Enjoius reserves the right, in its sole discretion, to change, modify, or otherwise amend the terms and conditions of this Agreement and any other documents incorporated by reference herein (“Amended Terms”) at any time. If the Amended Terms affect your rights, duties, and obligations under this Agreement, we will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on the Website, or communicating the amendments through any method of written contact that Enjoius has established with you, and that your use of the Website after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms. Therefore, you should review this Agreement, any other documents incorporated by reference and any Amended Terms before using the Website. The Amended Terms will be effective as of the date specified in the Amended Terms, and will apply to your use of the Website from that point forward. This Agreement will govern any disputes arising before the effective date of the Amended Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
B. No Use by Children Under the Age of 13
You must be at least 13 years of age to use the Website. By using the Website, you hereby affirm that you are 13 years of age or older.
C. Use of the Website
Enjoius hereby grants you a non-exclusive, revocable license to use the products and services made available on, by, or through the Website, which include or may include, without limitation, Enjoius user registration, the Marketplace (as defined below), Website features such as the lookbooks and message boards, and involvement in Enjoius events, as well as any content or information provided on, by, or through the Website, including, but not limited to, data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the prior written consent of Enjoius, no Information or any other Enjoius materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
Enjoius permits you to view and print a reasonable number of copies of web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright and other proprietary notices contained in the original materials, (b) you provide attribution to Enjoius, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any copies are subject to the terms and conditions of this Agreement and remain the property of Enjoius. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Enjoius promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Enjoius or others.
You do not have to register with Enjoius to simply visit and view the Website, but in order to access and use certain features of the Website, you must create a password-protected account (“Account”). Please note that, even if you do not create an Account, you are still subject to all of the terms and conditions of this Agreement.
In order to create an Account, you must be at least 18 years of age and be able to form legally binding contracts under applicable law. If you use the Website or create an Account on behalf of a business, you represent and warrant that you have the authority and full power to bind that business and your acceptance of this Agreement will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
Subject to this Agreement, Users may use the Website for personal use, Users may create a Professional Account in order to use the Website to market or sell products and/or services (collectively, “Products”) to Users, on or through the Website (such Users are “Professionals”). Users that are not Professionals may also create an Account to sell Products through the Seller’s Program (as defined below). By creating an Account with Enjoius, you agree to (a) provide accurate, current and complete information about yourself as prompted (including, but not limited to, your name and email address), and (b) maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your Account and your use of the Website.
E. Professional Accounts
Professionals can be vendors who market goods for sale in the Marketplace through the Website (“Vendors”) or service providers who market services for sale in directory listings through the Website (“Service Providers” or “Pros”). Professionals may elect to register with Enjoius as a Professional and create a Professional Account on Enjoius. No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the Website as a Professional. Professionals are subject to all of the terms and conditions of this Agreement, including the Vendor’s Agreement (for Vendors) and the Service Provider’s Agreement (for Pros), whether or not they create a Professional Account. Both the Vendor’s Agreement and the Service Provider’s Agreement are hereby incorporated into this Agreement by reference. All Professional features are subject to discontinuance or change at any time upon notice as set forth in this Agreement.
F. Seller’s Program
Enjoius offers Users an opportunity to participate in a program allowing Users to sell their Products on the Enjoius Website and receive standard fees in connection with qualifying purchases when our customers or Users purchase their Products on our Website (such program is the “Seller’s Program” and a User participating in the Seller’s Program is a “Seller”). By participating in the Seller’s Program, you agree to be bound by all the terms and conditions of the Enjoius Seller’s Addendum (the “Seller’s Addendum”). Enjoius will provide the Seller’s Addendum to Users upon its approval of a User as a Seller. The Seller’s Addendum is hereby incorporated into this Agreement by reference. Enjoius reserves the right to terminate the Seller’s Program and/or your Account at any time, at its sole and absolute discretion. If Enjoius elects to terminate the Seller’s Program and/or your Account, Enjoius will only be liable for paying amount that you are owed under the Seller’s Addendum. No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the Website as a Seller.
By participating in the Seller’s Program, you agree that you will not, directly or indirectly: (a) disclose or convey any Enjoius Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement); (b) use any Enjoius Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with Enjoius’s privacy policies or applicable Law; or (c) disparage Enjoius, its affiliates, or any of their or our respective products or services. The term “Enjoius Transaction Information” means, collectively, information relating to customer orders, Product purchases or bookings, and any other data or information acquired by you from the Website, Enjoius or its affiliates, or otherwise as a result of the Agreement, the transactions contemplated hereby or the parties’ performance hereunder. All such restrictions on the use of Enjoius Transaction Information shall survive expiration or termination of this Agreement.
Enjoius reserves the right to either suspend or terminate your access to the Website and/or terminate your Account and this Agreement if you post contact information of any User on the Website. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. A User’s contact information may not be posted on the Website. Enjoius reserves the right to display (on the profile) your first and last name or your company’s name if you add your Google+, Facebook, Twitter, Instagram, or any other social media information into your Enjoius account.
H. Third-Party Links
I. Products and Services Offered by Professionals and Others
Enjoius provides Users the opportunity to purchase Products offered and sold by Sellers and by Vendors who sell Products through a marketplace platform offered on the Website (“Marketplace”) and through links to Third-Party Sites. Enjoius also offers Users the opportunity to evaluate or purchase services offered and sold by Service Providers through directory listings of Pros provided on the Website. The information provided for Products offered through the Website is provided by Sellers, Vendors and Service Providers, and, while we require Sellers, Vendors and Service Providers to provide complete, accurate, and non-misleading information on Products offered, we do not represent, warrant, or guarantee that descriptions of Products are accurate, complete, reliable, current, or error-free, and we are not responsible for, and disclaim any liability arising from or relating to, such information. All purchases of Products made by you through the Website directly from Service Providers or through links to Third-Party Sites are a direct sale and purchase between you and the applicable Service Provider or Third-Party Site. For such sales, the Website functions solely as a neutral venue and digital clearinghouse where Users and Service Providers and Users and Third-Party Sites may connect for particular types of Products.
Payments to Vendors for Products purchased through the Marketplace will be remitted to the Vendor, and the Vendor will be solely responsible for fulfilling and shipping your order, providing related customer support and warranty service, processing returns and exchanges, and issuing refunds. Vendor will promptly confirm receipt of returned goods and notify Enjoius to process the refund. The Website will facilitate your communication with the Vendor for the purpose of making return, exchange, refund, or warranty requests or making claims for non-delivery, damaged goods, or items not as described in accordance with any applicable terms or policies in the Product listing. If User purchases Products offered through Third-Party Sites, the transaction, including, but not limited to, returns, exchanges, refunds, warranty requests, or claims for non-delivery, damaged goods, or items not as described, will be handled exclusively by the Third-Party Site.
Sales tax may be applicable on orders of certain Products purchased through the Marketplace that are shipped to addresses in certain countries, states, counties and/or municipalities. These taxes will be automatically calculated and added to your order total during the check-out process. You will receive details about applicable taxes and be provided this information prior to completing your order. Some states require that sales tax be charged on the full amount of orders, including shipping and handling, in which case these charges must be included when sales tax is calculated. To the extent the applicable country, state, county, or municipality charges a sales tax, but does not require Enjoius to collect such tax, you are liable and responsible for and agree to pay all applicable sales tax.
All Professionals and Sellers are independent contractors. Enjoius is not a party to the actual transaction between or among Users who purchase Products from Professionals and/or Professionals who sell or otherwise offer Products through the Website. We have no control over the quality, accuracy, safety, or legality of the Products that are offered for sale, the accuracy of listings, or the ability of Professionals to provide Products, and we are not responsible for the actions or inactions of Users and/or Professionals. The Website facilitates Users’ communication with the Professionals for the purpose of making returns, exchanges, refunds, or warranty requests or making claims for non-delivery, failure to provide services, damaged goods, or items not as described in accordance with any applicable terms or policies in the Product listing. In addition, the Website may alert you to any issues or recalls of products of which the Vendor notifies Enjoius.
J. Products Offered by Enjoius
Users may return Products purchased from and shipped or otherwise provided directly by Enjoius (“Enjoius Products”) within 30 days of the date of purchase. In order to return Enjoius Products, it must be unused and in their original packaging. You must contact Enjoius customer service to process the refund. Once Enjoius receives the retuned Enjoius Product and verifies its condition, Enjoius will issue you a refund of the full purchase price of the Enjoius Product less any shipping costs.
Party Plans (as identified on the Website) are subject to the Happiness Guarantee. If for any reason, you are dissatisfied with a purchase of a Party Plan, you must contact Enjoius customer service with 7 days of your purchase, and if Enjoius is unable otherwise make you happy, Enjoius will issue you a full refund of the purchase price of the Party Plan.
K. Incurred Fees
To the extent fees are not currently being charged, Enjoius reserves the right, in its sole discretion, to charge a fee to Users and/or Professionals for certain Enjoius products and/or services in the future. Changes to the fee policy are effective once Enjoius has posted the changes on the Website.
If applicable, you agree to pay all fees for which you are accountable and that are charged to your Account based on Enjoius’s fees, charges, and billing terms then in effect (“Fees”). All Fees incurred will be billed to your payment method designated at the time you make a purchase or register for a fee-based product or service. If you do not pay on time or if Enjoius cannot charge the billing method on file, for any reason, Enjoius reserves the right, at its sole discretion, to either suspend or terminate your access to the Website and/or terminate your Account. You are expressly agreeing that Enjoius is permitted to bill you for the applicable Fees. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Enjoius may charge unpaid Fees to your payment method on file or otherwise bill you for unpaid Fees.
L. Use of Submitted Content
1. NO CONFIDENTIALITY
As part of your use of the Website, you may participate in features offered by Enjoius such as lookbooks, message boards, activities, communications and/or other public forums. Your participation is voluntary; however, by choosing to create lookbooks, post photos or comments, ask or answer questions, send any messages, submit any ideas or feedback, or otherwise participate in any Enjoius forum, or submit any postings, messages, questions, text, articles, photos, audio/visual works, information, feedback, ratings, Reviews (as defined below), material or information regarding or related to Products that you market or offer for sale on the Website, or content provided by you (collectively, “Submitted Content”), you understand that whether or not such Submitted Content is published, Enjoius does not guarantee any confidentiality with respect to any Submitted Content.
By providing Submitted Content, you agree to permit any Submitted Content to be searchable, viewed, and used by Users, and further agree that you are providing such Submitted Content on a non-proprietary and non-confidential basis. You hereby agree that Enjoius has the right to use or disseminate such Submitted Content on an unrestricted basis on and through the Website.
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing your Submitted Content on, or through the Website. With respect to your Submitted Content, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, right, consents, and permissions to use and authorize Enjoius to use all copyright, patent, trademark, trade secret and/or other proprietary right in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in any manner authorized by this Agreement, and such use of Submitted Content will not infringe on the rights of any third party; and (b) you have the written consent, release, license and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and this Agreement. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you on or through the Website.
If you identify yourself by name or provide a picture, image, graphical representation, or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason.
You further agree that we may use the Submitted Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Submitted Content for any reason, and to refuse to post or remove any Submitted Content submitted by you or others. We cannot and do not guarantee that we will post all Submitted Content or that Submitted Content will not be offensive, defamatory, or objectionable. Although we reserve the right to remove without notice any Submitted Content for any reason, Enjoius has no obligation to monitor or delete any Submitted Content, including that which you may personally find objectionable or offensive. Enjoius does not control in real time the Submitted Content posted via the Website and as such, does not guarantee the accuracy, integrity, or quality of Submitted Content. In addition to other disclaimers found in this Agreement, Enjoius does not endorse or make any warranties or representations with respect to the accuracy, completeness, or timeliness of any Submitted Content posted on the Website.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO ENJOIUS
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Enjoius for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Enjoius a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to link to, use, copy, reproduce, distribute, reformat, translate, prepare derivative works of, display, monetize, and perform the Submitted Content in connection with the Website and Enjoius’s (and its successor’s) business operations, including, without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and media channels, now known or hereafter discovered, and throughout the world. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Submitted Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. ENJOIUS’S DISCLAIMERS AND RIGHT TO REMOVE
Enjoius does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Enjoius hereby expressly disclaims any and all liability in connection with all Submitted Content (including Reviews). Enjoius does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Enjoius will remove any Information or Submitted Content if properly notified, pursuant to the DMCA Process described in Claims of Copyright of Trademark Infringement below, that such information or Submitted Content infringes on another’s intellectual property rights. Enjoius reserves the right, for any or no reason, to remove any information or Submitted Content from the Website without prior notice. Enjoius will terminate a User’s Account and access to the Website, if he, she, or it is determined to be a repeat infringer. A repeat infringer is a User or Professional who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Website more than twice. Enjoius also reserves the right, in its sole and absolute discretion, to decide whether any information or Submitted Content is appropriate and complies with this Agreement for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Enjoius may, at its sole discretion and without notice, remove Submitted Content and/or terminate an Account or access for uploading such material in violation of this Agreement.
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Enjoius is not responsible for the accuracy, usefulness, safety, or infringement of intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Enjoius with respect to such Submitted Content, and agree to indemnify and hold Enjoius, its owners, Users, managers, operators, directors, officers, agents, affiliates, successors, assigns and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Users. You understand and agree that Enjoius may, at any time, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
If you send, transmit, or communicate any comments, questions, suggestions, information, or materials to Enjoius, whether by letter, email, telephone, online contact form, or otherwise (collectively, the “Suggestions”), recommending changes or improvements to the Website, including, without limitation, new designs, features, functionality, products, and/or services, all the Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign to Enjoius all right, title, and interest in and to: (a) the Suggestions, and Enjoius is free to use Suggestions, without any attribution or compensation to you or any third party, and (b) any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable or fixed in a tangible medium, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Enjoius is not obligated to use the Suggestions, and you have no right to compel such use and no right to compensation for such use.
Enjoius may enable you to post ratings or reviews of Professionals and/or their Products on the Website (your “Review” or “Reviews”). Reviews are considered Submitted Content. Reviews are solely the opinions of Users who post them and none of the Reviews contain or reflect any opinions or views of Enjoius.
You may not post any Reviews about a Professional or any of his, her, or its Products if you are (a) an employee, contractor, employer, officer or director of the Professional; (b) an employee, contractor, employer, officer, or director of a competitor of the Professional; or (c) related to the Professional in any way, including by blood, adoption, or marriage. By posting a Review, you acknowledge and agree that such content:
You may report inappropriate Reviews via email at firstname.lastname@example.org. In the event of a dispute between or among Users and/or Professionals regarding Reviews, Enjoius reserves the right to make the final decision, including, in its sole and absolute discretion, to remove a review or take any action it deems reasonable or necessary, without incurring any liability.
Nothing in this Agreement shall require Enjoius to actively monitor or remove any Reviews or any other Submitted Content posted by Users.
7. LIMITATIONS AND RESTRICTIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate the distribution of any Submitted Content that:
Subject to the provisions regarding disputes between or among Users and/or Professionals in connection with Reviews, your interactions with individuals, organizations and/or Third-Party Sites found on or through the Website, including payment of and delivery or performance of any Product (including services), and any other terms, conditions, warranties, or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including, without limitation, Professionals and Users.
You understand that deciding whether to use the Products of a Professional or use information, including information contained in any Submitted Content, is your personal decision for which you alone are responsible. You understand that Enjoius does not and cannot make representations as to the suitability of any individual or entity with which you may decide to interact on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual or entity.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT ENJOIUS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN OR AMONG ANY USERS, ANY PROFESSIONALS AND/OR ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT ENJOIUS SHALL NOT BECOME INVOLVED IN SUCH DISPUTE. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS, PROFESSIONALS, OR ANY THIRD PARTY, YOU HEREBY RELEASE ENJOIUS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, ASSIGNS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
N. Acceptable Use Policy
You agree not to use the Information, Products or the Website to take any action or actions that:
Improper use of the Information and the Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
O. Enjoius Intellectual Property
The Website is owned and operated by Enjoius and its licensors and the Information (and any intellectual property and other rights relating thereto) are and will remain the property of Enjoius and its licensors and suppliers. The Information is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Website or Information without Enjoius’s prior written permission. The Information and the Website may be used solely (a) to the extent permitted in this Agreement, or (b) as expressly authorized in writing by Enjoius or, if so indicated in writing by Enjoius, its licensors or suppliers. Use of the Website or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of Enjoius, Enjoius’s licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license, right to use or any other rights in any Trademark(s) without the express written permission of Enjoius, Enjoius licensors or suppliers, or the third party owner of any such Trademark. You agree that such Trademarks are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. You must abide by all copyright notices, information and restrictions contained in any Trademarks accessed through the Website.
During the course of your use of the Website, your Account, and your designation as a Pro, Vendor or Seller, or in discussions or communications you may have with Enjoius, you may receive information or communications from an Enjoius representative relating to Enjoius that is not known in the trade or industry or is not publicly available, including, without limitation, all information relating to its past, present or future business operations, practices, strategies, ideas, research, development, client information and/or information relating to its business methodologies, shareholders, equity distributions, plans, plans product, systems, programs or forecast, any software (including source codes), computer program, copyrightable work, techniques, designs, drawings, models, patterns, processes, assumptions, methods, concepts, ideas, presentations, technical specifications, formula, development or experimental work, work in process, business, roadmaps, trade secret, know-how, compilations of information, innovations, inventions (whether patentable or not), discoveries, improvements, research or test results, manuals, data, formats, marketing plans, business plans, strategies, forecasts, unpublished financial information, budgets, projections, or any other secret or confidential matter or intellectual property relating to the products, services, customer orders and bookings, customers, and other proprietary information such as the names, telephone numbers, email addresses, and other contact information of shareholders, board members, clients, vendors, suppliers, borrowers, investors, lenders, agents, brokers, lending corporations, banks, manufacturers, individuals and/or trusts, or buyers and sellers, customers, employees (including identifying information, salaries, benefits, responsibilities, and relative abilities), suppliers, sales, customer lists, demand volumes and locations, pricing or cost information, distribution channels, or business affairs of Enjoius, including any information learned by you during communication from or with Enjoius or during the use of the Website, as well as all information that has or could have commercial value or other utility in the business in which Enjoius is engaged or in which it contemplates engaging and which the unauthorized disclosure could be detrimental to the interests of Enjoius, (collectively, the “Confidential Information”). You agree that: (a) Enjoius will retain all right, tile and interest in and to its Confidential Information and materials embodying the same created or provided by Enjoius; (b) you will use Confidential Information only as is reasonably necessary for your participation in or use of the Website and the provision of the Services; (c) you will not otherwise disclose Confidential Information to any individual, company or other third party, and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. All such confidentiality obligations shall survive termination any termination of this Agreement.
Q. Users that Dissolve due to Breakups or Other Extenuating Circumstances
If a User, including those Users that are Professionals and/or Sellers, consists of more than one person, or groups of persons, and such persons dissociate from the User, then Enjoius reserves the right to determine which person, if any, may maintain such User’s Account. Generally, in the event a User consists of two persons or more, each person will have to re-register for a brand new User Account. In the event of a dissociation of more than two persons, a vote of the majority of the persons generally will decide who maintains the User Account.
R. Term and Termination
This Agreement is effective from the date that you first access or use the Website or submit any information to Enjoius, whichever is earlier, and will remain effective until terminated in accordance with its terms. Enjoius may immediately terminate this Agreement, your access to and use of the Website, or any portion thereof, and/or your Account, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website will immediately cease, and you must delete your Account and destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Enjoius rights of ownership will survive any termination. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement will be construed to obligate Enjoius to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
You hereby acknowledge and agree that Enjoius, in its sole and absolute discretion, has the right to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website. You may also cancel your use of the Website and/or terminate your Account by accessing your Account through the Website and following the process therein.
Upon termination of your Account, your right to use or participate in the Website, including, but not limited to, your right to purchase Products and your right to market or provide Products shall automatically terminate. Notwithstanding the foregoing, residual data may remain in the Enjoius systems and servers.
If you provided a valid email address during registration, Enjoius may attempt to notify you by email of any such termination or cancellation, which shall be effective immediately.
S. Claims of Copyright or Trademark Infringement
We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process. Our designated agent for notice of alleged copyright infringement on the Website is:
c/o Encore Law Group PC
Fax: (310) 400-5662
T. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ENJOIUS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, INFORMATION, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, DATA, INFORMATION, AND SUBMITTED CONTENT OF USERS, SELLERS, PROFESSIONALS, OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING PROGRAMS FOR PROFESSIONALS AND SELLERS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ENJOIUS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS), ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ENJOIUS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS) THROUGH THE WEBSITE OR ANY THIRD-PARTY SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. ENJOIUS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING USERS, SELLERS, PROFESSIONALS OR OTHER THIRD PARTIES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
U. Limitation of Liability
IN NO EVENT SHALL ENJOIUS, OR ITS RESPECTIVE OFFICERS, MANAGERS, USERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, DAMAGE TO GOODWILL, LOSS OF REVENUE, LOST SAVINGS OR LOSS OF DATA OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS) VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, TRADEMARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS); (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS); OR (IX) ANY USE OF ANY DATA, TRADEMARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ENJOIUS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ENJOIUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN OR AMONG USERS, SELLERS AND/OR PROFESSIONALS OR OTHER THIRD PARTIES ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
2. FORCE MAJEURE
Neither Enjoius nor you shall be liable to the other for any delay or failure in performance under this Agreement, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ENJOIUS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE (OR USE OF THE WEBSITE), INFORMATION, PRODUCTS AND/OR ANY THIRD-PARTY SITE, SERVICE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, PRODUCTS, OR ANY THIRD-PARTY SITE, SERVICE OR APPLICATION IS TO STOP USING THE WEBSITE, PRODUCTS OR THIRD-PARTY SITE, SERVICE OR APPLICATION, AS APPLICABLE. NEITHER ENJOIUS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES (INCLUDING USERS AND PROFESSIONALS) OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY (INCLUDING USERS, SELLERS AND PROFESSIONALS) WHO ADVERTISES OR OFFERS PRODUCTS THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
3. LIMITATION OF REMEDIES
IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.
V. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, SELLERS OR PROFESSIONALS, YOU FOREVER RELEASE ENJOIUS, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, INFORMATION, AND CONTENT, OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE MARKETED OR PROVIDED ON OR THROUGH THE WEBSITE.
If you are a California resident, you waive California Civil Code Section 1542, which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
W. Jurisdictional Issues
Enjoius makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas or that the Information or the Website are appropriate or available for use in all locations. Accessing the Website from territories where the Website, or any portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so upon your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
X. Notice for California Users
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Y. Dispute Resolution/Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration will be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles, California. For the sake of clarity, nothing in this paragraph will affect Enjoius’s ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages or any other damages expressly limited by this Agreement.
Z. Exclusions and Limitations
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 DO NOT APPLY TO YOU ONLY TO THE EXTENT SUCH EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY IS NOT ALLOWED IN THAT JURISDICTION.
You agree that Enjoius may provide you with notices, including those regarding changes to this Agreement, by email, regular or expedited mail, text communication, Website postings or other means of communication.
AB. General Information
1. SECTION HEADINGS
The section heading contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
2. ENTIRE AGREEMENT
This Website is Operated By
Effective September 25, 2016
Last modified as of February 27, 2017
Legal Contact Information
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