Terms & Conditions
Welcome to the website of emberensembles.com. This website is provided to you for your personal use, subject to these Terms and Conditions. Emberensembles.com reserves the right to change this site and these terms and conditions at any time.
Please read this agreement carefully before proceeding.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile, or otherwise exploit this site or any portion of it unless expressly permitted by emberensembles.com in writing.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent; (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.
Emberensembles.com may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed authorized to access and use the site in a manner consistent with the terms and conditions of this agreement.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, whether or not such access to and use of this site is authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify emberensembles.com of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security. After registering, you will receive our newsletters about sales, coupons, and special promotions. After logging in, you can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logging in.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
Users Submissions/Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site or provide to emberensembles.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary.
Anything that you submit to the site or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property. It shall not be returned to you, and you agree not to raise any dispute in connection with any use of the entry by emberensembles.com in the future.
In addition to the rights applicable to any submission, when you post comments or reviews to the site, you also grant emberensembles.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by emberensembles.com will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead emberensembles.com or third-parties as to the origin of any submissions or content. Ember Ensembles may, but shall not be obligated to remove or edit any submissions.
Links
Emberensembles.com welcomes links to this site. You may establish a hypertext link to our website, provided that the link does not state or imply any sponsorship or endorsement of your site by emberensembles.com.
Creating a link to this website is strictly forbidden without our prior written consent. You must not on your site in any manner use any trademarks, service marks, or any other materials appearing on emberensembles.com, including any logos or characters, without the express written consent of emberensembles.com
Copyright
All text, graphics, photographs, and other content on the website of emberensembles.com belong exclusively to emberensembles.com.
You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content on the website without our written permission.
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the site, information content on the site, and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software, shall remain at all times vested in us or our licensors.
Indemnify
You agree to indemnify and hold us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
Applicable Law
These Terms and Conditions of Use shall be interpreted and governed in accordance with the laws of the United States of America.
Arbitration
Any disputes arising from or related to these Terms of Use or your use of the website, including matters related to intellectual property, shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Legal Disclaimer
We are not responsible for any typographical errors or inaccuracies on this website. Prices, discounts, and product details are subject to change without prior notice.
Termination
In addition to any other legal or equitable remedies, emberensembles.com may, without prior notice to you, immediately terminate the agreement or revoke any or all of your rights granted under this agreement.
Disclaimer and Limitation of Liability
This website, all the materials and products (including but not limited to software), and services, included on or otherwise made available to you through this site are provided on emberensembles.com on an “as is” and “as available” basis.
Order Acceptance/Cancellation of Order
Please note that there may be certain orders that we are unable to accept and must cancel. Emberensembles.com reserves the right to refuse or cancel any order for any reason.
Payment
While we offer different payment options at emberensembles.com, emberensembles.com will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction.
Exceeding the preset limit mutually agreed upon by you and your bank.
Any payment issues arising out of the transaction.
Risk of Loss
All items purchased from emberensembles.com are backed up by a shipment contract. This means that the risk of loss shall remain with emberensembles.com until the item is transferred to you. If the items are damaged after receipt, the risk falls on the validated recipient or Customer.
