WEBSITE TERMS OF USE

Effective Date: 2/20/2014

EM Edition, LLC (“EM Edition”) operates the website located at http://www.EMEdition.com (the “Site”).  Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the Site.  This Agreement sets forth the legally binding terms and conditions for using the Site and all services provided on the Site.  This Agreement applies to all users of the Site.  By using the Site in any manner, you agree to be bound by the terms and conditions of this Agreement, including any additional terms, conditions, and policies available on the Site.

1. EM Edition Services.  EM Edition provides editorial content for entertainment purposes and personal use only (the “Service”) and is not intended as professional advice concerning any individual case or any particular subject matter.  The content is not a substitute for medical, health, or professional advice, and it should not be relied on for that purpose.  EM Edition and its contributors assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information and material on the Site.  We strive to keep all information current; however, we cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information.

 

2. Site Visitors.  The Site is only available to users who are 21 years of age or older.  By using the Site, you represent and warrant that you are at least 21 years old and that any and all registration information you submit is accurate and truthful.  EM Edition may, in its sole discretion, refuse to allow access to or use of the Site to any user.  This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

You agree to comply with all laws regarding online conduct.  In addition, you must abide by EM Edition’s policies as stated in this Agreement and the policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by EM Edition from time to time without notice to you.

You do not have to register in order to use the Service, although some features may require registration and creation of a member account.  You must keep account information up-to-date and accurate at all times, including a valid email address.  You may not transfer or sell your account or User ID to any other party.  Keep your password secure.  Do not provide your username and password information to any party.  You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality.  You also agree that EM Edition cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  You agree to notify EM Edition immediately in the event of any unauthorized use of your password or any breach of security.

EM Edition reserves the right to refuse or suspend service to anyone, for any reason, at any time.  EM Edition reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts.

 

3. Prohibited Items and Activities.  The Site includes a combination of content created by EM Edition, or provided to us by a licensor or other third parties (“Site Content”).  You are solely responsible for your conduct and activities on the Site and any and all text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit and/or display on EM Edition, as well as any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“User Content”).  Your User Content and your use of the Site shall not:  (i) be false, inaccurate or misleading, (ii) infringe upon any third party’s patent, copyright, trademark, trade secret, or other proprietary or intellectual property right(s) or right(s) of publicity or privacy (collectively, “Intellectual Property Rights”); (iii) violate this Agreement or any Site policy, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); (iv) offers to sell or buy a product or service or links to a third-party website without EM Edition’s consent; (v) contain information that we believe to be harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, unlawful, or otherwise objectionable; (vi) contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with EM Edition; (viii) appear to create liability for EM Edition or cause EM Edition to lose (in whole or in part) the services of EM Edition’s ISPs or other suppliers.

 

4. License Grant.  By publishing User Content on the Site, you agree that you are making it available for inclusion and/or distribution by EM Edition and its affiliates.  EM Edition considers all User Content to be non-confidential and non-proprietary.  You hereby grant, and you represent and warrant that you have the right to grant, EM Edition a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use, publish, distribute, reproduce, modify, and make derivative works of all such User Content, and your name, voice, and/or likeness, and any other name(s) or likeness(es) contained in your User Content, in whole or in part, in any form, media, or technology, whether now known or hereafter developed for use in connection with the Service, unless otherwise agreed between you and EM Edition in writing.  By posting User Content on EM Edition, it may be possible for an outside website or a third party to re-post that User Content.  You agree to hold EM Edition harmless for any dispute concerning such use by third parties.

 

5. Information Control.  EM Edition cannot control all of the User Content provided by users on the Site.  You may find some User Content to be offensive, harmful, inaccurate, or deceptive.  By using the Site, you agree to accept such risks and that EM Edition (and EM Edition’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on the Site.

The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by EM Edition.  We cannot control, and we assume no responsibility for, the content, availability, privacy practices, or business practices of any third-party websites or resources linked to or referenced on the Site.  EM Edition does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that EM Edition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.  Your dealings with any such third-party websites are solely between you and those third parties.  If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms of Use and other EM Edition policies do not apply to your use of such websites.  We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

6. Resolution of Disputes and Release.  In the event a dispute arises between you and EM Edition, please contact us at emily@emedition.com.  For all purposes of this Agreement, you consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Illinois.  You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.  You and EM Edition agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you agree to release EM Edition (and EM Edition’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) 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.  EM Edition encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

 

7. Intellectual Property.  The content on the Site is the sole property of EM Edition or its contributors.  Unless otherwise noted, all of the written articles are the copyright-protected property of EM Edition and/or its contributors.  EM Edition content may not be used, modified, or reproduced in any medium without express written permission.  “EM Edition” and other EM Edition trademarks, graphics, logos, designs, page headers, button icons, scripts, and service names are federally registered trademarks, common law and/or state trademarks, or trade dress of EM Edition.  EM Edition’s trademarks and trade dress may not be used by any Site user or third party, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

8. DMCA Notice.  You agree not to post any User Content which may be found to infringe upon any third party’s Intellectual Property Rights.  Users agree to notify EM Edition of any potentially infringing User Content.  EM Edition reserves the right in its sole discretion to remove any User Content from the Site for which it has been informed or has reason to believe may infringe a third party’s intellectual property right(s).

If you believe your copyrighted work has been copied on the Site in a way that constitutes copyright infringement, please notify EM Edition at the Notice address provided in these Terms of Use.  You must provide the following information in writing:  (i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that Is claimed to be infringing and where it is located on the Site; (iv) information reasonably sufficient to permit EM Edition to contact you, such as your address, telephone number, and email address; (v) 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 owner, its agent, or the law; and (vi) a statement, made under the penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.  Please note that this procedure is exclusively for notifying EM Edition that your copyrighted material has been infringed, and the preceding requirements are intended to comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”).  EM Edition will terminate any members who are deemed to be repeat infringers, and it may at its sole discretion limit access to the Service for any users who infringe the Intellectual Property Rights of others.

 

9. Access and Interference.  EM Edition does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside EM Edition’s control.  You agree that you will not:  (i) Take any action that imposes, or may impose an unreasonable or disproportionately large load on the Site’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any third party User Content, directly or through automated means, without the prior express written permission of EM Edition and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iv) access the Site by any means other than through the interface that is provided by EM Edition for use in accessing the Site; or (v) bypass EM Edition’s robot exclusion headers or other measures EM Edition may use to prevent or restrict access to the Site.

 

10. Breach.  Without limiting any other remedies, EM Edition may, without notice, immediately remove User Content, issue a warning to a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if EM Edition suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and guidelines listed on the Site; if EM Edition is unable to verify or authenticate any of your personal information or User Content; or if EM Edition believes that a user is acting inconsistently with the letter or spirit of EM Edition’s policies, has engaged in improper or fraudulent activity in connection with EM Edition or actions which may cause legal liability or financial loss to EM Edition and/or its users.

 

11. Privacy.  EM Edition takes your privacy seriously.  Please consult our Privacy Policy, which can be found at http://www.EMEdition.com/privacy, before using the Site.  Except as provided in the Privacy Policy, EM Edition will not sell or disclose your personally identifiable information to third parties without your explicit consent.  EM Edition uses reasonable data security measures to protect all Content and Site materials.  Like most websites, EM Edition uses cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website.  This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages.  None of this information can personally identify specific visitors to this site.  The information is tracked for routine administration and maintenance purposes.

 

12.  No Representations or Warranties.  EM Edition makes no representations or warranties as to your use of the Service and assumes no liability or responsibility for the accuracy, or any error or omission, in the Site Content.  We do not represent or warrant that use of the Service by you will not infringe rights of third parties.  Third parties may provide some of the content available on the Site.  EM Edition does not guarantee the accuracy, integrity, or quality of the content provided by third parties.  Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site Content whatsoever.

Any opinions posted or displayed by third parties are not opinions expressed by EM Edition or its affiliates.  We do not warrant or guarantee the legitimacy of any users of the Site or warrant or guarantee that any claims or promises made by any other party are accurate or legitimate.  You are required to make your own determination regarding any such claims or promises made by third parties or other users of the Site.  You warrant that you make contact with other users or third parties at your own risk and should perform reasonable due diligence before making such contact whether electronically or in person.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK.  EM EDITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE THE SITE AND EM EDITION’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  EM EDITION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EM EDITION SHALL CREATE ANY WARRANTY.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 

 

13. Liability Limit.  IN NO EVENT SHALL EM EDITION, AND (AS APPLICABLE) EM EDITION’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, EM EDITION’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

14. Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD EM EDITION AND (AS APPLICABLE) EM EDITION’S OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER EM EDITION POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

15. Severability.  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of this Agreement shall remain in full force and effect.

 

16. EM Edition Service.  EM Edition reserves the right to modify or terminate the Service, or introduce new services for any reason, without notice, at any time.  EM Edition reserves the right to alter these Terms of Use or other Site policies at any time, so it is your responsibility to review the policies frequently.  If EM Edition makes a material change, it will notify its members as it deems appropriate.  What constitutes a “material change” will be determined at EM Edition’s sole discretion.

 

17. Choice of Law.  This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Illinois, regardless of its conflicts of laws rules, and the United States of America.

 

18. Survival.  Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, EM Edition’s intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among EM Edition, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.

 

19. Notices.  Except as explicitly stated otherwise, any notices shall be given by email to emily@emedition.com or by postal mail to EM Edition, LLC; ATTN: Legal Notices; 7701 Forsyth Blvd, Suite 800, St. Louis, MO  63105 (in the case of EM Edition) or, in your case, to the email address you provide to EM Edition.  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, EM Edition may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to EM Edition.  In such case, notice shall be deemed given three days after the date of mailing.

 

20. FTC Disclaimer.  EM Edition aims to provide unbiased editorial content.  However, we may receive free products from marketers that we sometimes review or discuss in our editorials.  Also, we may run advertisements on the Site concerning some of those products or companies that sell them (and other products sold by such company) for which we sometimes receive compensation.

 

21. Disclosure.  The services hereunder are offered by EM Edition, LLC, with a mailing address located at 7701 Forsyth Blvd., Suite 800, St. Louis, MO  63105.

 

   

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