Your access to and use of the Website and Services may also be subject to additional terms located on the Website, including, without limitation, terms located on the Website applicable to portions of the Services that may be accessed only following registration with Company (collectively the "Additional Terms"). You agree to comply with all Additional Terms. If there is a conflict or ambiguity between this Agreement and any Additional Terms that apply to a particular Service, then the Additional Terms shall control.
IF YOU DO NOT AGREE TO THIS AGREEMENT, or do not meet the qualifications included in this agreement, engodo IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE or SERVICES and YOU MUST NOT ACCESS OR USE THE WEBSITE or SERVICES. IF YOU ACCESS OR USE THE WEBSITE or SERVICES, YOU ACKNOWLEDGE that you meet the qualifications included in this agreement and AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is entered into as of the earlier of the date You first submit an Order relating to the Services or first access or use the Services or a Website (the “Effective Date”).
Users Conduct Code. engodo enables you to benefit from the eligible, bona fide posts and comments you make about global brands online. However, engodo does not pay you to advertise. We honor only truthful, genuine user comments – the type you would be making with or without your engodo account. When using engodo, you agree to these rules of the rules of conduct:
• You should only post campaigns that you genuinely like or are interested in.
• Your endorsements of campaigns must be personalized and genuine – you may not post “ad copy” or sentiments that others have created for their benefit for you to post.
• Do not coordinate with other social media users to click on engodo campaigns in order to make money. Engodo is about your personal experience, not about group efforts.
• Do not post negative comments about engodo campaigns.
• Do not use multiple social media accounts on a single social media platform in order to generate more engodo points. Your engodo score will only account for you as a single user, and will not honor “shadow” or other types of fake accounts.
• Do not use IP randomizing software or any other device in order to post more than once per day from the same computer, or to generate more clicks on campaigns.
Referrals. While engodo does not incentivize your use of other social channels, we do want you to tell your friends about engodo. When doing so, you agree:
• You must only refer friends you think would interested in joining engodo. Do not send mass invitations to join engodo to all of your friends or contacts.
• You will receive points when your friends join engodo, not for posting to their friends’ walls. Do not fill your friends’ social networking feed spaces with invitations to join engodo.
Points and Payments. engodo reserves the right to change payment scales, the basis for assigning payment amounts to your Konnect Score and the timing for payments for users at anytime. You acknowledge that your account with engodo does not guarantee that you will receive any payments or that you will earn Konnect points.
Terms and Conditions
1. Changes. Company may change this Agreement from time to time in Company's sole discretion. Accordingly, Company encourages You to review the terms of this Agreement periodically. Company reserves the right (but is not required) to post a notice on the Website or send You a notice via email or any other delivery method of any such change to this Agreement. The most current version of this Agreement shall be linked on the home page of the Website. If You continue to use the Services after Company changes this Agreement, then You accept all such changes.
3. Applicable Policies.
3.2 Intellectual Property Policy. Company's Intellectual Property Infringement Policy describes Company's practices concerning intellectual property rights of the Company, its customers, and other third parties. Company's Intellectual Property Infringement Policy is incorporated into, and made a part of, this Agreement.
4.1 Account Creation. In order to use the Services, you may be required to register for an account on the Services (an “Account”) and to have a valid account on a social network service(s) (“SNS”) through which you connect to the Service (such as Facebook® or Twitter®). You shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have an Account or use the Services if you have previously been removed by us or have been previously banned from using the Services.
4.3 Login Information. During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information: (i) you shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account; and (ii) you are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights or breaches of this Agreement. If you breach this Agreement, we can suspend your account and deplete your account of all engodo points.
4.4 Account Responsibility. Accounts are associated with your user name and email address. Your Account is your sole responsibility and you are solely responsible for all use of the Service through your Account, for the actions of each user of your Account, and for compliance by each user with the terms of this Agreement. You must immediately notify us if you become aware of unauthorized use of your Account or Account information (including Login Information). engodo shall not be liable for any costs or damages incurred by someone else’s unauthorized use of your Account or Account information. Engodo can refuse a user’s registration for any reason. You are also responsible for any fees, including internet connection or mobile fees, that you incur when accessing your Account or the Service.
5. Intellectual Property; Limited License.
5.1 Intellectual Property. The Services and all information, content, advertisements, articles, images, photographs, graphics, illustrations, data, text, files, clips (such as audio clips and video clips), links, software, code, messages, communications, content, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, and other matters related to the Services, including any of the foregoing provided to You by Company, are the exclusive property of, and exclusively owned by, Company and Company's licensors and Content providers and are protected under applicable copyright, trademark, trade secret, and other laws and regulations (including other proprietary and confidentiality rights laws and regulations). Except as specifically allowed in this Agreement, the copying, reproduction, redistribution, forwarding, use, modification, publication, posting, transmission, sale, or offering for sale by You of the Services or the Content is strictly prohibited. You do not acquire any ownership rights to any Service or any Content through Your access to, or use of, the Services or the Content, and You possess only those rights expressly granted to you in this Agreement. You must comply with all applicable laws and regulations and all applicable copyright, trademark, and other legal notices, information, and restrictions contained in, attached to, or associated with, the Services and the Content.
5.2 Limited License. Company grants, and You accept, a limited, non-exclusive, non-transferable, and revocable license to use the Services and the Content solely as part of Your permitted use of the Services, as such permitted use is expressly contemplated by the Website. You may not (a) transfer or sublicense this limited license to use the Services or the Content or (b) resell the Services or the Content. Unless otherwise expressly provided in writing, You may not use the Services or the Content for any other purpose. Further, You may not reproduce, republish, distribute, assign, sublicense, sell, alter, or prepare derivative works of the Services or the Content, and You may not disassemble, decompile, or otherwise reverse engineer or attempt to determine the source code of any component of the Services or the Content. All rights in and to the Services and the Content not expressly granted in this Section remain in Company, Company's licensors, and Company's Content providers.
5.3 Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place engodo under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, engodo does not waive any rights to use similar or related ideas previously known to engodo, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (a) to maintain any Ideas in confidence; (b) to pay to you or any third party any compensation for any Ideas; or (c) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
6. Your Submissions.
6.1 License. By posting, uploading, inputting, providing, or submitting information or materials to or through the Website or the Services, including testimonials made by You in connection with, or as part of, the Services, You grant Company and Company's owners, parents, subsidiaries, affiliates, and partners irrevocable permission (including a worldwide, transferable, sub-licensable, perpetual, royalty-free, and fully paid-up license) to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions and Your name, voice, likeness, and other identifying information where part of a Submission, in all cases without restriction, in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, and marketing products. You waive any moral rights You may have in or to the Submissions. No compensation shall be paid to You with respect to the Submissions.
6.2 Right To Submit. By posting, uploading, inputting, providing, or submitting the Submissions, You represent and warrant that You own or otherwise control all of the rights to such Submissions as described in this Agreement and the Additional Terms, including all the rights necessary for You to provide, post, upload, input, or submit the Submissions and grant Company the rights granted by You in this Agreement and the Additional Terms with respect to the Submissions.
6.3 Removal. Company, Company's licensors, or Company's Content providers may refuse, remove, or alter a Submission without notice to You (but such licensors and Content providers only have such rights that are separately granted in writing by Company). However, Company has no obligation to monitor or control the Submissions, and You agree that neither Company nor Company's owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, attorneys, licensors, or Content providers shall be liable for the Submissions or any loss or damage resulting from the Submissions.
7. Permitted Users. You represent warrant that (1) You are at least 18 years of age, (2) Your use of the Website, the Services, and the Content is legal in, and does not violate any laws or regulations of, the jurisdiction(s) in which You reside or from which You use or otherwise access the Website, the Services, or the Content, (3) You are located in the United States, and You shall be located in the United States at all times during which you access or use the Website, the Services, or the Content, (4) You possess the legal right and ability to enter into this Agreement and the Additional Terms and to use the Website, the Services, and the Content in accordance with this Agreement and the Additional Terms, (5) Your use of the Website, the Services, and the Content shall be in accordance with this Agreement and the Additional Terms, (6) Your use of the Website, the Services, and the Content shall be in accordance with all applicable laws and regulations, and (7) Your use of the Website, the Services, and the Content shall be for Your own personal use and not on behalf of any business or any other entity. Under no circumstances may you use the Services or provide any personal information about yourself to us if you are under the age of 13 years old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
8. Your Resources. You are responsible for obtaining and maintaining all resources (including equipment) and ancillary services needed to connect to and access the Website, the Services, and the Content or otherwise use the Website, the Services, or the Content, including hardware devices, software, and other Internet, wireless, broadband, phone, or other communication devices and connection services (“Resources”). You are also responsible for ensuring that all Resources are compatible with the Website, the Services, and the Content and for all charges incurred in connection with Your use and possession of the Resources, including any fees charged by a carrier for airtime usage and/or sending and receiving messages or related notifications (such as phone, data, SMS, and Internet charges). You acknowledge and agree that, depending on your Resource provider(s), some or all of the Website and some or all of the Services and Content may not be available to You. You represent and warrant that You (1) are the owner of, or have explicit permission to use, the Resources and (2) have the right to incur charges to be billed to the Resources. Company shall not be responsible for any damage to, or loss of, any Resource. You shall ensure that the Resources do not interfere with the operation of the Website or any Service or Content. Company reserves the right to disconnect and terminate the Website, the Services, and the Content if any Resource is found to be causing any such interference. You are responsible for enabling certain features and functions of the Resources, such as data connectivity and text messaging, which are required to use some or all of the Website, the Services, and the Content. Company makes no representations, warranties, guarantees, or assurances as to the compatibility of the Resources or your carriers with the Website, the Services, or the Content. Your carriers may impose limitations on delivery of certain types of content, so You should check with Your applicable carriers to determine whether any limitations shall preclude or otherwise affect your use of the Website, the Services, or the Content.
9.1 Prohibited Uses. You agree to use the Website, the Services, and the Content only for the Website's, the Services', and the Content's intended purposes as stated by engodo. In this connection, You agree that when using the Website, the Services, and the Content, You shall not:
(a) Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website, the Services, or the Content or make any unauthorized changes to the Website, the Services, or the Content;
(b) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website, the Services, or the Content to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, misleading, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, or objectionable topic, name, material, or information;
(d) Frame the Website, the Services, or the Content, display the Website, the Services, or the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company and any third party or potentially deprive Company of revenue (including revenue from advertising, branding, or promotional activities);
(e) Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
(f) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(g) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication except to the extent expressly contemplated by the Services;
(h) Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website, the Services, or the Content, or any processes that run or are activated while You are not logged in;
(i) 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;
(j) Impersonate another person or entity or use any fake name or identity;
(k) Allow any other person or entity to use Your identification for posting or viewing comments;
(l) Restrict or inhibit any other user from using and enjoying the Website, the Services, or the Content;
(m) Acting alone, in concert with others or conspiring with others to violate any restrictions, prohibited uses, violate any code of conduct or other guidelines that may be applicable to the Website, the Services, or the Content;
(n) Harvest or otherwise collect information about others, without their prior, express, and written consent;
(o) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
(p) Use any part of the Website, the Services, or the Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(q) Access or use the Website, the Services, or the Content through an interface other than Company's interface;
(r) Link to the Website, the Services, or the Content from another;
(s) Post or transmit, or cause to be posted or transmitted, any communication or Advertisement that fails to disclose or indicate, through a term such as "ad" or "paid," that the communication is an advertisement or is being made in exchange for compensation or payment;
(t) Circumvent or attempt to circumvent any electronic protection measure used to protect or restrict access to the Website, Services, or Content; or
(u) Violate any applicable Terms of Others or any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
9.2 Responsibilities. You are responsible for all of Your acts or omissions in connection with, relating to, and arising out of, the Website, the Services, and the Content. You shall use the Website, the Services, and the Content in a manner consistent with all applicable laws and regulations. Company shall have no duty to, and shall not investigate, Your use or Your right to use or access the Site, the Services, or the Content.
10. Access And Features.
10.1 Actions By Company. Company may take any of the following actions in Company's sole discretion at any time and for any reason without giving You prior notice:
(a) Restrict, suspend, or terminate Your access to the Website, the Services, and the Content at any time for any reason or for no reason. In particular, and without limitation, Company may restrict, suspend, or terminate Your access to the Website, the Services, and the Content upon Your non-compliance (or threatened non-compliance) with this Agreement or any Additional Terms or if You violate (or threaten to violate) Company's rights or the rights of any other party;
(b) Change, modify, suspend, or discontinue the Website, the Services, and the Content and the Website's, the Services', and the Content's respective features and functionality, in whole or in part;
(c) Deactivate Your accounts and delete all related information and files in Your accounts; or
10.2 No Liability. Company shall not be liable to You or any third party for taking any of the actions in this Section, and Company shall not be limited to the remedies described in this Section if You violate this Agreement or the Additional Term or threaten to violate this Agreement or the Additional Terms.
11. Links. The Website, the Services, and the Content may contain links to other websites. Company is not responsible for, and disclaims any liability with respect to, the content, accuracy, or opinions expressed in such websites, and Company does not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Website, the Services, or the Content does not imply Company's approval or endorsement of the linked website or the products, services, or information available at or from such linked website. If you decide to leave the Website, the Services, or the Content and access these third-party sites, you do so at your own risk. Specifically, you shall be subject to such third-party sites' privacy policies (if any).
12. Indemnity. You shall indemnify, defend, and hold Company and Company's owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, and attorneys harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys' fees, resulting from, relating or attributable to, or arising out of, (1) Your failure to comply with any of this Agreement or the Additional Terms, (2) Your access to, or use of, the Website, the Services, or the Content (including third party claims relating to content downloaded by You from the Website), (3) Your Submissions, and (4) all use of, and activities that occur under, Your account and other identification information (including Your Login Information) and any actions that take place through Your access to the Website, the Services, or the Content (whether conducted by You or another). Company has no duty to reimburse, defend, indemnify, or hold You harmless resulting from, relating or attributable to, or arising out of, this Agreement, the Additional Terms, the Website, the Services, or the Content or Your use of, or access to, the Website, the Services, or the Content.
13. Disclaimers And Limitations.
13.1 No Warranties. COMPANY DOES NOT WARRANT OR GUARANTEE THAT (a) THE WEBSITE, THE SERVICES, OR THE CONTENT, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONS, SHALL BE UNINTERRUPTED OR ERROR-FREE, (b) DEFECTS SHALL BE CORRECTED, (c) THE WEBSITE, THE SERVICES, THE CONTENT OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (d) THE WEBSITE, THE SERVICES, THE CONTENT, OR THE INFORMATION AVAILABLE THROUGH THEM SHALL CONTINUE TO BE AVAILABLE, OR (e) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE WEBSITE, THE SERVICES, AND THE CONTENT, AND ALL FEATURES AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM, THE WEBSITE, THE SERVICES, AND THE CONTENT, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
13.2 Limited Liability. COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE CONTENT, OR SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). COMPANY'S LIABILITY IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE CONTENT, AND THE SUBMISSIONS FOR WILLFUL MISCONDUCT SHALL NOT EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND THESE LIMITS. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST COMPANY MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
13.3 Risk Of Use. YOUR ACCESS TO, AND USE OF, THE WEBSITE, THE SERVICES, AND THE CONTENT IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE, THE SERVICES, AND THE CONTENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR THE SERVICES.
13.4 No Equitable Relief By You. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES WHICH ARISE OUT OF, OR RELATE TO, COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR CONTENT OWNED OR CONTROLLED BY COMPANY, INCLUDING THE WEBSITE, THE SERVICES, AND THE CONTENT (INCLUDING THOSE INCORPORATING YOUR SUBMISSIONS).
13.5 Waiver. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
13.6 Electronic Communications Privacy Act Notice (18 Usc 2701-2711). COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE WEBSITE, THE SERVICES, OR THE CONTENT OR ANY WEBSITE LINKED TO THE WEBSITE OR THROUGH ANY USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. COMPANY SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, PHONE OR COMMUNICATION DEVICE NUMBERS, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON COMPANY'S EQUIPMENT AND TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, THE SERVICES, OR THE CONTENT OR OTHERWISE CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT.
13.7 Endorsements And Testimonials. YOUR RELEASE COMPANY FROM ALL LIABILITY IN ANY WAS RELATING TO, ARISING FROM, OR CONNECTED TO, THE USE OF ENDORSEMENTS AND TESTIMONIALS CREATED OR DISTRIBUTED BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND SHALL ABIDE BY THE RULES OF THE FTC GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, EFFECTIVE DECEMBER 1, 2009. THE FTC GUIDES ARE AVAILABLE FOR REVIEW AT HTTP://WWW.FTC.GOV/OS/2009/10/091005ENDORSEMENTGUIDESFNNOTICE.PDF, AND FURTHER INFORMATION IS AVAILABLE AT HTTP://BUSINESS.FTC.GOV/DOCUMENTS/BUS71-FTCS-REVISED-ENDORSEMENT-GUIDESWHAT-PEOPLE-ARE-ASKING. THE FTC GUIDES PROVIDE, AMONG OTHER THINGS, THAT ENDORSERS RECEIVING COMPENSATION FOR THEIR EFFORTS SHOULD DISCLOSE IN THEIR SOCIAL POSTINGS THAT THE POSTINGS ARE ADVERTISEMENTS AND/OR ARE MADE IN EXCHANGE FOR COMPENSATION OR PAYMENT, AND THAT ENDORSER POSTINGS CANNOT BE FALSE OR MISLEADING.
14. Notice. Except as otherwise provided in this Agreement or the Additional Terms (including with respect to modifications to these Terms or the Additional Terms or modifications to the Website, the Services, or the Content), Company may deliver notices to You via electronic mail or by prepaid certified mail, return receipt requested, at the address maintained in Company's database; any such notice shall be deemed effectively given upon delivery. You may give notice to the Company by prepaid certified mail, return receipt requested, at the following address: INSERT ADDRESS Attn: CLAIMS DEPT, and any such notice shall be effective upon receipt by Company.
15. Trademarks. Engodo™ and the Engodo logo are trademarks of Engodo, Inc. and its subsidiaries and affiliates. Other Company trademarks, as well as any third-party trademarks, service marks, logos, and trade names appearing on the Website or on or through the Services or the Content, are and shall remain the property of their respective owners. The use of any trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features owned by Company or any third party is prohibited without the prior written consent of Company or the applicable third party. If You are seeking permission to use trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features owned by Company, please contact Company at email@example.com or by mail at Engodo, Inc., ATTN: Administrator, 572 N 800 E Provo, UT 84606.
16.1 Governing Law And Venue. This Agreement shall be governed by, and construed and enforced in accordance with, United States federal law, as applicable, and by the laws of the state of Utah as applied to agreements made, entered into, and performed entirely in Utah by Utah residents, notwithstanding the actual residence Company or You. All lawsuits or proceedings arising out of, or relating to, this Agreement shall be brought in the state or federal courts located in Utah County, Utah, and Company and You irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
16.2 Entire Agreement. This Agreement (and the Additional Terms) constitute the complete, final, and exclusive understanding between Company and You relating to the subject matter of this Agreement (and the Additional Terms) and govern Your use of the Website, the Services, and the Content, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter.
16.3 Third Party Terms. You may be subject to additional terms and conditions that may apply when You obtain or use third-party content, third-party software, or goods and services provided by or through third parties or other partners of Company. You agree to be bound by, and comply with, such additional terms and conditions.
16.4 Severability. The provisions of this Agreement are severable, and in the event any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Company's waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by Company of any subsequent breach by You.
16.5 No Amendments By You. You may not amend this Agreement without Company's prior, express, and written consent.
16.6 Assignment. Company may assign Company's rights and delegate Company's duties and obligations under this Agreement to any party at any time without notice to You. This Agreement are not assignable, transferable, or sub-licensable by You without Company's prior, express, and written consent.
16.7 Dispute Resolution. Any dispute arising out of, or relating to, this Agreement may, at the election of either You or Company, be resolved through binding arbitration Utah County, Utah, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"). The date on which the arbitrator is appointed is the "Appointment Date." If You or Company elects to resolve any claim or dispute between them by arbitration, then the electing party shall notify the other party of such election in writing, and thereafter, neither You nor Company shall have the right to litigate that claim in court or to have a jury trial on that claim, even if all parties have opted to litigate a claim in court. You or Company may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. Neither You nor Company shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator shall only have the authority to resolve individual disputes between You and Company. The Federal Arbitration Act ("FAA") shall govern this provision. The arbitrator shall honor all claims of privilege recognized by law. Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order. Unless the parties to the arbitration stipulate to the contrary, the final arbitration hearing will be held no later than 180 days after the Arbitration Notice is delivered, the hearing will last no more than eight hours, and the arbitrator will render the arbitrator's final decision no later than 60 days after the final hearing is concluded. The discovery period shall begin 15 days after the Appointment Date and shall conclude 90 days later. Each Party shall produce all documents relied upon to support a claim or defense and a list of all individuals with knowledge relevant to any claim or defense within 15 days following the beginning of the discovery period. Each party will be allowed to ask up to 20 written interrogatories, including subparts, to propound up to 20 requests for production of documents or other tangible things, and to take a total of no more than ten hours of depositions;. The parties may interview and discuss matters with witnesses.
16.8 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind Company in any respect whatsoever.
16.9 Interpretation. In the interpretation of this Agreement, except where the context otherwise requires, (i) "including" or "include" does not denote or imply any limitation, (ii) "or" has the inclusive meaning "and/or," (iii) "and/or" means "or" and is used for emphasis only, (iv) "$" refers to United States dollars, (v) the singular includes the plural, and vice versa, and each gender includes each other gender, (vi) captions or headings are only for reference and are not to be considered in interpreting this Agreement, and (vii) "Section" refers to a section of this Agreement, unless otherwise stated in this Agreement.
16.10 Survival. This Section 16 and Sections 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 16 shall survival termination of this Agreement and/or Your right to access or use the Website, the Services, and the Content.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
Infringement Notification. If you believe that content residing on or accessible through our website infringes a copyright for which you own or are a designated agent, please send a notice of infringement by fax or regular mail with the information that sets forth the items specified below. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. To expedite our ability to process your request, please use the following format:
• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit engodo to locate the material. Please provide a url for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets / pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.
• Send the document to engodo’s designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
[NAME] (Designated Copyright Agent)
c/o engodo, LLC
We will review your claim and determine its merit. If, after our review, we believe your claim is sufficient to remove the information from public view, we will do so immediately and provide you with confirmation. If your claim is insufficient to act upon, or, in our consideration the material has been posted with a good faith effort and compliant with the DMCA, we will notify you and provide you opportunity to clarify or seek additional remedy.
How do I file a DMCA counter notice? The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. If you believe that your material has been removed improperly, you may file a counter notification. To file an official counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format:
• Identify the specific URLs of material that engodo has removed or to which engodo has disabled access.
• Provide your full name, address, telephone number, and email address, and the username of your engodo account.
• Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which Thumbtack Press may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Sign the notice.
• Send the written communication to the following address or fax number:
[NAME] (Designated Copyright Agent)
c/o engodo, LLC
Engodo, Inc., a Delaware Corporation (“engodo,” “Us,” or “We”) operates the engodo web site located at: http://www.engodo.com (the “Site”). Engodo also provides access to certain web-based applications through Facebook® and other third party social networking sites (“Applications”).
If you have questions regarding this Policy, you may contact engodo by e-mail at firstname.lastname@example.org.
Amendments to this Policy.
We may change this Policy at any time. If we change this Policy, we will notify users by a posting of the change to the Site or by way of an e-mail. Changes to this Policy will be effective upon the earlier of the date 10 days following the date we provide notification of the changes or the date on which you agree to the changes on the Site or through the Services. Your continued use of the Services after 10 days following notification of a change will constitute your agreement to that change. Unless we obtain your consent, we will use all information we collect from you in accordance with the version of this Policy under which that information was last collected.
Interaction Through Facebook® and Other Third Party Sites and Services.
The Services enable and encourage users to interact through Facebook® and other third party web sites and platforms both directly and through our Applications. For example, on Facebook® the Applications enable the collection and display on Facebook® of personally identifiable information (and other information and content) you provide to engodo. In addition, the Services also encourage you to interact directly with Facebook® pages and other web sites and services operated by third party customers of engodo and enable you to provide and display personally identifiable information (and other information and content) through those third party pages, sites and services. The third party web pages, sites, and services may include, by way of example, both standalone web sites as well as pages or services operated through other social networking services.
You may be encouraged to use the Services to provide personally identifiable information (and other information and content) to Facebook® or these other third party sites and services. Facebook® and these other third party sites and services maintain their own data collection and use policies and practices. This Policy covers only the data collection and usage policies and practices of the Services operated by engodo and does not extend to Facebook® or any of these other third parties. engodo is not responsible for THE policies or practices of Facebook® or any OTHER third parties. please review theSE OTHER applicable privacy policies before providing them with any personally identifiable information.
Collection of Personally Identifiable Information.
Personally identifiable information includes information by which you may be personally identified, either directly or in combination with other information. We only collect and share personally identifiable information regarding users of the Services as described in this Policy.
We may automatically collect personally identifiable information from you when you use or access the Services. We may also collect personally identifiable information from you through a number of voluntary sources through the Services, such as responses, registrations, surveys, reviews, comments, emails, postings, messages or other submissions and communications sent by you to engodo through the Services. The personally identifiable information we may collect from you will include, by way of example:
· Domain name and Internet Protocol (IP) address;
· E-mail address;
· Username for Facebook®, Twitter®, or any other third party web site or platform accessible through the Services;
· Contact information (including, name, street address, zip code, country, and phone numbers);
· Date of birth;
· Marital status;
· Professional experience;
· Unique identifier of your mobile phone or other mobile device;
· Annual income;
· Interests and hobbies;
· Project related information based on your activities through the Services (such as content submitted for projects);
· User-specific and aggregate information on areas of the Services;
· Username and password information for the Services; and
· Other information volunteered by You, such as information provided through postings, responses, registrations, surveys, reviews, comments, emails, messages or other submissions and communications sent by you to engodo or the Services.
You should not provide engodo with any personally identifiable information (or submit any personally identifiable information to the services) unless you would like that information to be used by engodo in accordance with this Policy.
Use and Sharing of Personally Identifiable Information.
The personally identifiable information that engodo collects from users of the Services (both registered and unregistered) may be used and transferred to third parties for a variety of purposes.
The operation of the Services may lead engodo to share and transfer your personally identifiable information to third parties. For example, we may provide your information to our service providers for purposes of establishing and maintaining your account or billing information. Likewise, when you submit a post regarding a engodo customer, we may make that post publicly available and may forward the post to our customer. We may also include the personally identifiable information we have collected about you with the post. In addition, we may share personally identifiable information of users with third parties for other reasons as well, including by way of example:
· Customizing the content displayed on the Services and/or the layout of the Services for each individual user of the Services;
· Notifying users of the Services about updates to and activities on the Services and about goods and services that we feel may be of interest to you;
· Improving the content of the Services, to analyze data and patterns regarding usage of the Services;
· Contacting users of the Services for marketing purposes;
· Contacting users of the Services for information verification purposes; and
· Facilitating the de-identification of the personally identifiable information to make it non-personally identifiable.
Submitting any content or other information through the Services will be considered your consent to “OPT IN” for the use and transfer of that content and information under this Policy.
Non-Personally Identifiable Information.
Where possible, our server automatically recognizes and collects certain non-personally identifiable information regarding users of the Services, including, by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. We also collect information about how visitors access and use the Services, including, by way of example, what pages, features or portions of Services are used. This information allows us to improve the content of the Services, facilitate research and analysis of the Services, and develop and refine our Services. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form. Other than improving the Services, and the experience of users of the Services, we make no other use of this information.
Disclosures Required by Law.
Enhancement of Information.
We may combine and enhance the personally identifiable information (and other information) we collect with other third party data and information. For example we may enhance the information we collect to better target advertising and provide pertinent offers in which we think our users would be interested. We may also enhance the information we provide to our customers regarding users that provide responses, comments, postings, messages or other submissions or communications through the Services.
On occasion it is necessary to send out service related announcements. For instance, if any of the Services is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. These communications are not promotional in nature.
Special Offers and Updates.
We may send new registrants of the Services a welcoming email to verify password and username. Established members may occasionally also receive information on products, services and special deals, and periodic newsletters. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out section.
We communicate with users to provide requested services and with regard to issues relating to their account. We reply to communications via email, in accordance with the users' wishes. You may not opt-out of these communications if you would like to use the Services.
Choice and Opt-out.
We provide you with a choice whether to receive certain emails and other communications through the Services.
We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes. If you are a user of the Services and you no longer wish to receive emails, mail, or telephone calls from us or have your email address or postal address shared with third parties, you may opt-out of receiving email, mail or telephone calls from us or having your email address or postal address shared with third parties.
All opt-out requests can be made by emailing us at email@example.com.
Access, Review, Update.
The users of the Services should email us at firstname.lastname@example.org to review, delete, deactivate, update or change any personal information that was previously provided to or collected by engodo.
California Privacy Rights.
Engodo has adopted a policy of allowing you to opt-out of the disclosure of your personally identifiable information to third parties for their direct marketing purposes and thus falls within this exception. Instructions for opting out can be found in the section above entitled “Choice and Opt-Out.”
The Services are not directed to children under 13 years of age. engodo does not knowingly solicit or collect personal information from children under 13 years of age.
· Saving user preferences;
· Customizing content of the Services for individual users;
· Ensuring that users are not repeatedly sent the same banner ads;
· Recording session information;
· Saving certain information about users of the Services; and
· Facilitating and enhancing interaction with the Services.
A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you through the Services.
Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software. Please refer to your browser or email software instructions or help screen to learn more about these functions.
Consent to Use of Third Party Providers.
In addition to the specific third parties noted in this Policy, engodo may also contract with other third parties to provide various services to engodo relating to the Services on an outsourced basis rather than performing the services itself. For example, engodo may contract with a web site hosting provider to host all or a portion of the Services for engodo. engodo may also contract with third party mobile providers to enable the mobile user services provided through the Services. By using the Services, all visitors consent to engodo providing both personal and non-personal information received from those visitors to these third party providers for the purpose of enabling the third party provider to provide these outsourced services to engodo. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by engodo and these third party providers.
Consent to Transfer of Information.
If engodo elects, in its reasonable discretion, to transfer ownership or control of the Services (or the Site or the Applications) to a third party, whether or not in the context of an acquisition of engodo or a merger of engodo with a third party, you consent to the transfer of your personally identifiable information and non-personally identifiable information by engodo to that third party, provided that all use of your information by that third party remains subject to the terms of this Policy.
We will use at least industry standard security measures on the Services to prevent the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to insure the safety of your personal information.
All inquiries concerning this Policy and the Services (or the Site or the Applications) in general may be sent to email@example.com.