Welcome Welcome to Emphaticaleigh.com and to the Emphaticaleigh Members’ websites. Services and products are presented on Emphaticaleigh.com and the Members’ Sites. Emphaticaleigh.com does not provide services or products to children. If you are under age 13, your parent(s) must use the Website. This Terms of Use sets forth the legally binding terms and conditions for your use of Emphaticaleigh.com. By using Emphaticaleigh.com you agree to be bound by this Terms of Use, whether you are a visitor (which means you are a user browsing Emphaticaleigh.com) or an Emphaticaleigh Member (which means you have registered and agreed to the Terms and Conditions for Emphaticaleigh Members). You are only authorized to use Emphaticaleigh.com if you agree to abide by this Terms of Use and applicable laws. Please read the terms and conditions of this Terms of Use carefully and save it. If you do not agree with the Terms of Use, you should leave Emphaticaleigh.com immediately, you may not access or otherwise use the Website or services. Emphaticaleigh Members’ Sites are independent from Emphaticaleigh.com, therefore check their websites for their terms and conditions.
Emphaticaleigh, LLC reserves the right to change or modify the terms and conditions of this Terms of Use at any time, with such changes or modifications becoming effective immediately upon posting on this Website. You should check the Website frequently to see recent changes. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not use any robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any content or Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content or Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
Intellectual Property
All computer code, software, Website design, text, images, graphics, user interfaces, photographs, illustrations, audio clips, sounds, video clips, digital downloads, data compilations, artwork, logos, button icons, software, and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof, and trademarks, service marks, and tradenames, (collectively referred to as the “Material” or “Materials”), are the property of Emphaticaleigh Members or of Emphaticaleigh, LLC, its officers, assigns, licensors or other respective owners and are protected without limitation pursuant to United States and foreign copyright, trademark, patent, intellectual property, and other laws. The Website including its Materials, may only be used as permitted by Emphaticaleigh, LLC; all other uses, including copying, reproduction, uploading, posting, encoding, translating, modification, creation of derivative works, transmission (including mirroring) to another computer, server or website or other medium for publication, republication, or distribution, performance, display, sale, rental, lease, or storage in any network system of the Material on this Website is strictly prohibited. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. The Website, including its Materials, may not be sold, resold, or used for any commercial use.
Copyright, certain moral rights, and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on the Website or on the Members’ Sites, may be held by individuals and/or entities other than Emphaticaleigh, LLC or Emphaticaleigh Members. This includes reproduction of works of art licensed to Emphaticaleigh, LLC or to Emphaticaleigh Members by third parties, such as an artist or an artist’s estate holding rights to these works.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The use of the Material on any other website or in a networked computer environment for any purpose is strictly prohibited. You may not copy or adapt the code on any part of the Website, including that which Emphaticaleigh.com creates to generate its pages, or is generated in portions of the Website licensed from or by a third party. This code is also protected by Emphaticaleigh, LLC’s copyright and other intellectual property rights, as well as the copyright and intellectual property rights of portions licensed from or by a third party.
We respect others’ intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing Material placed by any third party on the Website or the Members’ Sites, please mail Emphaticaleigh, LLC:
Emphaticaleigh LLC
241 Meadow Lane
Vestal NY 13850
Phone: 570.594.4216
E-mail Address: [email protected]
Please provide the following information in writing:
The identity of the copyrighted work(s) or other intellectual property that you claim has been infringed. The identity of the Material on the Website that you claim is infringing. Please provide enough detail that we can locate it on the Website. A statement by you that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law. A statement by you declaring under penalty of perjury that the information that you provide in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Your name, address, telephone number, and e-mail address.
Your physical or electronic signature.
Emphaticaleigh Members warrant and represent that they are the artists and authors of the artwork displayed on their Member Sites or that they have express written permission from the owners of the copyright to the work to display the work. Emphaticaleigh, LLC does not verify the ownership and licensing of the artists’ and authors’ works and does not warrant and represent that works displayed on the Website and on the Members’ Sites is as represented by Emphaticaleigh Members. You agree that Emphaticaleigh, LLC will not be held liable by you and/or those under your control for any misrepresentation or copyright violation by Emphaticaleigh Members.
Trademarks, Service Marks, and Trade Dress
Certain marks used on the Website and on Emphaticaleigh Member Sites are registered trademarks or service marks of Emphaticaleigh.com and Emphaticaleigh Members. Other graphics, logos, page headers, button icons, scripts, and service names are Emphaticaleigh, LLC’s trademarks, service marks, or trade dress and are the sole and exclusive property of Emphaticaleigh, LLC. Our trademarks, service marks, and trade dress may not be used for any commercial or other purposes by any party other than Emphaticaleigh.com without our prior written consent. All other trademarks, service marks, and trade dress not owned by Emphaticaleigh, LLC that appear on this site are the property of their respective owners, and may not be used without their prior written consent.
Member of Emphaticaleigh
If you are a Member of Emphaticaleigh, you are responsible for maintaining the security, privacy, and confidentiality of your account, website, network, computer, software, data, and information. You are responsible for all activities that occur under your account or password, on your website, network, computer, and software, and with your data and information. Emphaticaleigh, LLC reserves the right to refuse service, terminate accounts, remove or edit content at our sole discretion.
Emphaticaleigh Member’s Websites
Emphaticaleigh is a provider of website services to its Members who are independent from Emphaticaleigh. Members set their own terms of sale and terms of use, which may or may not be posted on their individual websites. The website services provided to Emphaticaleigh Members by Emphaticaleigh include, but are not limited to, website hosting, templated websites, shopping carts that may be integrated into these websites, and the printing, matting and framing of artwork.
Any questions you may have about searches, directories and other features provided for your convenience on Emphaticaleigh.com must be directed to [email protected]. Any questions you may have about searches, directories and other features provided for your convenience on Members’ Sites must be directed to that Member’s contact person.
In the event of a dispute between an Emphaticaleigh Member and a buyer, Emphaticaleigh may be asked by both the Emphaticaleigh Member and the buyer to mediate the dispute, however, Emphaticaleigh, LLC is not obligated to mediate the dispute and has the sole discretion to determine whether to mediate.
Links
Emphaticaleigh. LLC provides hyperlinks to Emphaticaleigh Members’ Sites and to other third party content that Emphaticaleigh, LLC does not control or endorse. The links and access to these websites and pages are for your convenience only. Access these websites and pages at your own risk. Emphaticaleigh, LLC is not responsible for any content, material, associated links, resources, or services associated with Emphaticaleigh Members’ Sites or third party where the content is provided by parties other than Emphaticaleigh. Emphaticaleigh, LLC will not be liable for any loss or damage of any sort associated with your use of any websites where the content is not provided by Emphaticaleigh, including those websites or pages that may have “Emphaticaleigh” in their URL’s but are in fact controlled by independent Emphaticaleigh Members.
Disclaimer of Warranties and Limitation of Liability
EMPHATICALEIGH, LLC MAKES NO REPRESENTATIONS, INCLUDING THAT THE WEBSITE, ANY CONTENT OR MATERIALS, SERVICE, OR FEATURE, IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS,OR THAT MATERIAL YOU DOWNLOAD WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EMPHATICALEIGH, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EMPHATICALEIGH, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, AND EMPHATICALEIGH, LLC SERVICES. THE WEBSITE AND ITS MATERIALS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND/OR EMPHATICALEIGH, LLC SERVICES. YOUR SOLE REMEDY AGAINST EMPHATICALEIGH, LLC FOR DISSATISFACTION WITH THE WEBSITE OR ANY OF ITS CONTENT AND MATERIALS IS TO IMMEDIATELY STOP USING THE WEBSITE OR ANY SUCH CONTENT AND/OR MATERIALS. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.
Except where prohibited by law, in no event will Emphaticaleigh, LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Emphaticaleigh, LLC has been advised of the possibility of such damages. If, notwithstanding the other provisions of this Terms of Use, Emphaticaleigh, LLC is found to be liable to you for any damage or loss which arises out of or in anyway connected with your use of the Website or any Materials, Emphaticaleigh’s liability shall in no event exceed $50. Some jurisdictions do not allow limitations of liability so the foregoing limitation may not apply to you.
Indemnification
You agree to indemnify and hold harmless Emphaticaleigh, LLC, its officers, directors, assigns, licensors, or other respective owners or agents, from any demands, loss, liability, claims, or expenses (including attorney’s fees), by any third party arising out of or in any way connected with any breach or violation by you of this Terms of Use, any use by you of the Website, or any disputes or damages arising out of your use of this Website.
Applicable Law
This Agreement will be governed and construed in the courts with the laws of the State of New York, and to the extent applicable, of the United States of America, without giving effect to its conflict of laws provisions. You hereby submit, through use of the Website to the exclusive jurisdiction of the courts of the State of New York and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this Website, You waive any objections to the forum of New York for lack of venue, forum non conveniens, or any other jurisdictional ground.