This Emporium, Inc. (“This Emporium”) This Emporium is a social site and platform that is in essence an operating system for Lists. We make it easy, fun, and social for users to Rank things – anything – via a drop-and-drag interface and a comprehensive database. Users can setup a profile with all of their ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste through our website located at www.This Emporium.com and any other websites or applications, operated or controlled by us (“Website”).
Please read these Terms of Service (“Terms”) carefully as they govern your access to and use of the services and Website (“Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Services include all aspects of This Emporium, including but not limited to all products, software and services offered via the Website, such as widgets, uploaders and other applications. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Modification of Terms
This Emporium reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Services, or modify these Terms without notice. All modified terms and conditions will be effective when posted on the Website (unless a longer notice period is required by applicable law). If any modified Terms are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Services after This Emporium makes any such modification, you agree to be bound by the revised Terms.
Ownership of Content
User Content. You own all content you submit to the Services, including but not limited to profile information, reviews, images, messages, and any other materials (“User Content”). Additionally, all content you submit in the format of a “votable list”, whereby the rankings of said list content are ordered and/or changed by votes and rankings from other visitors, is jointly owned by yourself and This Emporium. By submitting User Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use User Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Services and third party websites, mobile applications and other platforms who obtained User Content from us (“Third Party Properties”) the same right you have granted to us herein to use User Content in connection with their use of the Services and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against This Emporium, any Third Party Properties and our and their users.
You are responsible for User Content. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in User Content that makes you personally identifiable. You may be held liable for User Content.
In submitting User Content to us, you represent that:
You are the sole author of User Content, and User Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
Use of User Content by This Emporium, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to User Content that are images, you agree that at least one of the following is met:
You have taken the photograph or created the artwork being submitted;
You own the rights to the image; or
You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of User Content submitted to us will not:
Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
Contain material that violates the standards of good taste or the standards of the Properties;
Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuse others of illegal activity, or describe physical confrontations;
Contain material that is illegal, or that violates any federal, state, or local law or regulation;
Contain language or images intended to impersonate another person;
Disguise or attempt to disguise the origin of User Content;
Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
Assert or imply that User Content is in any way sponsored or endorsed by us; or
Contain material that is not in English;
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of User Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of User Content to you under any circumstances.
This Emporium Content. We are the sole and exclusive copyright owners of the Website, Services and This Emporium Content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content (“This Emporium Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Website, Services and This Emporium Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of This Emporium Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Services, This Emporium Content or our IP Rights.
You understand that when using the Services you will be exposed to Content from a variety of sources, and that This Emporium is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against This Emporium with respect thereto. This Emporium does not endorse any Content or any opinion, recommendation, or advice expressed therein, and This Emporium expressly disclaims any and all liability in connection with Content.
Your Obligations in Using the Services
The Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website or Services:
Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any This Emporium Content;
Upload, post, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Use any meta tags or other hidden text or metadata utilizing a This Emporium name, trademark, URL or product name;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
Upload, post, email, or otherwise transmit, via the Website or Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of This Emporium;
Upload, post, email, or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Website;
Upload, post, email or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of This Emporium’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Attempt to probe, scan or test the vulnerability of any This Emporium system or network or breach or impair or circumvent any security or authentication measures protecting the Website or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services;
Attempt to access, search or meta-search the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by This Emporium or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Website to determine how a website or web page ranks;
Collect or store personal data about other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Use the Website or Services in any manner not permitted by this Agreement; or
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms.
We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from the Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. This Emporium is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, This Emporium will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
You may terminate your Account at any time and for any reason by clicking “Cancel Account” on the “My Account” page. Upon any termination by a Member, the related Account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to This Emporium under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
This Emporium has developed proprietary widget software (the “Widget”) which includes an online list publishing widget and online data management platform designed for organizing, querying, analyzing, exporting and developing reports based on voting on and publishing lists. Upon acceptance of these Terms, Publisher will be granted a royalty-free, non-exclusive, non-transferable, non-assignable right to download, and install the Widget on the Publisher’s websites to collect and report quantitative list and other data (“List Data”) from visitors to the Publisher’s websites.
Publisher hereby acknowledges and agrees that This Emporium owns and shall retain proprietary rights, including, without limitation, (i) all patent, copyright, trade secret, database rights, trademark and other intellectual property rights in and to the Widget, and any corrections, bug fixes, enhancements, updates or other modifications to the Widget, whether made by Publisher, This Emporium or any third party and (ii) all list content, each list, list analysis, end-user presentations, the list data and other data to be provided or made available to Publisher by This Emporium generated from the use of the Widget (“Content”)
Copyright and Content Policy
This Emporium respects the intellectual property rights of others, and asks that you to do the same. This Emporium does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and This Emporium will remove all Content if properly notified that such Content infringes another’s intellectual property rights. This Emporium reserves the right to remove Content without prior notice. This Emporium will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. This Emporium may remove such Content and/or terminate a User’s account due to a violation of these Terms at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide This Emporium’s Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Emporium’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:Copyright Agent
This Emporium, Inc.
6420 Wilshire Blvd., Suite 500
Los Angeles, CA 90048
By email:[email protected] Emporium.com
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. This Emporium EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITES, SERVICES, This Emporium CONTENT AND USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. This Emporium DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM This Emporium, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL This Emporium, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT This Emporium HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL This Emporium’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.