TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE emma&me® WEB SITE (the "Site"). BY ACCESSING ANY AREAS OF THIS SITE YOU AGREE TO BE BOUND AND TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU WILL NOT HAVE ANY RIGHT TO USE THIS SITE.

GENERAL
Welcome to the emma&me® Site. emma&me® reserves its right to modify the terms and conditions that apply to your use of this Site. By using this Site following any such change you agree to adhere to and be bound by the terms as modified.

USE OF MATERIALS
The contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our Site) use by the users of our Site. This Site or any portion of this Site may not be reproduced, duplicated, downloaded, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by emma&me®®. You may make personal copies of the content of the Site provided that it is not used for commercial use and you maintain all copyright and other notices contained in such content. No right, title, or interest in any materials or software is transferred to you as a result of your use of the Site.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to emma&me® on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain emma&me®'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to emma&me® of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, emma&me® will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. emma&me® is and shall be under no obligation 1) to maintain any Comments in confidence; 2) to pay user any compensation for any comments; or 3) to respond to any user Comments.
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. We are not responsible for inaccurate information provided to us by visitors to our Site.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that emma&me® may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or purchasing goods, requesting promotional information or product updates, you agree that emma&me® may use your information for marketing and promotional purposes.
You agree that emma&me® may send electronic mail to you for the purpose of advising you of changes or additions to the Site, about any of emma&me®'s products or services, or for such other purpose(s) as emma&me® deems appropriate.

TERMINATION
This agreement is effective unless and until terminated by either you or emma&me®. You may terminate this agreement at any time. emma&me® also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in emma&me®'s sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of this agreement by either you or emma&me®, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such material, whether made under the terms of this agreement or otherwise.

TRADEMARKS
emma&me® is a trademark of emma&me® Inc. or its affiliates. All rights reserved. This and other emma&me® graphics, logos, and service marks and trademarks of emma&me® or its affiliates may not be used in connection with any product or service that is not emma&me®'s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits emma&me®. The "look and feel" of this Site constitutes proprietary trade dress of emma&me®. All other trademarks not owned by emma&me® that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by emma&me® or its affiliates.

COPYRIGHT
All content included on this Site, such as jewelry designs, text, graphics, logos, button icons, images, and software, is the property of emma&me® or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of emma&me® and protected by U.S. and international copyright laws. All software used on this Site is the property of emma&me® or its software suppliers and protected by U.S. and international copyright laws.

MERCHANDISE AVAILABILITY
emma&me® prides itself in providing exclusive, quality merchandise. Some featured items may be available only in limited quantities or only while supplies last. On occasion, in limited instances, that may mean that certain items displayed on the Site may no longer be available. Once an item is out of stock, emma&me® will attempt to remove the item promptly from display on the Site. However, display of an item on the Site is not a guarantee that the item is available. Should you have any questions concerning the availability of a particular item, please contact us at (212) 355-9944 or info@emmaandme.com.
Also, we cannot guarantee that merchandise you saw on a previous visit to our Site will still be present on our Site when you visit again. emma&me® reserves the right to make changes to its Site without prior notice. If you are unable to locate a particular item that caught your attention on a previous visit to our Site, please contact us at (212) 355-9944 or info@emmaandme.com. We will make every effort to fulfill your requests whenever possible.

MERCHANDISE DISPLAY
emma&me® will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. As a result, emma&me® cannot be held responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. For more information regarding our return policy, please contact us at (212) 355-9944 or info@emmaandme.com.

PRICING
Prices displayed on the emma&me® Site are quoted in U. S. currency and are valid and effective only in the United States. Prices are subject to change at any time.

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. emma&me® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT emma&me® SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

INDEMNIFICATION
You agree to defend, indemnify and hold emma&me® harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site.

APPLICABLE LAW
This Site is created and controlled by emma&me® in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principals of conflict of laws.

LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which emma&me® does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. emma&me® makes no representation or warranty regarding any other web sites or the contents or materials on such web sites.

MISCELLANEOUS
If there is a determination that any provision of these terms of use is invalid or unenforceable, that determination will not affect the rest of these terms of use, and these terms of use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of emma&me® to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms of use are for convenience only and have no legal or contractual effect.

MINORS
This Site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.

PRIVACY POLICY
emma&me® respects the privacy of its users in accordance with the terms of emma&me®'s Privacy Policy.

CORPORATE INFORMATION
This web site is operated by emma&me®:
emma&me® Inc.
300 East 59th Street
Suite 502-503
New York, New York 10022