Terms & Conditions
Welcome to MY E-MOTIONS a subsidiary owned by 8 SENSES, LLC. To use the services offered at MY E-MOTIONS or by any of its affiliates, you must agree to the following conditions. If you visit or shop at MY E-MOTIONS, you accept these conditions. Please read them carefully. In addition, when you use any current or future MY E-MOTIONS service or visit or purchase from any business affiliated with MY E-MOTIONS, whether or not included in the MY E-MOTIONS Web Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
2. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit MY E-MOTIONS or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A. Copyright Protection. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MY E-MOTIONS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MY E-MOTIONS and protected by U.S. and international copyright laws. All software used on this site is the property of MY E-MOTIONS or its software suppliers and protected by United States and international copyright laws.
4. LICENSE AND SITE ACCESS
A. General. MY E-MOTIONS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MY E-MOTIONS.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MY E-MOTIONS.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MY E-MOTIONS and our affiliates without express written consent.
E. "Metatags." You may not use any metatags or any other "hidden text" utilizing MY E-MOTIONS name or trademarks without the express written consent of MY E-MOTIONS. Any unauthorized use terminates the permission or license granted by MY E-MOTIONS.
F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyper-link to the home page of MY E-MOTIONS as long as the link does not portray MY E-MOTIONS.CLUB, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MY E-MOTIONS logo or other proprietary graphic or trademark as part of the link without express written permission.
5. YOUR ACCOUNT
6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content. Visitors to MY E-MOTIONS may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
B. False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MY E-MOTIONS reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
C. Rights Granted. If you do post content or submit material, and unless we indicate otherwise, you grant MY E-MOTIONS and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MY E-MOTIONS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
D. Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 8 SENSES, LLC, MY E-MOTIONS or its affiliates for all claims resulting from content you supply. MY E-MOTIONS has the right but not the obligation to monitor and edit or remove any activity or content. 8 SENSES, LLC and MY E-MOTIONS takes no responsibility and assumes no liability for any content posted by you or any third party.
7. COPYRIGHT COMPLAINTS
A. General. MY E-MOTIONS and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the site for instructions on how to make a claim of Copyright Infringement.
8. RISK OF LOSS & LIABILITY
A. General. All items purchased from MY E-MOTIONS are made pursuant to this shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to
the end carrier. Additionally, if 8 SENSES, LLC or any of its affiliates provide you with a free gift you agree to adhere to this agreement and to release 8 SENSES, LLC and its officers, employees, and affiliates from any liability resulting from any product defects or negligence.
9. PRODUCT DESCRIPTIONS
A. General. MY E-MOTIONS and its affiliates attempt to be as accurate as possible. However, MY E-MOTIONS makes no warranties that the product descriptions and any other content of this site are accurate, complete, reliable, current, or error free. If a product offered by MY E-MOTIONS.CLUB itself is not as described, your sole remedy is to return it in unused condition.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MY E-MOTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY E-MOTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MY E-MOTIONS.CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY E-MOTIONS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MY E-MOTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY E-MOTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11. APPLICABLE LAW
A. Governing Law. By visiting MY E-MOTIONS you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MY E-MOTIONS or its affiliates.
A. Arbitration and Venue. Any dispute relating in any way to your visit to MY E-MOTIONS or to products you purchase through MY E-MOTIONS shall be submitted to confidential arbitration in AUSTIN, TEXAS, except that, to the extent you have in any manner violated or threatened to violate 8 SENSES, LLC’s intellectual property rights, 8 SENSES, LLC may seek injunctive or other appropriate relief in any state or federal court in the State of TEXAS, and you consent to exclusive jurisdiction and venue in such courts.
B. Finality of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. SITE POLICIES, MODIFICATION, AND SEVERABILITY
A. Other Policies. Please review our other policies, such as our pricing and return policy, posted on our site. These policies also govern your visit to MY E-MOTIONS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8 SENSES, LLC
Austin, TX, 78739
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