Welcome to ember. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. Please read these Terms carefully before using our services.
By accessing or using ember's services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
1. Definitions
"ember", "we", "us", or "our" refers to ember Ventures, a venture studio that builds, launches, and invests in technology companies.
"Services" refers to our website, applications, platforms, and other products and services offered by ember.
"User", "you", or "your" refers to any individual or entity that accesses or uses our Services.
2. Account Registration
Certain features of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
3. Job Applications and Hiring
If you apply for a job through our Services, you authorize us to collect, use, and store your application information for employment consideration purposes. We may retain this information for legal or operational purposes even if you are not hired.
We are an equal opportunity employer and make hiring decisions based on merit, qualifications, and abilities. We do not discriminate in employment opportunities or practices on the basis of race, color, religion, gender, national origin, age, disability, or any other characteristic protected by applicable laws.
4. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ember, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate ember, an ember employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ember or users of the Services or expose them to liability.
6. User Contributions
Any content, information, or material that you submit, post, display, transmit, or exchange with ember through the Services ("User Contributions") will be considered non-confidential and non-proprietary.
You represent and warrant that your User Contributions comply with applicable laws and regulations and do not infringe the rights of any third party.
7. Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason.
- Take any action with respect to any User Contribution that we deem necessary, including if we believe that such material violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Services or the public, or could create liability for ember.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMBER NOR ANY PERSON ASSOCIATED WITH EMBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability
IN NO EVENT WILL EMBER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Indemnification
You agree to defend, indemnify, and hold harmless ember, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Changes to the Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
13. Waiver and Severability
No waiver by ember of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ember to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Entire Agreement
These Terms, our Privacy Policy, and any other agreements referenced herein constitute the sole and entire agreement between you and ember regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@emberstudio.com
Address: 123 Tech Lane, San Francisco, CA 94107