Terms and Conditions
Thanks for using our products and services (“Website”). The Website are provided by eMantle OU (“eMantle”) By using our Website, you are agreeing to these terms. Please read them carefully.
Our Website are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Website, and those additional terms become part of your agreement with us if you use those Website.
USING OUR SERVICES
You must follow any policies made available to you within the Website.
Don’t misuse our Website. For example, don’t interfere with our Website or try to access them using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Website to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Don’t remove, obscure, or alter any legal notices displayed in or along with our Website.
Our Website display some content that is not eMantle’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Website are available on mobile devices. Do not use such Website in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need an Account in order to use some of our Website. You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications.
PRIVACY AND COPYRIGHT PROTECTION
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that we can use such data in accordance with our privacy policies.
YOUR CONTENT IN OUR SERVICES
Some of our Website allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Website, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Website), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Website, and to develop new ones. This license continues even if you stop using our Website. Some Website may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Website, there are terms or settings that narrow the scope of our use of the content submitted in those Website. Make sure you have the necessary rights to grant us this license for any content that you submit to our Website.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have an Account, we may display your Profile name, Profile photo, and actions you take on third-party applications connected to your Account (such as +1’s, reviews you write and comments you post) in our Website, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Account. For example, you can choose your settings so your name and photo do not appear in an ad.
ABOUT SOFTWARE IN OUR SERVICES
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Website may let you adjust your automatic update settings.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Website or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Website may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Website. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Website at any time, although we’ll be sorry to see you go. We may also stop providing Website to you, or add or create new limits to our Website at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
OUR WARRANTIES AND DISCLAIMERS
We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Website.
Other than as expressly set out in these terms or additional terms, neither we nor its suppliers or distributors make any specific promises about the Website. For example, we don’t make any commitments about the content within the Website, the specific functions of the Website, or their reliability, availability, or ability to meet your needs. We provide the Website “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
LIABILITY FOR OUR SERVICES
When permitted by law, our suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of us, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Website (or, if we choose, to supplying you the Website again).
In all cases, we, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Website for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
BUSINESS USES OF OUR SERVICES
If you are using our Website on behalf of a business, that business accepts these terms. It will hold harmless and indemnify us and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between we and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Website. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and we consent to personal jurisdiction in those courts.