1.1 Your access to and use of EWM.com (“the Website”) and all Services referred to in Section 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.
5.1 For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third party Web posting or similar means), including all trademarks, trade names service marks and domain names contained therein.
5.2 With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content, (ii) the Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights or (d) any other proprietary rights of any other person, business, or entity, and (iii) transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
5.3 In using the Services you agree not to:
5.3.1 post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.3.2 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.3.4 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages; or
5.3.5 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
5.4 We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
5.5 You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
9.1 The Services, the Website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Services you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.
9.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
11.2 warranty disclaimers. use of the services is at your own risk. except as expressly provided in these terms of service, the services are provided “as is” and we make no warranty, express or limited, with respect to the services, including any and all warranties of title, merchantability, or fitness for a particular purpose or use, and all such warranties are hereby expressly disclaimed.
11.3 we are not liable for any damages whatsoever to the extent arising directly or indirectly from or in connection with lost or altered messages or transmissions or unauthorized access to or theft, alteration, loss, damage or destruction of your content, data, programs, information, network or systems, except to the extent that any of the foregoing is caused by our gross negligence or willful misconduct.
11.4 notwithstanding any provision of this agreement to the contrary, we shall not be liable to you for any special, incidental, indirect, punitive, or consequential costs, liabilities or damages, whether foreseeable or not, including economic loss or lost business or profits, damages arising from the use or performance of the services, any interruption of service, or any delay, error or loss of data or information arising in any manner out of, or in connection with, this agreement and a party’s performance or nonperformance of its obligations under this agreement, regardless of the form of action, whether in contract or tort (including strict liability), all claims for which are hereby specifically waived. to the extent such disclaimer is permitted by law, we hereby disclaim liability for any of the foregoing costs, liabilities or damages caused by our gross negligence.
11.5 you acknowledge that the services are not guaranteed to be secure or free from tampering, viruses, or other security violations. accordingly, we hereby disclaim any and all liability or responsibility whatsoever for the security of the services, whether or not you have implemented encryption, firewall protection or any other internet security service or device. you agree that the transmission or use of content via the services is at your own risk.
11.6 notwithstanding the foregoing, nothing in these terms and conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence.