1. Introduction

    This Terms of Use Agreement (the “Agreement” and the “Terms”) is made by and between EMM GROUP, INC., a Nevada corporation (EMM GROUP”, the “Company”, “Us”, “We” and “Our”), and you (“You,” “Your” or “User”). This Agreement contains the terms and conditions that govern your access to, and use of the EMM GROUP website located at http://www.emmgroup.net and any tools hosted on the EMM GROUP website, its content, the software and the associated materials made available through this website (collectively, the “EMM GROUP Website”). The EMM GROUP Website is an interactive website that provides a collection of online resources (collectively, the “Services”). In addition, some of the Services may allow you to access, submit and display postings, messages, text, files, images, photos, video, sounds or other materials (collectively, “Content”).

  2. Agreement

    By using the EMM GROUP Website or Services in any way or simply by accessing the EMM GROUP Website or Services signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the EMM GROUP Website.

    From time to time, EMM GROUP may define and post on the EMM GROUP Website additional Service-specific terms, rules, codes of conduct or guidelines (“Guidelines”) that govern such specified Service. Additionally, you may be required to execute, or have previously executed, a Customer Service Agreement or open an account with EMM GROUP before you will be allowed to access certain Services or areas or tools hosted on or through the EMM GROUP Website. In the event of a discrepancy between these Terms and the Guidelines or any Customer Service Agreement made between You and EMM GROUP, including the Privacy Policy located at http://www.emmgroup.net/privacy these Terms shall control. In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party website or Content. It is solely Your responsibility to ensure that Your use of any and all third-party website or Content is in compliance with any and all third-party requirements.

    IMPORTANT! THESE TERMS AND ANY RELEVANT GUIDELINES GOVERN YOUR USE OF THIS EMM GROUP WEBSITE AND SERVICES, WHICH ARE PROVIDED BY EMM GROUP. THESE TERMS AND ANY RELEVANT GUIDELINES ARE SUBJECT TO CHANGE BY EMM GROUP AT ANY TIME IN ITS DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT GUIDELINES EACH TIME YOU VISIT THE SERVICE WEBSITE. YOUR USE OF THIS EMM GROUP WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.

    If you do not wish to be bound by this Agreement and its Terms, do not use the EMM GROUP Website or Services. If you have already established an Account under Section 4 and You do not wish to continue to be bound by this Agreement, you should terminate Your Account in accordance with Section 16 of this Agreement.

  3. Access to the EMM GROUP Website, Services and Your Responsibilities

    • To access the EMM GROUP Website or some of the Services it has to offer, you may be asked to (i) provide certain registration details or other information; and (ii) to establish a EMM GROUP Website account specific to You (“Your Account”). [Note: This assumes registration is free and no fee is required]
    • To create Your Account, Log-In and/or to participate in any Services, You must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, You agree that:
      1. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;
      2. You acknowledge that in establishing Your Account You have provided us with certain personal information about You. While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information;
      3. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the EMM GROUP Website to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third party access to Your Account;
      4. You have verified and determined that Your use of the EMM GROUP Website Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
      5. You fully understand the methods, rules and procedures of the Services, and Your use of the EMM GROUP Website and Services will always comply fully with this Agreement, the Privacy Policy and any applicable Rules or Guidelines;
      6. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of EMM GROUP;
      7. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
      8. You shall not infringe or encroach upon EMM GROUP’s or any third party’s personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
      9. You are physically located in a U.S. State, or a jurisdiction located outside the United States, in which participation in EMM GROUP Website or Services is not prohibited by the law of that State or jurisdiction;
      10. You will not use the Service Website or Services for fraudulent or otherwise illegal purposes; should you learn that any User is using the Service Website or Services for fraudulent or otherwise illegal purposes, you will immediately notify Us in writing;
      11. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the EMM GROUP Website and/or Services is illegal or restricted; and
      12. You will not mask your identify in any way, including without limitation, IP masking by accessing the Service Website or Services over any type of Proxy Server, through IP masking software or the like.

  4. Your Account

    You must choose a Log-In and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.
    To access all or some of the Services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public.

  5. Verification of Your Account Information

    EMM GROUP reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, as collected under Section 4 or otherwise, to ensure that Your participation in the EMM GROUP Website and Services do not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as EMM GROUP, in its discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or EMM GROUP cannot verify the information applicable to Your Account submitted pursuant to Section 4, Your Account will be terminated pursuant to Section 16.

  6. Restrictions on Use

    You may use this EMM GROUP Website only for purposes expressly permitted by this EMM GROUP Website. You may not use this EMM GROUP Website for any other purpose, including any other commercial purpose, without EMM GROUP’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this EMM GROUP Website, or (ii) frame this EMM GROUP Website, or (iii) hyper-link to this EMM GROUP Website, without the express prior written permission of an authorized representative of EMM GROUP. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this EMM GROUP Website or content accessible within this EMM GROUP Website. You agree to cooperate with EMM GROUP in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

  7. Proprietary Information

    The material and content accessible from this EMM GROUP Website, and any other World Wide Web site owned, operated, licensed, or controlled by EMM GROUP is the proprietary information of EMM GROUP or the party that provided the Content to EMM GROUP, and EMM GROUP or the party that provided the Content to EMM GROUP retains all right, title, and interest in this Content. Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of EMM GROUP. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of this Content except as expressly provided in these Terms of Use violates EMM GROUP’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this EMM GROUP Website.

    Trademarks, service marks, and logos appearing in this EMM GROUP Website are the property of EMM GROUP or the party that provided the trademarks, service marks, and logos to EMM GROUP. EMM GROUP and any party that provided trademarks, service marks, and logos to EMM GROUP retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this EMM GROUP Website.

    You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the EMM GROUP Website unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.

  8. Third Party Content

    You understand that Content posted on, transmitted through, or linked on the EMM GROUP Website or using the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for the Content that you post, email or otherwise make available via the Service. You understand that EMM GROUP does not control, and is not responsible for Content made available through the EMM GROUP Website, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the EMM GROUP Website and Content available through the EMM GROUP Website or Services may contain links to other web sites, which are independent of EMM GROUP. EMM GROUP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk.

    You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will EMM GROUP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that EMM GROUP does not pre-screen or approve Content, but that EMM GROUP shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

    Although EMM GROUP does not claim ownership of the Content that You post, by posting Content to the EMM GROUP Website, you automatically grant, and you represent and warrant that you have the right to grant, to EMM GROUP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that Content and to prepare derivative works of, or incorporate into other works, that Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to the EMM GROUP Website, you automatically grant EMM GROUP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

  9. Hyper-Links, Third Party Content, Sites and Services

    The EMM GROUP Website and Content available through the Services may be hyper-linked to other sites and/or contain features and functionalities which are not maintained by, or related to, EMM GROUP. Such links, Content and Services (including, web sites, directories, servers, systems, networks, databases, information, programs, software products or services) are provided as a service to users and are not sponsored by or affiliated with this site or EMM GROUP. Your interactions, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities or individuals.

    EMM GROUP has not reviewed any or all of such sites, content or services and is not responsible therefore and such sites, content and services are to be accessed at the user’s own risk. EMM GROUP makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by EMM GROUP of that site.