eMarke iSense Service Agreement

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.

The contract:

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.

Use of eMarke iSense and related services:


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.


Your eMarke account:


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.


Your service account, associated accounts, and accounts from third parties:

 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.

Your content:


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.


Privacy:


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.


Software:


 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.


Subsequent changes in the contract:


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.


NO WARRANTY:

We provide the service "as is," "with all faults," and "as available." We cannot guarantee the accuracy or timeliness of information available from the service. You acknowledge and agree that computer and telecommunications systems are not fault-free and that occasional periods of downtime occur. We cannot guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We make no promises about the service. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

LIABILITY LIMITATION


 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.


Service changes and cancellation:


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.


General legalities:


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.


Contracting party, choice of law and location for resolving disputes


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.


Payments to eMarke iSense and related products:


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.


eMarke isense rewards program:


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.


eMarke video content:


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:


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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