Terms of Use

Last Updated: OCTOBER 1, 2019

Introduction

Please read these terms of use carefully. By accessing or using this web site or mobile site, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this web site, mobile site or mobile application.

This website, mobile site or mobile application is operated by Emanuelle Design LLC (“Emanuelle,” “we,” or us”). These Terms of Use (“Terms”) apply solely to your access to, and use of, the Web sites operated by Emanuelle and other online services which link to these Terms (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Emanuelle.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Copyright and Limited License

Unless otherwise indicated in the Site, the Services and all content and other materials on the Site, including, without limitation, the Emanuelle logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Emanuelle Materials”) are the proprietary property of Emanuelle or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and the Emanuelle Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Emanuelle Materials therein; (b) the reproduction, distribution, public performance or public display of any Emanuelle Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Emanuelle Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Emanuelle Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Emanuelle Materials other than for their intended purpose. Any use of the Site or the Emanuelle Materials other than as specifically authorized herein, without the prior written permission of Emanuelle, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Trademarks

All logos and slogans contained in the Site are trademarks of Emanuelle, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Emanuelle or the applicable trademark holder. You may not use any meta-tags or any other “hidden text” utilizing “Emanuelle” or any other name, trademark or product or service name of Emanuelle without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Emanuelle and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Hyperlinks

You may not use a Emanuelle logo or other proprietary graphic of Emanuelle to link to these Site without the express written permission of Emanuelle. Further, you may not use, frame or utilize framing techniques to enclose any Emanuelle trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Emanuelle’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Emanuelle or any third party. Emanuelle makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Site, or Web sites linking to the Site. Such third-party sites and services are not under the control of Emanuelle and Emanuelle is not responsible for the contents of any linked site or service or any link contained in a linked site or service, or any review, changes or updates to such sites or services. Emanuelle provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Emanuelle of any site or service or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or service to which you navigate from the Site.

Third Party Content

We may make third party information and other content available on or through the Site as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Site (collectively, “Third Party Content”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Emanuelle does not control, endorse or adopt any Third Party Content, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Emanuelle is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Advertisements and Promotions; Third-Party Products and Services

Emanuelle may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Emanuelle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Emanuelle advertisers or third party information on the Site.

Submissions

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Emanuelle that are provided by you in the form of email or other submissions to Emanuelle, or any postings on the Site, are non-confidential and shall become the sole property of Emanuelle. Emanuelle shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Emanuelle, THE SITE, THE Emanuelle MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (INCLUDING ANY THIRD PARTY CONTENT) (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Emanuelle DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER Emanuelle MATERIALS ACCESSED THROUGH THE SITE. Emanuelle DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE Emanuelle MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Emanuelle IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE Emanuelle ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, Emanuelle CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE Emanuelle MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Emanuelle IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY CONTENT, THIRD PARTY ACTIVITIES OR OTHER THIRD PARTY EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE. Emanuelle RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITE AND ANY RELATED SERVICES AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY Emanuelle.

Limitation of Liability

IN NO EVENT SHALL Emanuelle OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE Emanuelle MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Emanuelle, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Emanuelle’S RECORDS, PROGRAMS OR SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Emanuelle OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE Emanuelle MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Emanuelle FOR ACCESS TO OR USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law and Venue

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Termination

Notwithstanding any of these Terms, Emanuelle reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to use of the Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

Questions or comments about the Site may be directed to Emanuelle at legal@emanuelledesign.com.

Log of Amendments

This policy was published on October 1, 2019, and hasn't been amended since.