develop the service.
Any software we provide is licensed, not sold. Unless we notify
you otherwise, the software license ends when your service ends.
You must then uninstall the software, or we may disable it. You
must not work around any technical limitations in the software.
You must not disassemble, decompile, or reverse engineer any
software that's included in the service, except and only to the
extent that the applicable copyright law expressly permits doing
so.
The export laws and regulations pertaining to software are country
and region dependant. You must comply with all domestic and
international export laws and regulations that apply to the
software. These laws include restrictions on destinations, end
users, and end use.
eMarke iSense reserves the right to amend the contract. We will
inform you if we change the contract. We may change the terms of
this contract if: (i) it is necessary due to applicable law,
including, but not limited to, a change of such law; (ii) it is
necessary due to an advice and/or order based on applicable law;
(iii) our changes do not materially alter the balance between your
payment for the service and our service obligations to you; (iv)
it is necessary for technical reasons; (v) it is necessary to
facilitate the operation of the service; or (vi) the terms will be
changed to your advantage. We will inform you of the change before
it takes effect and will provide you the opportunity to cancel the
service or accept the change at least 30 days before the change
takes effect.
You can recover from eMarke iSense and our affiliates,
resellers, distributors, and vendors only reasonably foreseeable
damages up to an amount equal to your service fee for one month.
Losses are foreseeable where they could be contemplated by you and
us at the time of entering into the agreement. You cannot recover
any other damages, including consequential, lost profits, special,
indirect, incidental, or punitive damages.
To the maximum extent permitted by law, the limitations and
exclusions apply to anything related to this contract, for
example:
The service.
Loss of data.
Content (including code) on third-party websites, third-party
programs, or third-party conduct accessed via the service.
Viruses or other disabling features that affect your access to or
use of the service.
Incompatibility between the service and other services, software,
and hardware.
Delays or failures you may have in starting or completing
transmissions or transactions in connection with the service in an
accurate or timely manner.
Claims for breach of contract; breach of warranty, guarantee or
condition; strict liability; tort (including negligence or breach
of statutory duty); or misrepresentation.
Nothing in these terms shall
affect the statutory rights of any consumer or exclude or
restrict liability for death or personal injury arising from our
negligence, fraud, or our gross negligence or wilful intent.
Some or all of these limitations or exclusions may not apply to
you if your country does not allow the exclusion or limitation
of incidental, consequential, or other damages.
eMarke iSense may change the service at any time and for any
reason. For paid services, we will notify you in advance of
material changes to the service.
We may cancel or suspend your service and your access to the
eMarke iSense. Our reasons for cancellation may include that we
stop providing the service in your region or that you breach this
contract or fail to sign in to the eMarke iSense network during a
90-day period, or don't pay fees that you owe to us or to our
agents. If your service is cancelled, your right to use the
service stops immediately. If we cancel your credentials, your
right to use eMarke iSense stops immediately. Cancellation of the
service or credentials won't alter your obligation to pay all
charges made to your billing account. If we cancel the service in
its entirety without cause, we'll refund to you on a pro-rata
basis any payments that you have made based on the portion of your
service that would otherwise remain.
You may cancel the service at any time and for any reason. If it's
a paid service, some charges may apply.
We may assign, transfer, or otherwise dispose our rights and
obligations under this contract, in whole or in part to any of our
affiliates, at any time without notice. You may not assign this
contract or transfer any rights to use the service.
No third-party
beneficiaries
This contract is solely for your and our benefit. It is not for
the benefit of any other person, except for permitted successors.
Notices
You may notify us as stated in customer support for the service.
This contract is in electronic form. We may send you, in
electronic form, information about the service, additional
information, and information the law requires us to
provide. We may provide required information to you by email
at the address you specified when you signed up for the service or
by access to a eMarke iSense website that we identify. Notices
emailed to you will be deemed given and received when the email is
sent. If you don't consent to receive notices electronically,
you must stop using the service.
If you live in or your business is head quartered inLondon, UK,
you're contracting with eMarke iSense London, UK, the State law
governs the interpretation of this contract and applies to claims
for breach of it, regardless of conflict of laws principles. All
other claims, including claims regarding consumer protection laws,
unfair competition laws, and in tort, will be subject to the laws
of your state of residence in the United Kingdom, or, if you live
outside the United Kingdom, the laws of the country to which we
direct your service. You and we irrevocably consent to the
exclusive jurisdiction of the UK, for all disputes arising out of
or relating to this contract.
When you request a service from us, you agree that we may begin to
provide the service immediately and that you will not be entitled
to a cancellation or "cooling off" period, except if the law
requires a cooling off period despite your waiver and even when a
service starts right away.
When you are paying for a service, this contract applies if you
pay us directly. Even if the service itself is free, you may still
incur charges incidental to using the service, for example,
charges for Internet access, text messaging, or other data
transmission.
You must be authorized to use the payment method that you enter
when you create a billing account. You authorize us to charge you
for the service using your payment method and for any paid feature
of the service that you choose to sign up for or use while this
contract is in force. We may bill: (a) in advance; (b) at the time
of purchase; (c) shortly after purchase; or (d) on a recurring
basis for subscription services. Also, we may charge you up to the
amount you've approved, and we'll notify you in advance of the
difference for recurring subscription services. We may bill you
simultaneously for more than one of your prior billing periods.
Once we have informed you that the service will be automatically
renewed, we may automatically renew your service and charge you
for any renewal term, unless you have notified us that you wish to
cancel the agreement at least one month prior to its expiry or the
expiry of any renewal term, or otherwise in accordance with how we
may have told you that you may cancel.
You must keep all information in your billing account current. You
may change your payment method at any time. If you tell us to stop
using your payment method and we no longer receive payment from
you for the paid service, we may cancel that service. Your notice
to us will not affect charges we submit to your billing account
before we reasonably could act on your request.
Unless we notify you otherwise, if you're participating in any
trial period offer, you must cancel the service by the end of the
trial period to avoid incurring new charges. If you do not cancel
your service and we have told you the service will convert to a
paid subscription at the end of the trial period, you authorize us
to charge your payment method for the service.
The price stated for the service includes all taxes. You're
responsible for all other charges (for example, phone charges and
currency exchange settlements).
We'll notify you in advance if we change the price of the service.
If there's a specific length and price for your service offer,
that price will remain in force for that time. After the offer
period ends, your use of the service will be charged at the new
price. If your service is on a period basis (for example, monthly)
with no specific length, we'll notify you of any price change at
least 30 days in advance. If you don't agree to these changes, you
must cancel and stop using the service before the changes take
place. If you cancel, your service ends at the end of your current
service period or, if we bill your account on a period basis, at
the end of the period in which you cancelled.
Unless otherwise provided by law or by a particular service offer,
all charges are earned when received and are non-refundable, and
the costs of any returns will be at your expense.
We'll provide you with an online billing statement. you can view,
print, or request a paper copy of this statement. If you request a
paper copy, we may charge you a retrieval fee. We will provide
paper copies only for the past 120 days. If we make an error on
your bill, we'll correct it promptly after you tell us and we
investigate the charge. You must tell us within 120 days after an
obvious error first appears on your bill. If you don't tell us
within that time, you release us from all liability and claims of
loss resulting from any error caused by slight negligence;
further, in that case, we won't be required to correct the error.
We can correct billing errors at any time.
You may cancel the service at any time, with or without cause.
Some service offers may require you to pay cancellation charges as
stated in the materials describing the offer. Your cancellation of
the service won't alter your obligation to pay all charges made to
your billing account.
Except as prohibited by law, we may assess a late charge if you do
not pay on time. You must pay these late charges when we bill you
for them. The late charge will be the lesser of 1 percent of the
unpaid amount each month or the maximum rate permitted by law. We
may use a third party to collect past due amounts. You must pay
for all reasonable costs we incur to collect any past due amounts,
including reasonable attorneys' fees and other legal fees and
costs. We may suspend or cancel your service if you fail to pay in
full on time.
If the service doesn't include Internet access, you're responsible
for paying the fees charged by your Internet access provider.
Those fees are in addition to the fees you pay us for the service.
The rest of this section applies only if your service includes
Internet access. This service may not be available in your country
or region.
If you use a dial-up modem, you may incur toll, roaming, or other
access charges, depending on the number you're calling and where
you're calling from. You must check with your local telephone
company first to determine if the number you plan to use will
incur such charges. Even if we suggest a phone number for you to
call, you may still incur charges, depending on your local
provider, calling location, and phone plan. We will not reimburse
you for such charges.
Your right to any payment due to you under the service is
conditioned upon you promptly providing us with all of the
information we need to properly make the payment. You must provide
us with the information we request before your right to receive
the payment accrues. You're responsible for the accuracy of the
information you provide and for any taxes and charges you may
incur. You must also comply with any other conditions we place on
your right to any payment. if you receive a payment in error, we
may reverse or require return of the payment. You agree to
cooperate with us in our efforts to do this. We may also reduce
your earned balance without notice to adjust for the previous
overpayment.
The eMarke isense rewards program is a service under which you can
acquire Points or monies and redeem those Points/monies for
certain online services and digital products. You can see how
many. You can obtain selected services or digital products that we
elect to offer in exchange for Points. You can do this by
redeeming your Points/monies as indicated in the particular
messaging you see for those offers.
You can acquire Points/monies in a variety of ways. For example,
you can purchase Points, or certain services may give you Points
for using the service or specific features of the service (also
known as "promotion Points"). You can earn promotion Points only
for actions you actually complete. You're responsible for any tax
consequences that may result from your participation in the Points
service.
When you obtain Points/monies, you have obtained a limited license
to a digital product. We may further restrict your Points/monies
redemption offers based on your country of residence. The
existence of a particular offer available for Points/monies
redemption is not a commitment by us to maintain or continue to
make the offers in the future. The scope, variety, and type of
online services and digital products that you may obtain by
redeeming Points/monies can change at any time.
We may cancel, suspend, or otherwise limit your access to your
Points/money balance if we suspect fraudulent, abusive, or
unlawful activity on your Points balance. Once we delete
Points/money from a balance, we will not reinstate them, except at
our discretion. When we cancel, suspend, or otherwise limit access
to your Points/money balance, your right to use your Points/money
balance immediately ceases. We will use reasonable efforts to
investigate Points/money balances that are subject to access
limitations and to reach a final decision on the limitations
promptly.
If you believe that you have validly acquired Points/monies that
we have not posted to your Points/monies balance, we will not
consider posting these Points/money unless you contact us within
12 months after the date you claimed to have acquired those
Points/money. We may require reasonable documentation to support
your claim.
You may not use the embeddable video player on any website whose
primary purpose is the display of advertising or collection of
subscription revenues or is in direct competition with eMarke
iSense unless you first get our consent. You agree that your use
of the embeddable video player may result in additional
third-party costs, fees, and royalties, including applicable
public performance royalties in your country or region.
Notices and procedure
for making claims of copyright infringement
Notifications of claimed copyright infringement should be sent to
eMarke iSense's designated agent at:
customer_service@emarkeisense.com
Copyright and trademark notices
As and when we acquire copyrights. All contents of the service
pertaining to that copyright are to be considered as 'All rights
reserved'
Support
Customer support isn't offered for the service, unless the
materials we publish in connection with a particular service
specify that it is.
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