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These Terms of Use ("Terms") govern your use of Emplay’s website, software, and other products and services("Services"). As some of our Services may be software that is automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Subject to these terms and our policies, we grant you a limited, personal, Non-exclusive, non-transferable, and revocable license to use our Services. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Emplay, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Emplay’s technology and AI models are trained on content provided by other providers("Content Providers"). Content Offerings are subject to the Disclaimers and Limitation of Liability sections below. Emplay is not liable for content quality, API, and data quality and the impact on user outcomes.
The Services enable you to search, view recommendations, share comments, and provide data to enable transactions ("User Content"). You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Emplay platform by or on behalf of Emplay’s Content Providers or their instruction designers.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE EMPLAY PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE EMPLAY PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES ORANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
TOTHE MAXIMUM EXTENT PERMITTED BY LAW, THE EMPLAY PARTIES SHALL NOT BE LIABLE FORANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANYLOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANYLOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A)YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANYCONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE EMPLAY PARTY,INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. INNO EVENT SHALL EMPLAY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THESERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVEDBY EMPLAY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS,WHICHEVER IS GREATER.YOUACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SETFORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISKBETWEEN YOU AND THE EMPLAY PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIALBASIS TO EMPLAY'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON ANECONOMICALLY FEASIBLE BASIS.YOUAGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Emplay Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys 'fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
The Services are managed by Emplay, which is located in Alameda County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Alameda County, California as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($100,000.00 USD), either you or Emplay may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Emplay. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Emplay's Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.