Effective Date: 19th July 2022
Site Covered: https://www.homewithemma.com
THE AGREEMENT: The use of this website and services on this website and mobile application provided by https://www.homewithemma.com (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
- “We”, “us” and “our” are references to HOME WITH EMMA;
- “User”, “You”, “Your” refers to the person who is accessing the website for taking or availing any service from us and including any person who makes the payment for purchasing products from the website;
- ”Website” shall mean and include https://www.homewithemma.com and any successor Website of the Company or any of its affiliates;
- “Communication” shall mean and include any text or images, either on the website or in other forms (emails, etc.) which are intended, directly or indirectly, to sell products.
- Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
2. ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the users of this Website and Services to you if you assent to this Agreement.
Home With Emma is a home decor website designed to inspire you to make positive changes at home.
4. AGE RESTRICTION
You must be at least 18 (Eighteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
5. GENERAL CONDITION
- We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
- We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
- The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
6. LICENSE TO USE WEBSITE
We may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials that may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
7. INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of HOME WITH EMMA, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”) with the exception of any content from others that we are lawfully permitted to use. You agree that we own all right, titles, and interests in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
a) To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) you have obtained all consents and permissions from all Authorized Users and others, for your collection of the User Content contributed by them, and transmission and use thereof as contemplated herein; and (iii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (including, any applicable local, national and international laws).
b) If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
8. INTELLECTUAL PROPERTY RIGHTS NOTIFICATIONS
If you have an intellectual property rights-related complaint about material posted on the website, you may contact us using the information below.
ATTN: Legal Department (Copyright Notification)
Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
9. ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of HOME WITH EMMA.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any of our intellectual property rights or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To publish or distribute any obscene or defamatory material;
VI) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VII) To unlawfully gather information about others.
10. AFFILIATE MARKETING & ADVERTISING
We, through the Website and Services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
Keep in mind that we may receive commissions when you click our links and make purchases at no extra cost to you. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, to help you make the best choice for yourself.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com.
11. ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
12. REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
14. EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the https://www.homewithemma.com.
In no event shall HOME WITH EMMA, nor its owners, employees, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
The website, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content, or its service are free of computer viruses or similar contamination or destructive features. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.
A) No warranties.
We specifically (but without limitation) disclaim
- Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
- Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services.
B) No guarantee of accuracy.
We do not guarantee the accuracy of and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.
C) No warranties regarding third parties.
We make no representations, warranties, or guarantees, express or implied, regarding any third-party service, product or advice provided by a third party.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
16. SPAM POLICY
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused as a result of your use of any third-party services linked from or to our Website.
18. MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
20. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
21. NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. We hereby expressly disclaim all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
22. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to all claims by you, including, but not limited to consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23. GENERAL PROVISIONS:
a) JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed under the laws of England and Wales without giving effect to any principles of conflicts of law. The English Courts shall have exclusive jurisdiction over any dispute arising from the use of the Website.
b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of HOME WITH EMMA will bind and inure to any assignees, administrators, successors, and executors.
c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
d) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
f) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
g) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.