Enfatico Website Terms and Conditions

Enfatico Website Terms and Conditions

Thank you for visiting our website, www.enfactico.com (the "Site"). This Site is owned and operated by Enfatico, LLC.

This Site is governed by the Terms and Conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the Terms and Conditions set forth below. We reserve the right, at any time, to modify or update these Terms and Conditions, and you agree to be bound by such modifications or updates.

Use
This Site is for your personal and non-commercial use only. Any other use requires our prior written consent.

Copyright Notice
This Site and the content on this Site are owned by Enfatico, its clients, or its content suppliers and are protected by copyright and other intellectual property laws. Absent the prior written consent of Enfatico or except as specifically permitted in accordance with the Terms and Conditions governing use of this Site, any copy, other reproduction, display, performance or retransmission of all or any of the contents of this Site is strictly prohibited. All rights reserved.

Prohibited Conduct
You must comply with all guidelines, rules and terms set forth by Enfatico in connection with this Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site.

Enfatico is under no obligation to screen or monitor content on this Site, but may review content on this Site from time to time at its sole discretion to review compliance with these policies. Enfatico will make all determinations as to what content on this Site is appropriate in its sole discretion. We may include, edit or remove any content on this Site at any time without notice.

You understand that when using the Site, you will be exposed to content from a variety of sources, in a blog or elsewhere, and that Enfatico is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Site.

Postings, Weblogs and Articles
Enfatico may permit you to post comments to a weblog or otherwise share your thoughts in a public manner. You hereby grant Enfatico a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any content posted or transmitted by you to or through any service on the Site. Such uses can include creating a compilation of comments, editing comments for any reason Enfatico deems appropriate or sharing those comments with third parties. Enfatico shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.

You should be aware that personal information and content which you voluntarily include and post to the Site may be viewed and used by others and that Enfatico is unable to control such uses of your personal information and content. Enfatico expressly disclaims any liability, and you expressly release Enfatico from any claim, based upon the content or use of materials on the Site provided by you or other users.

Enfatico employees may also post weblogs, articles, stories or other materials on the Site. Such materials are the opinions of the individual authors of such materials, and do not reflect the opinions or positions of Enfatico or any of its affiliates or clients. Enfatico makes no warranties regarding such materials, which are posted solely for informational purposes. These materials are the property of Enfatico or the individual authors and are subject to the copyright restrictions contained elsewhere in these Terms and Conditions.

Links
For the convenience of users of this Site, Enfatico may permit one or more links to other websites from time to time. Except for internet websites maintained by divisions, subsidiaries or affiliated companies of Enfatico, the internet websites to which links are provided in this Site are not under the control of Enfatico. Enfatico assumes no responsibility for the contents of any non-Enfatico linked internet website, or for any potential damage arising out of or in connection with the use of any such link.

In addition, the existence of a link between this Site and any other website is not and shall not be understood to be an endorsement by Enfatico of the owner or proprietor of the linked internet website, nor an endorsement of Enfatico by the owner or proprietor of such linked website.

Unsolicited Materials
Please note that it is a policy of Enfatico not to accept or consider unsolicited creative, production-related or other materials of any kind. Enfatico will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this Site not to be confidential or proprietary, and to be freely available for use of any kind, including advertisements and promotions, without recognition, compensation or payment of any kind.

Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Disclaimer
THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, Enfatico's liability is limited to the greatest extent permitted by law.

Indemnity. You agree to defend, indemnify and hold harmless Enfatico, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your information or content uploaded to the Site, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by Enfatico) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.

Any claims asserted by you in connection with the Site must be asserted in writing to Enfatico within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Enfatico
11 Madison Ave
New York, NY 10010
+1 212 294 8603
Email: copyright@enfatico.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us at info@enfatico.com.