Emused.com (“Site”) is run by Imperium, Inc. (“Company”). By using this Site you agree to be bound by these Terms of Use.

Make sure you read through these Terms carefully.  If you do not agree to abide by these Terms of Use, you can not use any of the services offered on this Site.  Please be aware that these terms are subject to change at any time, and those changes become effective at the time they are published.  Continued use after the change date will constitute acceptance by you of the changes.

Using this Site and it’s services: You can only use this Site and it’s services for personal use.  Commercial use of this website, including any of the contents is strictly forbidden without permission.  You are subject to these Terms of Use, as well as any agreements or terms with any third party services used on the Site.  Local, State, and Federal laws also apply.

Registering: This Site is always available to use without registering, but some of our tools and services require you to register and login in order to fully use them.  Your account can only be used for personal use, and other are not authorized to use the Site under your account.  Registering for the Site is your decision and you are responsible for the security of your password.  You will be solely held responsible for any unauthorized use of your account.

Licensing: This Site gives you the option of sharing your thoughts, information, as well as uploading and sharing files.  By using this Site and it’s services, you grant Company full license to use, republish, remove, copy, distribute, sell, and distribute this content along with your screen name without permission and without payment or compensation.  You acknowledge that nothing you share or contain within your content should require us to seek permission to use.  You also agree to waive moral rights, or the right to any residual payments associated with the content you decide to provide or share with Site.

Acceptable Use For Users: Site and Company expect all of its users to within the law and to be respectful of other users.  If you see a possible violation with the Acceptable Use Policy, or other actions that you fell need to be addressed by Company, please Contact Us.  We do our best to deal with abuse on Site promptly.

Any content that you publish or provide on Site is your solely your responsibility, including any information you give to other users privately.  You will not hold Company liable or responsible for any content that is shared by you, or other users on this Site.

Content that is prohibited and may be seen as abuse are listed below.  This is not supposed to be an exhaustive list, Company has full discretion over any content and may remove or hold the user liable for abusive or unlawful use on Site. Here is a list of guidelines that aren’t allowed by Company on Site.

• Abusive, racist, profane, offensive, or defamatory content;
• Infringing on another users right of privacy;
• Threatening or harassing actions.  This includes promoting bigotry, hatred, or physical harm towards another group or individual;
• Violating another party’s intellectual property rights for which you have no rights to use or post on this Site;
• Promoting illegal activities;
• Promoting violence;
• Posting or sharing any software viruses or any computer code, files, or programs designed to change the functionality of any other computers software, operating system, or hardware.
• Advertising a product or service in any way.  This includes comment spam, junk mail or messages, and any other form of solicitation.

You understand that Company has no obligation to monitor or remove content on Site.  Company will respond to reports of abuse, and will review content on occasion to enforce compliance with our Privacy Policy and Terms of Use.  The review by Company may lead to editing or removing content without notice.

By using this Site, you understand you will be shown content from a variety of sources and users. Company is not responsible for the accuracy, safety, or intellectual property rights relating to such content.  Content may be offensive, objectionable, and inaccurate.  If you object to those terms, you should not use the Site.

Using spiders, robots, or any other data mining and automated software to download or reproduce the content on Site is strictly prohibited.  You aren’t allowed to resell, republish  any content on Site.  Violating these terms may lead to legal actions being taken.

Your privacy: The privacy of our users is very important to us.  For more information on our rules in regard to privacy, please read our Privacy Policy.

Terminating access to Site: Company reserves the right to terminate or suspend access to any user, or ip address that is found violating our Terms of Use at any time without notice. Any illegal activities associated with this may be referred to the proper authorities.

Linking to external sites: This Site will contain many links to external web sites not maintained by Company.  You agree that once you leave Site, you may be subject to different terms and privacy policies.  We encourage our users to read the terms for any site they visit.  Links on Site are not to be considered an affiliation or endorsement with such third parties.

Proprietary rights: The Company is the exclusive owner of all content, images, designs, copyrights, software, trademarks, and any other intellectual property contained or used on Site.  You agree not to distribute, copy, or publish any content on Site without written consent by Company.

No Warranties. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty dollars ($50).

Indemnity. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the State of Kansas shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN RILEY COUNTY, KANSAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act (“DMCA”) Notice. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to us at contact@emused.com.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Effective Date: These Terms of Use were last updated on June 3, 2011.