The Legal Terms
By using Emmet Labs’ products and services on its website, you understand and agree that Emmet Labs will treat this use as acceptance of these Terms of Service from that point onward. You may not use the website and may not accept the Terms of Service if you are not of legal age to form a binding contract or you are barred from using the website under the laws of the United States or the country in which you reside. Before you continue, you may want save your own copy of these Terms of Service for your records.
1. Emmet Labs – Our Innovation and Evolution
As a user of Emmet Labs services you agree to join us on our journey of innovation and evolution. This means that you understand and agree that, over time and without notice to you:
a. Our products and services may change
b. We may discontinue certain services or features
c. We may revise these Terms of Service at any time and your continued use of Emmet Labs indicates your agreement to these new terms;
d. We may display advertising content in conjunction with the services
e. While we’d prefer not to, we may
i. Set a fixed upper limit on your use of the services, i.e., storage space
ii. Terminate your use of the site or terminate your ability to edit content on the site
iii. Close a particular entry to viewing or editing
iv. Refuse to allow access to our services or to create site content to any user
2. Emmet Labs’ Membership – Its Licenses to You and Your Participation
a. As part of your participation in the Emmet Labs community:
i. Emmet Labs gives you a personal, worldwide, royalty-free, non-assignable, non-sub-licensable, non-transferable and non-exclusive license to use the software provided to you by Emmet Labs as part of the services provided to you by us. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services in accordance with these Terms of Service.
ii. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Emmet Labs, in writing.
b. Your participation in this community is essential to its successful evolution. As a user, or member of the Emmet Labs community, you agree
i. To provide information about yourself as part of the registration process or as part of your continued use of the services. You agree that this information will always be accurate, correct and up to date. To be clear, this does not mean that Emmet Labs always will make this information available to other community members. Please see “Privacy Policy” for more information; you agree that Emmet can use your information in accordance with its Privacy Policy
ii. Not to impersonate any person or entity, misrepresent your affiliation with a person or entity, manipulate identifiers in order to conceal the origin of information being transmitted to Emmet Labs, provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
iii. To maintain the confidentiality of your password, notify Emmet Labs of any security breaches that occur in your account, and accept responsibility for the activity in your account
iv. To use the services only for the purposes permitted by these Terms of Service, in accordance Emmet Labs Community Guidelines (which are incorporated by reference into this agreement), and any applicable law, rule, regulation or generally accepted practices or guidelines in relevant jurisdictions.
v. To not collect or store personal data about other users in connection with other prohibited conduct and activities set forth in these Terms of Service.
vi. Not to access or attempt to access the services by means other than provided by Emmet Labs, including through any automated means unless explicitly authorized by Emmet Labs.
vii. Not to engage in activity that interferes with the services.
viii. To accept responsibility and consequences for any breach of your obligations under these Terms of Service (including any loss or damage incurred by others) and to absolve Emmet Labs of responsibility to you or any third party in the event of your breach.
c. Contributing Content to Emmet Labs
i. All information or media you have access to via Emmet Labs services are the responsibility of the person from which the content originated. Emmet Labs or its designated agent will act to remove copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). Details of Emmet Labs’s policy regarding the DMCA can be found at http://www.EmmetLabs.com/dmca.html.
ii. You agree that you are solely responsible (and Emmet Labs has no responsibility to you or anyone else) for any content you create, send, or display while using the services and for the consequences of your actions.
iii. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the services. The content that you publish on Emmet Labs must be either (i) licensed by a third party under the GNU Free Documentation License without the Invariant Sections ("GFDL") or Creative Commons Attribution-Share Alike 3.0 License ("CC-BY-SA"), (ii) in the public domain, or (iii) your original content that you hereby agree when you submit such content to license to Emmet Labs under the GFDL or CC-BY-SA. You confirm and warrant that you have all the rights, power and authority necessary and to grant the above licenses when contributing content for publication on Emmet Labs.
iv. You understand and agree that any content you submit may be edited by others and/or redistributed in accordance with the GFDL and CC-BY-SA. You may not add content that results in (via addition or the content itself) a violation of any applicable law, rule or regulation, or the intellectual property or proprietary rights of others. Page histories are archives as defined under the US Copyright Act.
v. You may not submit content in any format that is (1) unlawful, harmful, tortious, defamatory, vulgar, obscene, hateful, or racially, ethically or otherwise objectionable (2) threatening, abusive, harassing, or invasive of another’s privacy (3) harmful to minors in any way (4) merely one or more links to other websites (5) unsolicited or unauthorized advertising (e.g., “spam”).
vi. Emmet Labs has the right but not the obligations to review, flag, filter, modify, reject, or remove any content from the services for any reason. Despite any efforts Emmet Labs might make or any policies, during your use of the services you may be exposed to content that you may find offensive, indecent or objectionable.
3. Emmet Labs’ proprietary rights
a. You acknowledge and agree that Emmet Labs or its licensors own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
b. Nothing in these Terms of Services gives you rights to use Emmet Labs’ trade marks or service marks, logos, domain names or other distinctive brand features.
c. Other than the limited license set forth in these Terms of Service, Emmet Labs acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any content submitted to Emmet Labs. You agree that you are responsible for protecting and enforcing those rights and that Emmet Labs has no obligation to do so on your behalf.
d. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services.
4. EXCLUSION OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” EMMET LABS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
i. MORE SPECIFICALLY, EMMET LABS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMMET LABS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMMET LABS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMMET LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (WHETHER PERMANENT OR TEMPORARY) OR FOR ANY CHANGES WHICH EMMET LABS MAY MAKE TO THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE ADVERTISING APPEARS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE .
6. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
7. Indemnity
You agree to indemnify and hold Emmet Labs and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of the Terms of Service, or your violation of any rights of another.
8. General legal terms
a. The Terms of Service (and incorporated policies and guidelines) constitute the whole legal agreement between you and Emmet Labs. You also may be subject to additional terms and conditions that may apply when you use Emmet Labs’ affiliate services, third-party content or third-party software.
b. You agree that Emmet Labs may provide you with notices by mail, fax, electronic mail or postings on our services.
c. The Terms of Service and the relationship between you and Emmet Labs shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Emmet Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. Notwithstanding this, you agree that Emmet Labs shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
d. The failure of Emmet Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
e. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
f. You agree that if Emmet Labs does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Emmet Labs has the benefit of under any applicable law), this will not be taken to be a formal waiver of Emmet Labs’ rights and that those rights or remedies will still be available to Emmet Labs.