Terms of Service

Overview

This website is operated by EMARKSS LTD. Throughout the site, the terms 'we', 'us' and 'our' refer to EMARKSS LTD. EMARKSS LTD offers this website, including all information and tools available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website.

Section 1. Use of the website

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use the website for any illegal or unauthorised purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms may result in an immediate termination of your access.

Section 2. General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or its content without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Product interfaces shown on this site are illustrative.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4. Modifications to the website

We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Section 5. Lumnya

This website describes Lumnya, a product developed by EMARKSS LTD. Lumnya is currently in private beta and its features and availability may change. Use of Lumnya is governed by the terms published at lumnya.ai/legal/terms, not by these Terms.

Section 6. Third-party links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

Section 7. User comments, feedback and other submissions

If you send us creative ideas, suggestions, proposals, plans, or other materials, whether by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

Section 8. Personal information

Your submission of personal information is governed by our Privacy Policy.

Section 9. Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. We undertake no obligation to update, amend or clarify information on the site, except as required by law.

Section 10. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.

Section 11. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. The website and its content are provided 'as is' and 'as available', without any representation, warranties or conditions of any kind, either express or implied, to the extent permitted by law.

In no case shall EMARKSS LTD, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of the website. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

Section 12. Indemnification

You agree to indemnify, defend and hold harmless EMARKSS LTD and our officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 13. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14. Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to the website.

Section 15. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior versions of the Terms of Service.

Section 16. Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.

Section 17. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

Section 18. Contact information

Questions about the Terms of Service should be sent to us at contact@emarkss.com.