Enthuzd Terms of Service.
Last Updated: March 17, 2016
1. Terms and Conditions
3. Changes to These Terms
We reserve the right, in our sole discretion, to modify these Terms of Service, at any time, by providing you notice or by posting the new Terms of Service to our website. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make.
4. Services Offered
Enthuzd offers various tools and functions including a marketplace hub solution service available through the Site. The Services are designed to provide a venue where artists (“Artists”) may promote and sell their artwork (“Artwork”) and enthusiasts (“Enthusiasts” or “Users”) may browse, select and purchase the Artwork and communicate directly with the Artists to specify, commission and/or order certain Artwork. The Services are provided by collecting and storing temporarily certain information and data (“Content” as described in Section 5 below) in a database (“Database”) accessible through the Site.
If you are an Artist, the Services offered include providing functions that allow you to post certain Content on the Site, including your Artwork or Artwork that is appropriately licensed to you, and to represent and warrant certain characteristics and quality of the Artwork including its authenticity and/or originality. When you provide Content to us or for the Site, anyone (including the general public) may have access to your Content.
If you are an Enthusiast (or User), the Services offered include providing functions that allow you to browse, select and purchase Content (including Artwork) posted on the Site. The Services offered also may include enabling Users to communicate directly with Artists to speficy, commission and/or order certain Artwork.
Collectively, the term “you” as used herein refers to Artists, Enthusiasts, and anyone other than Enthuzd who may access the Site and/or use any of the Services.
The Services offered by Enthuzd may change at Enthuzd’s discretion with or without notice to you.
The “Content” generally includes information, data, text, graphics, photographs, drawings, sketches, illustrations, art, images, reproductions, displays and similar expressions related to providing fine art (“Artwork”) appealing to automotive or motoring enthusiasts, owners, drivers or fans interested in displaying Content including Artwork as wall art.
Except for Artwork that we expressly represent we have purchased and own, we do not claim ownership of any Artwork that is transmitted, stored, or processed on or through the Site. We also do not control, verify, or endorse the Content or Artwork that the Artists or others make available on the Service.
By submitting Content (including any Artwork) to us or authorizing others to submit Content to us, you will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations, and any pre-existing agreement you may have pertaining to the Content; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content you may need or want, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Enthuzd will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
You must immediately notify Enthuzd in writing of any unauthorized use of: (a) any Content, (b) any account, or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Enthuzd with such cooperation and assistance related to any such unauthorized use as Enthuzd may reasonably request.
By submitting or authorizing others to submit Content for use with, through or on the Service or Site, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms, and have secured all third party consents, licenses and permissions necessary to enter into and perform under these Terms; (ii) the Content that you submit will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and (iii) the Content that you submit is not and will not violate any law, statute, ordinance or regulation, pre-existing agreement, or these Terms.
By submitting Content to us or authorizing others to submit Content to us, you grant Enthuzd a worldwide, royalty-free, nonexclusive license and rights to use, disclose, reproduce, display, broadcast, encode, translate, transmit, distribute, synchronize and create derivative works from the Content, in whole or in part, posted on or through the Service, alone or in compilation with Content provided by third parties, through any medium to the extent necessary to provide the Service or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Enthuzd believes in good faith requires Enthuzd to disclose information to assist in preventing the death or serious bodily injury of any person.
7. Protect Your Password and Subscription
You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your username and/or password to anyone else and you may not use anyone else's password to access the Service. You are responsible for maintaining the confidentiality of your username and password.
8. Your Conduct and Use of the Service
Your right to access and use the Site and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Site and Service for lawful purposes. Accurate records enable us to provide the Site and Service to you. You represent that you are a legal owner of, and that you are authorized to provide us with, all information necessary to facilitate your use of the Service.
You must not use the Service to harm others or the Service. You agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage, disable, overburden or impair the operation of the Service (or any network connected to the Service) or another person's device(s) or system(s); (iv) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter, (v) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (vi) restrict or inhibit any other user from using and enjoying the Service.
In addition, you promise that you will not and will not encourage or assist any third party to:
a. modify, alter, tamper with, repair or otherwise create derivative works of any software provided through or in connection with the Service;
b. reverse engineer, disassemble or decompile the software used to provide or access the Service, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law or Enthuzd expressly permits you to do so;
d. sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
e. remove, obscure or alter any proprietary rights notice pertaining to the Service;
f. access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
g. use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service, even temporarily, could lead to death, personal injury, physical property damage, or environmental damage;
h. use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
i. interfere with or disrupt servers or networks used by Enthuzd to provide the Service or used by other users' to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
j. access or attempt to access Enthuzd 's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
k. cause, in Enthuzd's sole discretion, inordinate burden on the Service or Enthuzd's system resources or capacity; or
l. share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.
Enthuzd reserves the right, in its sole discretion, to deactivate, change and/or require you to change your account, user ID, password or any other information, data, software, links, or materials you may obtain through the Services for any reason or for no reason. Enthuzd may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.
9. Updates To The Service
Enthuzd reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
10. Pre-Existing Agreements of Users
Use of the Service is limited to persons and organizations who have received authority by or on behalf of the Artist, or the Enthusiast, or through Enthuzd to use the Service. Such persons and organizations may include without limitation agents, personal or executive assistants, employees and/or independent contractors, and others (“Users”) who have received authority to use the Service by reason of a pre-existing agreement to provide services or products to or for an Artist and/or Enthusiast. Neither these Terms nor the Service are intended to supersede or replace any pre-existing agreement applicable to the User’s products, services, actions, obligations or duties owed to anyone else, or other Users. You are solely responsible for your dealings with others, including other Users, and including any performance and payment actions, obligations or duties you have previously agreed to undertake. Should you have any problems resulting from your dealings with others, including other Users, Enthuzd will not be responsible unless the problem was the direct result of a breach of these Terms by Enthuzd.
11. Fees & Payment
Any fees applicable to your use of a Service will be charged to you by Enthuzd. You agree to pay all fees for your use of the Service. The fees may include charges for setting up accounts, setting up Artists or Artwork or other Content, using particular Services or Sites, and accessing or downloading particular information through the Service or Sites. There may be charges for additional transactions and other optional services that you elect to use.
Fees may change at Enthuzd’s sole discretion. We will notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service. If there is a specific length and price for the Service already in effect, that price will remain in force for that length of time. After that length of time ends, your use of the Service will be charged at the then-current price. If your Service is on a period basis (for example, monthly) with no specific length, we'll notify you of any price change at least 30 days in advance. If you don't agree to these changes, you must cancel and stop using the Service via a phone call to EnthuzdStyle (831) 710-5610 or email email@example.com with cancellation confirmation from an Enthuzd representative no later than three (3) business days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period or payment period. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.
You must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. We may automatically renew your Service and charge you for any renewal term. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
You agree to pay fees for all the Services you use through your account.
We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Enthuzd to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Enthuzd's determination, the suspension might be indefinite and/or Enthuzd has elected to terminate your access to the Service, Enthuzd will use commercially reasonable efforts to notify you through the Service and/or by email to the email address associated with your account. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Upon termination by Enthuzd, for reasons other than cause, you may request access to your Content, which we will make available for an additional fee. You must make such request with ten (10) days following termination. Otherwise, any Content you have stored with the Service will not be retrievable, and we will have no obligation to maintain any data stored in your account.
13. DMCA Notice
If you believe that Content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. Pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)), you may submit written notice to our designated agent info@EnthuzdStyle.com and mjp@NavigatingIP.com. Your DMCA Notice should include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to defend, indemnify, and hold Enthuzd, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, suits, demands, losses, damage, liabilities and settlements including without limitation, reasonable legal and accounting fees, relating to or arising out of, in whole or in part, any breach or alleged breach by you of these Terms of Service, or of any of your warranties, representations, or agreements made in these Terms of Service.
15. No Warranty
THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
16. Limitation of Liability
You agree that Enthuzd will not have any liability due to any causes beyond our reasonable control, including service outages, suspension of the Service’s mobile application through any mobile operating system, computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTHUZD, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “ENTHUZD ENTITIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (II) ANY CONTENT OBTAINED FROM THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT WILL THE ENTHUZD ENTITIES’ AGGREGATE LIABILITY EXCEED TEN U.S. DOLLARS (U.S. $10.00).
17. Third Party Sites and Content
This Service may contain links to media or other content from Internet sites that other third parties own or operate. Your use of each of those sites and services is subject to third party terms and conditions. We have no control over third party sites and are not responsible for any changes to or content on them. Our inclusion of any Content in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
18. Trademark Usage and Attribution Guidelines
Enthuzd respects the intellectual property rights of others, and asks users of the Service to do the same. The “Enthuzd” and “Enthuzd Style” name and logos belonging to Enthuzd are trademarks and/or service marks that designate Enthuzd and the Service exclusively (collectively the “Enthuzd Trademarks”). As such, the Enthuzd Trademarks are the exclusive signature, symbols and designators of Enthuzd and the Service. Nothing in the Terms or the Service should be construed as granting, by implication, estoppel, or otherwise any license or right to use any of the Enthuzd Trademarks displayed on the Service, without prior written permission in each instance from Enthuzd or in any manner not specifically authorized by Enthuzd. All goodwill generated from the use of the Enthuzd Trademarks will inure to Enthuzd’s exclusive benefit. Additionally, you acknowledge and agree that any misuse of any of the Enthuzd Trademarks will cause Enthuzd immediate and irreparable harm, entitling Enthuzd to recover immediate injunctive relief, monetary damages, attorneys’ fees and costs against the person or entity misusing any of the Enthuzd Trademarks.
Enthuzd may stamp, imprint, mark and/or encode Content obtained by or through the Service with some or all of the Enthuzd Trademarks and its domain name(s). For example, Enthuzd may mark certain Content accessible and/or downloadable through the Site with markings such as “Artwork made available by Enthuzd through www.EnthuzdStyle.com.” You agree not to remove, cover or redact such attribution without the express written permission of Enthuzd.
19. Assignment and Transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this agreement, in whole or in part, at any time without notice. You may not assign this agreement or transfer any rights to use the Service.
These Terms of Service are governed by Georgia law, excluding Georgia’s choice of law rules. A printed version of these Terms of Service will be admissible in judicial or administrative proceedings. Enthuzd will be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Service due to any actual or suspected violation of these terms by you. These Terms of Service constitute the entire agreement between you and Enthuzd with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, any liability of Enthuzd in connection with provision of the Services will be limited to the greatest extent permitted by law.