Terms & Conditions
Welcome to the Ema Terms and Conditions of Use and Service Agreement.
This document describes the terms and conditions applicable to your use of the services made available by SocialMama (“The Company”, “we”, or “us”) at the website www.emaapp.co and any other web sites, web pages, mobile applications, and mobile websites, operated by us (“the Site”) as well as any social networking services available from the Site, (“the Services”).
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION —-
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section __ “Agreement to Arbritrate”) no later than 30 days after the date you first use the Site, or by January 17, 2017, whichever is later. Unless you opt out:
You will only be permitted to pursue claims against The Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
You will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.
HEALTH AND MEDICAL CONTENT DISCLAIMER:
EMA DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care providers with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
These Terms are subject to change by us at any time, and we will use the following notification process. We will use our best efforts to notify you about material changes in The Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on the Site, so that you can choose whether to continue to use the Site. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on the Site. You should periodically check www.emaapp.co for updates. Any use of the Site by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supercede all prior versions of the Terms. The right to access and use the Site and the Services is personal to you and is not transferable to any other person or entity. The Terms and Conditions of Use Agreement was revised and posted on the Site on July 2016.
While the Site is defined as above, please note that the Site does not include Third Party entities that may use the Company’s Site to market their services and or recruit employees.
SETTING UP AN ACCOUNT
In order to use the mobile application (“the App”) , you will need to create an account (“Account”) by registering. As we said above, you need to be over 18 years old, and it must be permissible to use the App legally in your country or other applicable jurisdiction where you live. When you create an account you may be asked to provide certain personal information about yourself, to create a username, and a password. You agree to provide accurate, current and complete information about your Account.
When you create your account please:
Use correct personal information (please avoid false usernames)
create accounts for yourself or for people who give you permission
Create a username without the intent to impersonate someone else
Avoid a username subject to rights of another without appropriate authorization
Refrain from offensive, vulgar, obscene or otherwise poorly selected user names
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or violates any of the restrictions stated above, or otherwise violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access, display and use your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
TERMINATING AN ACCOUNT
We hope that you stay with us, but in the event you decide to leave we want to tell you what will happen. If you want to delete your information and your account, please contact us(legal@SocialMama.us) with a request that we delete your account and information. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records and as otherwise required by law.
USING THE APP
We allow you to access, view and share updates and information with your friends and other users through our App. As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use.
You may not:
copy, modify or distribute the App for any purpose
transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party
decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service
make the functionality of the App or the Service available to multiple users through any means
use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (including, but not limited to the Apple App Store and Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and Ema, and not with the App Provider, and that Ema (not the App Provider), is solely responsible for the App. The App Provider has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ema. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Ema will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the App.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You may remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage us, our users or any third party;
publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate
impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals
solicit a user’s password or other account information
harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
CONTENT ON THE SERVICE
The content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
identification of the URL or other specific location on the Service where the material that you claim is infringing is located
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at legal@SocialMama.us
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to fully indemnify and hold us completely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim, cause of action or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
LINKS TO THIRD PARTY SITES
The Service may include links to other third party sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk relating to and arising from your use of or reliance on of any third party sites.
Our App and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of SocialMama and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the terms of these Terms, we have the right to immediately suspend or disable your access to or use of the App and/or Service with no notice to you.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
Our total liability to you from all causes of action and under all theories of liability will be limited to the amount you paid for the app and in no event will it exceed $10 USD. We will not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the app and/or service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This AGREEMENT is entered into in Harris County, Texas, and shall be construed under and in accordance with the laws of the State of Texas, United States of America, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms
WHAT INFORMATION DO WE COLLECT?
We collect certain information you provide to us when using Ema, such as when you create an account and profile; send us an email or post information or other content to Ema. We collect certain personal information, such as your name, picture, email address and phone number, as well as certain non-identifying information, like your gender, birthday and zip code. We will also collect the contact information of your friends, if you choose to connect your contacts and address book information with Ema, and your login credentials to your social network accounts, such as Facebook, Twitter, and Google, if you choose to connect those accounts with your Ema account.
We also automatically collect certain technical information when you use Ema, such as your location/GPS coordinates (if you enable this feature), a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on Ema. You can enable or disable location services when you use Ema at anytime, through your mobile device settings. This information is not intended to be treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.
We may also automatically collect certain information through the use of “cookies”. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage by our users and web traffic routing on our services, and to improve our services. Most internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
HOW DO WE USE THE INFORMATION WE COLLECT?
We use the information collected through Ema for the purposes described below:
to provide our services or information you request, and to process and complete any transactions
to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service
to monitor and analyze usage and trends, and to personalize and improve Ema and your experiences when you use Ema, such as providing content or features that match your profile or interests (including ads), and to increase the functionality and user friendliness of our services
to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our services
to allow you to add your location to your posts
to find and connect with your friends (when instructed by you)
to let your friends know about your updates on Ema
to let your friends know it’s your birthday (if you don’t disable this feature
for any other purpose for which the information was collected.
WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
We will only share the personal information we have collected from you, in the following general ways as described below:
with your friends on Ema with whom you want to share your updates on Ema, and according to the preferences set in your account;
with certain social networking services, if you allow such sharing through our services
with service providers who are working with us in connection with the operation of our site or our services (these service providers have access to your personal information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes)
we may share aggregated information and non-identifiable information with third parties for industry analysis, demographic profiling and other similar purposes
when you give us your consent to do so, including if we notify you that the information you provide will be shared in a particular manner and you provide such information
when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders
in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.
We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
LINKS TO OTHER SITES
WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
ACCESSING AND MODIFYING YOUR INFORMATION
If you have an account, you can access and modify the personal information you provided us that is associated with your account. You may “opt out” of receiving marketing or promotional emails from us by changing your account preferences or by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us, about your account, our services and other pertinent information related to our services. These communications are considered part of the service and your account, which you cannot opt-out from receiving.
You can deactivate your account by selecting the “deactivate” button within the settings page. Deactivating your account lets you remove your profile without permanently deleting it. When you deactivate your account, other users will no longer see your profile or information (but your information is saved, in case you want to reactivate your account at some point in the future).
OUR POLICY TOWARD CHILDREN
Our service is not directed to children under 15 and we do not knowingly collect personal information from children under 15. If we learn that we have collected personal information of a child under 15, we will take steps to delete such information from our files as soon as possible without any additional notice to anyone.
Please contact us at letsconnect@SocialMama.us with any additional questions or comments about these Terms.