TERMS OF USE

Last modified: August 8, 2024

By using this website, emmastorch.org (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Emma’s Torch Ltd. (“Emma’s Torch”).  These Terms of Use set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use or are barred by law from using the Website or accepting the Terms of Use, you may not use this Website.

Modifications

Emma’s Torch may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting such modifications on the Website.  Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use.  The Terms of Use will include the date Emma’s Torch last updated the Terms of Use.

Use Of The Website  

Use of this Website is limited to users that are at least 18 years of age or older.  By using the Website, you represent, warrant and covenant that you are of legal age to form a binding contract with Emma’s Torch or have parental or legal guardian consent to do so and are fully able and competent to enter into and comply with these Terms of Use.  

You agree and acknowledge that the Website and the content, including, but not limited to, graphics, text, video, and the like, including any third party content, and other information provided on the Website (the “Website Content”), is the sole and exclusive intellectual property of Emma’s Torch or is licensed by Emma’s Torch for use on the Website.  The Website Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of Emma’s Torch or its licensors. Emma’s Torch hereby grants you a license to view the Website and the Website Content solely in accordance with the terms and conditions of these Terms of Use. Emma’s Torch reserves the right to temporarily disable or permanently discontinue any and all functionality or your use of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you.  If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.

Trademarks

The name Emma’s Torch and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.  You must not use any of such marks without the prior written permission of the Company or the respective owner of such marks.

Online Donations

All donations through the Website are donations are processed by our payment partners, currently we use Givebutter ("Payment Partners"). Any donation handled by a Payment Partner is subject to that Payment Partner's terms of use which are hereby incorporated into these Terms of Use.

Privacy

The Privacy Policy contains additional information about how your information will and will not be used.

Disclaimer of Warranties and Limitation of Liability

(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EMMA’S TORCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  EMMA’S TORCH MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EMMA’S TORCH, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS, ADVISORS, REPRESENTATIVES, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED, TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT EMMA’S TORCH IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT THAT MAY BE AVAILABLE FROM TIME TO TIME FROM EMMA’S TORCH OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, EMMA’S TORCH IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY IS CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS IN THE AGGREGATE FOR ALL CLAIMS AGAINST EMMA’S TORCH AND EMMA’S TORCH INDEMNITIES.

(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Emma’s Torch. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify and hold harmless Emma’s Torch, its affiliates, partners, advisors, employees, members, managers, officers, donors, directors, agents, representatives, licensors, licensees or content providers from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website.  

Third Party Links

The Website may contain social media features or hyperlinks to third party websites (collectively “Links”).  Links may be made available to assist you, the user. We may disable all or any Links. Emma’s Torch does not control the content available at such Links.  EMMA’S TORCH MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH SOCIAL MEDIA FEATURES OR THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.  Inclusion of such Links does not imply any endorsement by Emma’s Torch, including, but not limited to, opinions, statements, information, individuals or entities referred to on such Links or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators.  Linked sites or other websites may also have a hyperlink to this Website; Emma’s Torch is not, and you agree that Emma’s Torch is not, responsible for the content of any such website or the actions of any operator of any such website.

Geographic Restrictions

Emma’s Torch is based in the state of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Legal Notices and Contact Information

If you intend to carry out legal action of any kind against the Website or Emma’s Torch, you are required to contact Emma’s Torch seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and Emma’s Torch intends no harm to you or anyone else by operating this Website.

Miscellaneous Terms

(a) Governing Law.  By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Emma’s Torch or its affiliates.  In addition, you agree to submit to the exclusive jurisdiction of the courts of the State of New York in New York City in the borough of Manhattan for any action pursued concerning these Terms of Use or your use of the Website.

(b) Construction.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  

(c) No Waiver.  The failure by either you or Emma’s Torch to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.  

(d) Survival and Severability.  Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining the least change in scope.

(e) Headings.  The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.

Contacting Emma’s Torch

You may contact Emma’s Torch if you have any questions about the Terms of Use, the practices of this Website, or your dealings with the Website, by sending an email to info@emmastorch.org.