Date of Last Revision: June 19, 2011
Statement of Rights and Responsibilities
By using or accessing Emily Recommends, you agree to this Statement.
2. Sharing Your Content and Information
1. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Emily Recommends (“IP License”). This IP License ends when either Emily Recommends or you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you publish content it means that you are allowing everyone, including people off of Emily Recommends, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We always appreciate your feedback or other suggestions about Emily Recommends, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Emily Recommends safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Emily Recommends.
2. You will not collect users’ content or information, or otherwise access Emily Recommends, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Emily Recommends.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on Emily Recommends without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our promotions guidelines and all applicable laws.
10. You will not use Emily Recommends to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of Emily Recommends, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Emily Recommends users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Emily Recommends, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Emily Recommends if you are under 16.
6. You will not use Emily Recommends if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on Emily Recommends that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on Emily Recommends if we believe that it violates this Statement.
3. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
7. You will not post anyone’s identification documents or sensitive financial information on Emily Recommends.
8. You will not tag users or send email invitations to non-users without their consent.
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Emily Recommends within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Emily Recommends, as well as your name and profile picture.
7. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
1. We give you permission to use Emily Recommends Share Link button so that users can post links or content from your website on Emily Recommends.
2. You give us permission to use and allow others to use such links and content on Emily Recommends.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Emily Recommends.
8. About Advertisements and Other Commercial Content Served or Enhanced by Emily Recommends
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. You give us permission to use your name and profile picture in connection with that content and all other information saved on your profile..
2. You understand that we may not always identify paid services and communications as such.
1. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Emily Recommends to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Emily Recommends exclusively in a state or federal court. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Emily Recommends, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP EMILY RECOMMENDS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING EMILY RECOMMENDS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT EMILY RECOMMENDS WILL BE SAFE OR SECURE. EMILY RECOMMENDS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR EMILY RECOMMENDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR EMILY RECOMMENDS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EMILY RECOMMENDS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
1. By “Emily Recommends” we mean the features and services we make available, including through (a) our website at www.Emily Recommends.com and any other Emily Recommends branded or co-branded websites; (b) our Platform; (c) social plugins (if applicable), the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Emily Recommends or provide data to us.
3. By “information” we mean facts and other information about you, including actions you take.
4. By “content” we mean anything you post on Emily Recommends that would not be included in the definition of “information.”
5. By “data” we mean content and information that third parties can retrieve from Emily Recommends or provide to Emily Recommends through Platform.
6. By “post” we mean post on Emily Recommends or otherwise make available to us (such as by using an application).
7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “active registered user” we mean a user who has logged into Emily Recommends at least once in the previous 30 days.
9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
1. This Statement makes up the entire agreement between the parties regarding Emily Recommends, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. You will comply with all applicable laws when using or accessing Emily Recommends.