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Enfavr - Terms of Use

Enfavr - Terms of Use

Effective Date: December 19, 2014
Welcome to Enfavr. By accessing the Service, you agree to be bound by these Terms of Use, which constitute your agreement with Silk Magnolia Software, Inc. (the provider of the Service.) If you do not agree with these Terms of Use, you may not use the Service.

The Enfavr website and the services offered through or in connection with the website (including but not limited to related services which we make available through third-party websites and applications such as social media sites) are collectively referred to herein as the “Service.” References to “we,” “us,” and “our” refer to Silk Magnolia Software, Inc.

Subject to and in accordance with these Terms of Use and other guidelines or instructions included in the Service, we grant you a limited, non-exclusive license to access and use the Service solely for your own personal use. We reserve the right to terminate this license and your access to the Service, and to remove or discard content you have submitted to the Service, at any time, for any or no reason and with or without notice.

We may make changes to these Terms of Use or our Privacy Policy at any time. Your continued use of the Service following posting of any changes on the Service constitutes your acceptance of those changes.

Access and Use

Age Requirement; Responsibility. You represent that you are old enough to form a legally binding contract. You may not access or use the Service unless you are at least 13 years old. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer or other device. You are responsible for your use of the Service and for all activities that occur under your username/account.

Registration. You are required to maintain all information provided during your registration/sign-up process so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that any information provided by you is truthful and accurate to the best of your knowledge. We reserve the right to revoke your particular username, or to require you to choose another username or password.

Conduct. You may use the Service only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Service by others. You may not artificially generate traffic or page links to any portion of the Service. You agree not to authorize, aid, or encourage anyone to act in violation of these Terms of Use. In addition, you agree not to use the Service to:

  1. harvest or otherwise collect or disseminate personal information about others without their consent, or harass or “stalk” another;
  2. impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages;
  3. gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  4. solicit business for any company or service that is our competitor;
  5. solicit other business not related to the purpose of the Service; or
  6. upload, transmit or otherwise make available material that:

  1. is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
  2. infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, trade secret or copyright;
  3. constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
  4. constitutes “chain letters,” “junk mail,” “spam,” “pyramid schemes” or other duplicative or disruptive messages; or
  5. contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs.


Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.

Privacy

Please see ourPrivacy Policy, which also governs your use of the Service and is incorporated into these Terms of Use.

Proprietary Rights

All content included in the Service and originating with us, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content on the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Use or any guidelines or instructions included in the Service, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service, use of the Service or access to the Service.

“Enfavr”, “Silk Magnolia Software” and all related logos, graphics and icons are our service marks or trademarks. All other trademarks, service marks, product names and company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.

Third-Party Services and Information

The Service provides links to, and otherwise makes certain portions of the Service available through, third-party websites and applications (“Third-Party Sites”). The content, features and business practices of Third-Party Sites are not under our control, and we will not be responsible or liable for any damage or loss caused by or in connection with the use of Third-Party Sites. Our provision of a link to, or services through, any Third-Party Site does not imply any endorsement by us or any affiliation between us and the Third-Party Site.

The Service may provide you with the ability to connect your use of the Service to accounts you maintain with specified Third-Party Sites (for example, social media websites). If you choose to connect to your Third-Party Site account in this way, you grant us permission to access your content on the Third-Party Site and use it to provide the Service in accordance with these Terms of Use and any guidelines or instructions included in the Service, and you grant us permission to post or otherwise submit information to your Third-Party Site account related to your use of the Service. You may generally change these settings and permissions through your Third-Party Service account.

Content Provided By You and Other Users

You are responsible for all content you submit to the Service, whether directly or indirectly through a Third-Party Site. You represent and warrant that you have all rights necessary to submit such content to the Service, and that the display and other use of such content by us, in accordance with these Terms of Use and other guidelines or instructions included in the Service, will not violate the rights of any third party.

You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish, distribute and promote any content you submit to the Service.

In using the Service, you may access content submitted by other users. We do not pre-screen, edit or review content submitted to the Service. You may be exposed to content that is inaccurate, offensive, indecent or objectionable. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content. We reserve the right, in our sole discretion, to remove, move or otherwise restrict any content submitted to the Service, at any time and for any or no reason, with or without notice.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless us and our affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with a claim by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or the rights of another party, or content you submit to the Service.

Procedure for Making Claims of Copyright Infringement

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. identification of the copyrighted work or other intellectual property that you claim has been infringed;
  3. identification of the material that you claim is infringing and its location on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
c/o Silk Magnolia Software, Inc.
1484 Pollard Rd
# 344
Los Gatos
CA 95032
Email : copyright@enfavr.com

General

Notices. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Service.

Entire Agreement. These Terms of Use represent the entire agreement between you and us with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by us in writing (including modifications by us to this page). In the event of any conflict between these Terms of Use and any instructions or guidelines included in the Service, these Terms of Use shall control.

Choice of Law and Forum. These Terms of Use, your use of the Service and the relationship between you and us shall be governed by the law of the State of California, without regard to its conflict of laws principles. Any dispute, claim or controversy arising out of or relating in any way to these Terms of Use, the Service or your use thereof shall be brought only in federal or state court in the County of San Francisco, California, and you and we hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms of Use or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Export Compliance. You represent that you are not named on any United States government denied-party list, and that you are not a resident of a country embargoed by the United States. You agree not to export, reexport, or transfer, directly or indirectly, any products, software or technology acquired from us (including products derived from or based on such technology) in violation of United States export laws or regulations.

Assignment. You may not assign these Terms of Use, or assign, delegate or sublicense any of your rights or obligations under these Terms of Use, without our prior written consent. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Headings. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.