Updated: February 29, 2016
By downloading and/or installing the Software (as defined herein), you agree to the following terms and conditions.
Thank you for visiting the Emby website (“EMBY”, “We” or “Us”), is the operator of the website located at https://www.emby.media, EMBY’s mobile site, and provider of the software which you are about to download (collectively, the “Software”). The following Terms of Service ("Terms") shall apply exclusively to the relationship between EMBY and users and/or installers of the Software. Please read the following Terms carefully before installing and or using the Software.
Disclaimer of Warranty
(a) THE SOFTWARE AND ANY SERVICES PROVIDED OR AVAILABLE THEREWITH ARE PROVIDED ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NEITHER EMBY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SOFTWARE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THOUGH THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
(c) IN NO EVENT WILL EMBY, OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SOFTWARE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, SERVER FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EMBY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT IS TO STOP USING THE SOFTWARE.
(d) IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED $0. YOU AGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICH THE SOFTWARE IS PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF OUR SITE OR SERVICE.
(e) In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
Please note that the “Software” collects and sends to Us certain usage and other statistical information as it relates to the Software. In specific, the Software sends to Us, the version of the Software you are running, the Operating System and version which it is installed on, as well as the technical environment and setup of the Software. The Software does not collect any information as it relates to a User or a User’s media or library.
Connect or EMBY Connect Feature
The Software offers a feature known as the “Connect” feature or “Emby Connect”. This feature allows You to access or allow access to third parties to your installation of the Software. The Connect feature does not copy, index, or otherwise collect any information as is related to your library, content or media stored on Your installation of the Software. Please be advised however, that the Software, when the Connect feature is implemented does track and/or otherwise collect certain information in order to make the feature available, including but not limited to: (1) the public IP address of the machine that the Software is installed on; (2) a record of any and/or all Website Users who have been granted authorization to access your installation of the Software by you. This information is collected solely for the purpose of utilizing the Connect feature and for no other purpose.
Please note that enabling the Connect feature may provide access to the information made accessible through the Connect feature, and may enable access to Your network, networked computers, and other computers, software, etc. by public parties.
You may become a “Supporter” of the Software and/or Website or subscribe to Emby Premier. We maintain a list of email addresses utilized for payment for “Supporter Keys”. Additionally, Emby Premier subscriptions are governed by the Terms
You agree to and acknowledge to the collection of the data indicated above as it relates to Statistical Usage, the Connect feature, and Supporter Status, subject to the Terms.