TERMS OF SERVICE

Last Modified: 30-11-2012

Accepting these Terms

Creating an Enjin Website

Enjin Paid Services

Subscriptions

Cancellation

Refund Policy

Upgrading and Downgrading

Trials

Prepaying

Alternative Payment Options

Taxes

Support & Contacting Enjin

Enjin Community Forums

Official Support:

Your content and licenses to your content and data

Your code and licenses to your code

Licenses

Themes

Platform Policies & Limits

Your Website

Your Account

Changes to Enjin Platform

Development and Suggestions

Your interactions with other users

Subdomains

Advertising on Websites

Acceptable Use and Conduct

Our Trademarks

Enjin Ownership Rights

Third Party Content

Representations and Warranties

Enjin’s Relationship with Users

Network Data

Disclaimer of Warranties

Indemnity

Limitation of Liability

Terms of Service Amendments

Term and Termination

Governing Law and Jurisdiction

Relationship Of The Parties

Copyright Infringement / DMCA Compliance

Reporting Copyright Infringement:

DMCA Counter-Notification:

Accepting these Terms

Please read these Terms of Service, carefully before using enjin.com and/or the other domains, products, services, and/or content provided by Enjin PTE LTD ‘Services’. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.

Creating an Enjin Website

Enjin was designed from the ground up to empower users with many tools for creating custom gaming communities and websites. As a website owner, you are responsible for controlling your website and managing its members. You own all of your Code, Content and Data. The behavior of your members on your website is your responsibility as well. We give you tools to ensure that members and visitors follow the rules regarding their conduct and the Content that they share on your site.

Enjin Paid Services

We host premium, and free advertisement supported websites. You can visit this page to learn more about each of our different plans including their costs. Be aware that these prices can change at any time, even without us telling you beforehand.

Subscriptions

If you sign up for a subscription with us, we will charge you on a regular basis via Paypal. We usually charge once a month, at the same day of the month as your first charge.

If we can’t charge you, your site’s service will automatically be suspended. It may also be at risk for deletion, meaning permanent removal of your site, its subdomain, and its content. Please make sure that you have enough money in your account before you are charged.

Cancellation

You can manually deactivate and/or delete your website by navigating to the Website Settings page of your user dashboard. If your website is deactivated, it will be automatically scheduled to be deleted after 90 days. A website can be recovered at any time before it is deleted.

You can forcibly delete your website through your Website Settings page. If your website is deleted, we cannot offer any promise that it is possible to restore in any form.

If you deactivate and/or delete your website, you still hold responsibility for ensuring that you cancel any subscription you might have with us. If you cancel your subscription with us, we will be unable to charge you.

Refund Policy

Purchases of any paid services are final and non-refundable. We ask that you keep good records of your receipts at all times, and that you double check before making any purchases. Your money is your responsibility. Termination of your Account or your rights under this Agreement may result in forfeiture of existing paid services.

Upgrading and Downgrading

Premium days can be converted from one paid plan to another:

  1. If you are upgrading from “Advanced” to “Ultimate”, your remaining paid time will be converted at about a 29% ratio to the latter plan. This means that every 100 Advanced days is equal to roughly 29 Ultimate days.
  2. If you are DOWNGRADING from “Ultimate” to “Advanced”, your remaining paid time will be converted at about a 334% ratio to the latter plan. This means that every 100 Ultimate days is equal to roughly 334 Advanced days.

If you downgrade to the “Free” plan, then you immediately forfeit your remaining paid time. We understand that sometimes accidents happen - if your plan is unintentionally downgraded to the “Free” plan, contact us to have the mistake corrected.

If you choose to downgrade your Service you may lose content, features, and capacity of your account. We are not liable for any such loss.

Trials

We give all users free trials of our Advanced plan so that they can make an informed decision before deciding to upgrade to a paid site. You can create a trial website by signing up at www.enjin.com. Our trials are obligation free - this means that we expect no personal or billing information from you when you sign up, and you do not have to ever pay for the trial to enjoy it.

Please be aware that, if you create a trial plan website, some features are only temporarily available to you if you decide not to purchase or subscribe to a premium plan. At the end of your 14 day trial, you will not lose access to your website - instead, it will be relegated to our Free plan. The Free plan has a module limit of 20 and does not have access to all features. We do strive to make sure that the Free plan has all of the core features that are important to a website, including forums. The Free plan is advertising supported.  

If you decide to upgrade while on the Trial plan, any remaining Trial days are immediately forfeited and do not add on.

Prepaying

We offer discounts to users that prepay for more than 30 days of a premium plan up front. The highest discount is about 20% for prepurchasing 12 months in advance, with smaller discounts available for 180 days and 90 days up front. Our refund policy extends to prepaid premium time.

Alternative Payment Options

We understand that not all users are able or willing to pay for their premium plan alone, but still wish to have the features associated with it. This is why we offer a few different alternative payment options.

Trialpay is a service that allows you to try out a product from a third party retailer and get Enjin premium services as part of a package deal. Every Trialpay purchase is unique. We are not responsible for the content on Trialpay - it provides third party products and services that we may or may not have knowledge of and offer no warranties for.

We also offer group payment options. There are two different ones. The first is a straightforward donation service; you can link a donation module to your PayPal account, allowing other users to send currency towards you. The other option allows users to directly purchase paid time for your site without having to interact with your PayPal account.

There are instances where users can group pay for your site’s premium service and then chargeback - this means that we will lose the funds from the purchase and our system will automatically remove the paid time from your site. Please be aware that this risk could cause your site to be deactivated if group payment is the only way you are paying for your paid plan time.

Taxes

Taxes are a fact of life. Depending on where you live, you may or may not have to pay taxes in addition to the normal fees for purchasing premium days, themes, headers, voice server slots or other Services. By making any purchase from us, you agree that you are aware of the taxes in your area and will pay them in full.

Support & Contacting Enjin

We have created a support wiki to help you create and maintain your website. You can visit it here. Simply by nature of being a wiki, it is never finished - we are always working to improve its content. If your problem cannot be solved by searching for it on the wiki, please try one of the other resources listed below.

Enjin Community Forums

We have community forums located here. Visit these forums to ask questions about the platform that might not have been answered on the wiki.

We also have many talented community members who be able to help you with your requests for custom artwork and designs. Asking other community members about these kinds of works should be done in the forums, as our official staff cannot dedicate any time to creating custom artwork, themes, or designs for individual websites.

Official Enjin staff regularly visit the community forums, but there are a lot of threads and only a finite number of us online at any time. Because of this, our forums should not be considered official support. For that, use the contact details listed below.

Official Support:

If you experience any technical difficulties, or simply have a question, you can contact our support team here: www.enjin.com/support/form

For business or marketing purposes, we can be contacted at info@enjin.com

When you contact us via our support form, our system will automatically create a support ticket for your request. There are a few things you can do to make sure that your ticket is quickly and efficiently answered:

  1. Make sure that the title for your ticket is both specific and short. You want us to be able to know what your issue is at a glance. We have support staff with different specialties and areas of expertise, so the quicker we can identify who you need to talk to, the quicker you can talk to them!
  2. Support tickets with titles like “HELP” do not get answered more quickly than others. If anything, creating a generic title like this may actually delay your ticket response time.
  3. The actual ticket should be easy to read, but contain as many details as possible that are relevant. Screenshots, video recordings, or detailed instructions on how to reproduce bugs go a long way to making sure we understand exactly what your problem is.
  4. At this time, we can only answer tickets that are in English. We understand that many users on our system may not be first time English speakers, but we ask that you try your best! If we have difficulty understanding you, we will patiently work to ensure that you can get your point across in a reasonable manner.

Please be aware that site owners of Ultimate plan websites get priority support. After Ultimate tickets are answered, we then answer Advanced, Trial and Free plan tickets.

The average wait time for most tickets varies depending on the time of day and day of the week it comes in. You can expect a response within a day in most circumstances, even if it is simply a notification from a human support staff member that you might have to wait a bit longer. We try to answer urgent tickets more quickly than feature requests and general inquiries.

Please note that we do not have an obligation to answer inquires from site owners of free websites, website administrators, or users. That said, we try to respond to all users.

Your content and licenses to your content and data 

Note: This section makes heavy use of the term “Content”. Content is anything that you have authored. This means comments, suggestions, photos, videos, music, sounds, images, text, files, logos, trademarks, posts, and messages. In a nutshell, Content is what you’ve made and uploaded, transferred, or shared.

Note: This section makes heavy use of the term “Data”. Data means the information gathered from you when you register for your account (Including your IP address), profile data and Content added by you.

When you upload Content or Data to your website or the Enjin network, you keep ownership of whatever you actually own. We don’t claim that we own any of your Content or Data. You can continue to use your Content in any way you choose, as long as it does not violate any other terms in this agreement. You can cancel and delete your account or website with us, but some Content associated with it may not be fully removed.

Keeping the above in mind, you give us permission to use, access, store, cache, publicly perform and publicly display your Content and Data. This permission is non-exclusive, worldwide, and royalty free. This permission is given to us so that we can do the following with it:

  1. A) Make your Content and Data available on the Enjin network in different types of media. In other words, so that we can let you display your profile avatar, make posts on your forums, and write news & blog articles in addition to any other way your Content and Data can be made available;
  2. B) Use your Content and Data to analyze the way that you interact with our system, so that we can market ourselves to you and users like you, and better ourselves as a business.

You give us this permission while keeping in mind that any of your Content or Data you contribute to our network may stay on the network in some form for a reasonable amount of time, especially for back-up and account restoration purposes.

You are also aware that if we remove any of your Content in response to a DMCA takedown notice or because it violates our Terms of Service, we can use or recreate it in any way we need to. The most common reasons for this would be if a court or lawful body subpoenas us, or if we are required to by law enforcement agencies and governments. We may also do this to protect our own rights or the rights of individual users or our general user base.

You have certain responsibilities to your Content and Data. You are responsible for making sure you actually own all the rights to your Content and Data, including the right to give others permission or license to use it. You are also aware that we can’t guarantee that your Content or Data is private or confidential once it is on our network.

You understand that, even if you delete your account with us, any of your Content or Data might remain on our network in some form, or unforeseeable ways like on other users’ profiles, or different features like forums and news & blogs.

You also agree that we can talk about you or share you, your Content, or your Data in material like case studies, promotions, presentations, and press releases. An example would be a “Featured Friday” post, where we showcase Content and/or data on your website.

We try our best to ensure that all Content and Data on our network is safe to view for the general public. You understand that we may filter or refuse to accept any Content or Data you post, display, or transmit on or through our network. With this in mind, we cannot be expected to filter or refuse to accept any Content or Data in an obligatory manner. If we choose to do this, we can do so with or without notice and without liability of any kind.

If a website or user account is removed from our network, the Content in it might also be deleted by our or the website owner’s choice. Please be aware that this is a possibility at any time. Also be aware that we are not required to keep any backup copies of Content or Data once it is deleted. We make a good effort to safely store your content, but can’t guarantee that this will always or even ever be the case.

Your code and licenses to your code

Note: This section makes heavy use of the term “Code”. Your Code is any script, code, or software you create which interacts in some way with our network.

When you upload Code to your website or the Enjin network, you keep ownership of whatever you actually own. We don’t claim that we own any of your Code. You can continue to use your Code in any way you choose, as long as it does not violate any other terms in this agreement. If you cancel your website with us, some of your code may remain on our system in some form.

Keeping the above in mind, you give us permission to use, access, store, cache, publicly perform and publicly display your Code. This permission is non-exclusive, worldwide, and royalty free. This permission is given to us so that we can do the following with it.

You have certain responsibilities for your Code. You are responsible for making sure you actually own all the rights to your Code, including the right to give others permission or license to use it. You are also aware that we can’t guarantee that your Code is private or confidential once it is on our network.

Please be aware that any Code you add is subject to the terms of this agreement. We reserve the right, but cannot be expected, to filter or refuse to accept any Code added to our system. Your Code cannot break any of our rules or violate any applicable laws. If it does, then we can remove it at any time without warning - without having any obligation to you. We cannot offer any promise that your Code is safely stored on our system in any form or backups.

Licenses

While you are in agreement with these terms of service, we give you a limited, nonexclusive license to use the Enjin network so that you can create a website or user profile. This license is non-sublicensable and non-transferable, meaning you cannot give it to any other user or third party. We can remove this license from you at any time. You agree that you have no expectation for additional rights from us regarding our system.

You agree that we own all rights, titles, interest and intellectual property rights in and to the Enjin network.

Below are a list of important restrictions to how you may use our system. You may not personally perform, or allow any other user or third party to perform, any of the actions listed below:

  1. Run, rent, lease, loan or sell access to our network or software;
  2. Decompile or reverse engineer or attempt to access the source code of the software underlying the Enjin network;
  3. Copy, archive, store, recreate, rearrange, change, update, download, create works inspired by, display, distribute, redistribute or disseminate any of our technology;
  4. Access our network to build a product using similar ideas, features, functions, interface or graphics to those on the Enjin network;
  5. Access (or attempt to access) any service on our network by any means other than as permitted in these terms of service;
  6. Circumvent, disable or otherwise interfere with security related features of our network or features that prevent or restrict use or copying of any content or third party content or enforce limitations on use of our network or the content and third party content in it;
  7. Access our network to upload your code or content to cause a breach of security to the network or any website or interfere with the proper working of our network or prevent others from using our network;
  8. Scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
  9. Delete the copyright or other proprietary rights notice on the Enjin network.

Themes

Note: This section uses the word “Theme” a lot. Themes are defined as any artwork packages and content that is created in our Theme or Header editor .

Your Themes

We provide a powerful Theme design tool to owners and administrators of premium websites. If you create a Theme, you keep ownership of it. If you decide to submit your Theme to our Theme store, you agree that Enjin and its users will have the right to use it forever. Any Theme you submit must be created in accordance to our rules. We reserve the right to deny any Theme submission for any reason.

When you submit a Theme, you give us full right to use, copy, give out, change, update, create works inspired by, display and otherwise use your Theme. This is a nonexclusive right that you agree we may give to any other user. You also give any user who purchases your Theme a nonexclusive, worldwide, fully paid right to use your Theme on their Enjin website.

You are responsible for making sure that you actually own the rights to your Themes and the rights to license them in the way described above. By submitting a Theme, you also accept that your Theme may continue to appear on the Enjin network even after you cancel your account. Your Theme may remain in our Theme store or on the websites of any users that purchased it.

Buying Themes

As a website owner, you can purchase new Themes or headers in the Themes page of your Admin Panel. Themes in our Themes Store can be created by official Enjin staff or users like yourself. When you purchase a theme, you purchase the license to use it on the website it was bought for. Theme licenses cannot be transferred to other users or websites or off our network. Theme purchases follow our refund policy.

Platform Policies & Limits

This section describes some of the policies we might set that limit the way you can use the Enjin Platform. We can limit things like the maximum number of days that websites and content are saved, the total number and size of files and objects (Like emails, images, and posts) your profile or website can contain, the total amount of disk space that you or your network can use, and the number of times and amount of time you can access the Enjin network or your website. We can also limit things like the storage and bandwidth we let you use. If your website violates our limits, we may take action to prevent these violations with or without telling you.

At this time, the following is a partial list of some of the limits we have in place:

  1. Premium websites can use up to 200GB of monthly bandwidth.
  2. Premium websites can use up to 10GB of web storage.
  3. Premium websites can have up to 100,000 members.

We believe that these restrictions are fair, and that most sites will never exceed them through regular usage.

These limits can be changed at any time, with or without prior warning.

We understand that there are some exceptional communities that might need limits higher than these ones. If you believe you have an ultra massive community that requires even more bandwidth, storage, or member limits, please contact us at info@enjin.com so that we can work with you to see if you need a custom enterprise plan.

Your Website

Our goal is to give you, as a website owner, a lot of creative and administrative control over any website you make on our platform. With that in mind, we also have safeguards and certain policies in place to protect you, ourselves, and any users on our system or your website. You are free to create rules of your own for members of your site to follow as long as they don’t conflict with the rules we’ve established for all network users. Your rules and actions must also completely obey our privacy policy.

By being a website owner, you’ve made a promise that your site won’t cause technical issues on our platform. This means that you will make sure your site doesn’t use too much storage or bandwidth, doesn’t run scripts that are too demanding, and doesn’t exceed the quotas and limitations we set. We believe that the limitations we set are very reasonable, and it is quite rare for any website (Even on free plans) to exceed them without intentionally doing so. With that in mind, please be aware that we can suspend your site’s service if you exceed our limits - even if you weren’t aware that you were doing so.

As a website owner, you agree to all of the following:

  1. You will not knowingly collect any information from children under the age of 13. You will also not create any sort of content that intentionally targets them as an audience.
  2. We can close the account of any user on our system, including members of your website. Reasons for termination are listed in these terms of service.
  3. You will not try to lead users into thinking that your website is an official Enjin website or that it is sponsored or endorsed by us without our direct, written permission.
  4. You are the “master of the castle” to an extent. We are not obligated to watch your website for bad user behavior or content, but we do reserve the right to do so.
  5. You are aware that we may place code like web cookies in your website’s pages for our own marketing, anonymous traffic and affiliation tracking reasons. These cookies are an industry standard, and help us to make the Enjin platform a more useful system for all users.
  6. We reserve the right to remove, make copies of, and release any information or content from your website or any user account for the following reasons:
  1. A government or other lawful body gives us a court order to;
  2. We suspect that you or users on your website are violating our terms of service and we are investigating the matter;
  3. We are trying to detect, prevent, or fix issues concerning fraud, security, or bugs and other technical issues;
  4. We are responding to user support requests or a support ticket either from you or a member on your website;
  5. We are protecting the privacy of a member on your site;
  6. We are protecting the property and rights of a user, member of your site, or ourselves;
  7. We are investigating or defending ourselves against claims and allegations from a third party, like a copyright holder.
  1. You will not harvest any email addresses from users on your website with the intent to send them email which violates relevant laws or these terms of service.

You are responsible for managing your members and the way they interact with your website. You are also responsible for making sure that your members follow your rules and that you will handle agreements between you and your members without our help. Of particular note is our shopping system which allows you to sell items or content to your members. Any purchases are between them and you, which means that you are responsible for making sure that you are paid. Please make sure that you thoroughly research the shopping system and things like PayPal’s payment policies when making use of these features.

Your Account

In order to own a website on our platform, you must first create a user account. It is your responsibility to keep your username, email address, and password secure. When you sign up, you must use complete and accurate information. If any of this information changes, you also agree to make the update to your account as quickly as reasonably possible. Any actions that occur under your account are also your responsibility - claims of “My little brother did it!” will fall on deaf ears if your account is responsible for causing trouble. We reserve the right to cancel any account at any time, including for reasons like terms of use violations and long absence times.

When you create your website, you get the option of using a subdomain. An example would be “example.enjin.com”. If you are the owner of a paid plan website, you can also use a custom domain (Like www.example.com). If you use an Enjin subdomain, we keep ownership of it, but give you a limited, nonexclusive license to use it. This license cannot be transferred or licensed to others by you, and we can take it back at any time. This license is only to be used with Enjin platform websites.

You are not allowed to log onto another user’s account. You should never give another user or third party your own account login information. You are liable for any issues caused by the use of your account. Any damages done to your site, your reputation, or our system would be your responsibility. Please be very careful with your identity and account credentials.

Changes to Enjin Platform

Enjin is an evolving platform. Enjin launches new Services and features all the time, so we require the flexibility to make changes, impose certain limits, and sometimes terminate certain features.

We reserve the right to change, end, or stop providing the Enjin platform at any time, with or without notice. We make regular updates, many of which are not publicly announced. These are done to improve the system stability, add new features, and give us time to do regular maintenance. We are not liable for any situation where we modify, suspend, or discontinue a part of or the entire platform.

Development and Suggestions

Over time, we may develop new features, software, content, or services - any of which could be similar to your own work. You agree that nothing in our agreement obligates us to give you credit or compensation for any such items.

We provide you with several ways to give us feedback and make suggestions to us. If you ever choose to provide us with feedback, then you agree that we may use it any way we wish without owing you compensation or credit for it.

Your interactions with other users

The way you interact with other users is your responsibility alone. The Internet can have individuals on it that are dangerous or unwanted - we encourage you to take care with any dealings with other users or third parties. We are not obligated to become involved if you and another user or other third party are having a dispute.

Your monetary transactions with other users and third parties are your responsibility. Please use caution and good judgment when dealing with other parties - especially when money is involved. If you have a dispute concerning charges or the delivery of goods with another user, we have no obligation to become involved.

You release us of any claims, demands, and damages of any kind that might occur during interaction with another user or third party. We keep our system fairly secure, but at the end of the day, it is up to each individual user to look after their own best interests.

Subdomains

The decision of whether or not to accept a subdomain is ours to make. We can refuse to accept a subdomain under any circumstances, including the following:

  1. The subdomain is already registered;
  2. The subdomain is on the list of reserved subdomains (This list cannot be publicly released);
  3. The subdomain is obscene, vulgar, or otherwise unsuitable for use on Enjin.

We can change or suspend your site’s subdomain at any time, whenever we choose to. Some likely situations we might change or suspend your site’s subdomain are listed below:

  1. We are ordered by a court of competent jurisdiction;
  2. The subdomain name is illegal;
  3. The site violates any of our terms or conditions;
  4. The subdomain causes technical problems with the way it interacts with our system or the Internet;
  5. We think the subdomain infringes upon the trademarks or intellectual properties of any other party;
  6. We think that the subdomain name was chosen to be used in a “phishing” attack or any other illegal kind of activity;
  7. We think that inaccurate information was used when the subdomain was created;
  8. If the subdomain name is associated with illegal activity, pornography, or any obscene, vulgar, or otherwise undesirable activity.

Advertising on Websites

You can create a free or paid website on our system. If you have a free website, we will offset its hosting cost by placing advertisements on each page. If you own a free website, you may not place your own advertisements on it.

We do not place banner advertisements on paid websites. If you have a paid website, you may place your own advertisements on the pages. If you choose to place your own advertisements on the pages, then you agree to be responsible for them.

We reserve the right, but are not obligated, to refuse any advertisements for any reason. Advertisements on your website must follow the terms in this agreement.

YOU AGREE THAT ENJIN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

Acceptable Use and Conduct

You, and you alone, are responsible for your behavior, your website (If you own one), your code, your content, and the behavior of your account. We strive to keep our platform safe and enjoyable for everyone using it. Using our platform for any illegal or harmful activities is not allowed.

You will not post, message, or make available any content to users or use the Enjin Platform:

  1. In a way that violates or abuses any third party’s intellectual property rights or other proprietary rights or contractual rights;
  2. in any way that results in viruses or other harmful malware, files or programs designed to interrupt, damage or limit the way any software or hardware or telecommunications equipment functions.
  1. to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these terms of service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Enjin platform in connection with your website;
  2. in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  3. in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  4. in a manner that is harmful to minors in any way;
  5. in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Enjin;
  6. to impersonate an Enjin employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a network or the Enjin platform without authorization;
  7. to interfere or attempt to interfere with the proper working of the Enjin platform or prevent others from using the Enjin platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Enjin platform, or that otherwise negatively affects other persons’ ability to use the Enjin platform;
  8. to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Enjin platform or the content contained therein;
  9. to facilitate the unlawful distribution of copyrighted content;
  10. in a manner that includes personal or identifying information about another person without that person’s explicit consent;
  11. in a manner that employs but not limited to misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Enjin platform or to users; and
  12. in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  1. “Stalk” or otherwise harass anyone;
  2. Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  3. Use any profanity or the description or name of any illegal activity in the name of your website or the network subdomain (as defined below) for your website;
  4. Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Enjin’s infrastructure;
  5. Create a user account for the purpose to advertise for your commercial or noncommercial website or services without our express permission;
  6. Place any advertisements on your website unless you are a premium website owner (That is, your website is on either our Advanced or Ultimate plan);
  7. Use our support system for any reason other than to make helpful, meaningful suggestions or request account, website, or billing aid and support;
  8. Create multiple accounts in order to “game” our statistical systems and make your site or profile appear to have more legitimate traffic than it actually does;
  9. Try to incite other users to commit unlawful or harmful acts, intimidate or threaten other users, or distribute private data or information (Like IP addresses);
  10. Use the services we provide to you in order to gather or datamine information on other users, including their private information, IP address, or other network profile data.
  11. Attempt to gather and distribute any private information on any other user, including their address, name, IP address, place of residence or work, or age, gender, or any other private information without their explicit permission;
  12. Act in a manner where the intent is to bring harm or disruption to a website or its community, including deleting modules, pages, and content from websites without reason and/or abusing administrator or special user tag privileges given to you in good will;
  13. Use the name “Enjin” as any part of the name of your website or the network subdomain;
  14. Post any content containing child pornography to any website. We will never allow any instance of this, and will promptly report any suspected instances of child pornography (Including the network data relevant to the case) to law enforcement and government bodies;
  15. Post any content that we determine depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  16. Post any content that Enjin determines constitutes pornography, contains nudity, or is adult in nature.
  17. Create a website for the purpose of subdomain “squatting”. This means that you will not create a website just to prevent other users from using its subdomain. We regularly remove websites that are not active enough to warrant their subdomain use.
  18. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from websites and the Enjin platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  19. Attempt to gain unauthorized access to Enjin’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Enjin platform;
  20. Use the Enjin platform as a generic file hosting service; and
  21. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Enjin platform.
  22. Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Enjin platform, or to proxy authentication credentials for any member of the Enjin platform for any purpose, including automating logins to the Enjin platform;

You agree that you will not allow or encourage any third party to use our platform or any of your websites (and your websites will not be intentionally created) to commit any of the acts listed above. You also agree to immediately notify us if you violated or are accused of having violated any portion of this agreement.

Be aware that we handle every instance of violations or alleged violations of our agreement on a case-by-case basis. We reserve the right to act or refuse to act on any infringements or violations in the way we see fit. We can terminate your account and your relationship with us at any time. We are not, however, obligated to follow any leads or reports of violations. We are also not obligated to enforce this agreement or punishments for violations of it in any case. That said, if we choose not to enforce our rights in this agreement, we may still continue to do so for any instance of violation.

Violations of our agreement can result in any of the following happening:

  1. We may issue you a warning and demand that you fix your violation;
  1. We may disable certain portions of your access to our system, including parts of your website;
  2. We may delete content, data, artwork, or code that you have added to our system;
  3. We may entirely ban you from accessing our system;
  4. We may delete your account and your website entirely from our system, at no liability to you.

This list is not exhaustive. As stated above, every situation is handled on a case-by-case basis.

Our Trademarks

Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system. We do not give you a license to use any of these, and you may not use them without our permission. There may be trademarks, logos, and trade names from other groups on our system; these are the property of their respective owners.

Enjin Ownership Rights

You agree that we own all rights, titles, interest and intellectual property rights in and to the Enjin network. Any rights that we do not specifically list are reserved by us. When you use our system you agree that you will obey all copyright notices, rules, information or restrictions listed in any part of our network. You must not change, delete, or hide any of our copyrights, trademarks, patents or legal notices on our platform. This includes notices in any data or content your download, transmit, display, print, or recreate from or by using the Enjin network.

Third Party Content

Our platform and the websites on it may contain features and functions that link to third party websites, servers, directories, systems, networks or any other kind of third party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third party content, and cannot be held responsible for what is contained on external systems. Please make sure that you familiarize yourself with the safety and reputation of any third party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the Internet.

We may also sometimes use code, content, or themes from platform users, third parties, or advertisers. Having third party content on our platform does not mean that we endorse, are affiliated with, or support it. We do not have control over third party content - so we cannot offer any promise concerning whether it works well, is accurate, or legal. We reserve the right, but are not obligated, to filter or refuse to accept any third party content. Making sure that third party content is safe for you is your own responsibility.

There may be links or URLs to third party content, networks or systems to other websites. Third party websites are not a part of our platform in any way, and we imply no affiliation or endorsement by having them on our system. We expressly disclaim any responsibility for what happens on third party websites. Please be aware that accessing them may (but not necessarily will) endanger you, your privacy, and your computer or hardware. Take every precaution that you need to in order to make sure that you are adequately protected from the dangers of the Internet.

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

Representations and Warranties

By using our system, you agree to all of the following:

  1. You will obey all applicable local, state, national and international laws when connecting to and using the Enjin platform;
  2. You have the right to grant Enjin the appropriate licenses to your Content, Code, Art (For themes and other resources), and Data;
  3. Your Content, Code, and Art will not violate any copyright or ownership laws and will not infringe anyone’s intellectual property, trademark, patent, trade secret, privacy rights or any other rights.
  4. Your Content, Code, and Art will not slander, defame, libel or invade the right of privacy and publicity for anyone.
  5. None of your Code will contain any malware such as viruses, trojan horses, trap doors, back doors, worms or any other “bad”, damaging, or harmful programs that will interfere with or damage our platform
  6. None of your Code will intercept, decompile, or use any user’s personal information on the Enjin platform.

In a nutshell, you’ll use our system the way it’s supposed to be used. The appropriate way to use it is described with each individual feature, as well as in these terms of service.

Enjin’s Relationship with Users

You agree that we can end your relationship with us at any time. This means that we can cancel your account, delete any content or data you’ve added, and remove your ability to access our system in any way. We can do this without telling you beforehand, and without any liability to you. These kind of actions would most likely occur, but aren’t necessarily limited to, any situation where you violate our terms of service. You also agree that we can message you or any of your website’s members for any reason.

Network Data

Our platform will collect some data from you when you use it. This includes general information like what Enjin websites you visit, what forum posts you’ve read, and whether you are online or offline at the time. Our system also logs the last IP address you were logged in from. Website administrators and owners can view this information if you are a registered member of this website, but we do not disclose this information to any other users. Finally, we do collect some data when you first sign up, like your email address. If you purchase anything from us - including themes, subscriptions, and headers - we will use some of your personally identifiable information, like your billing address, to charge you.

If you are a website owner, you agree that you will obey all laws concerning your members’ network data,  and that you will be sure to make a reasonable effort to protect the privacy of others. You are aware that we might be asked by users or someone acting on their behalf to change or delete any personally identifiable information related to their account.

Please be aware that we are not obligated to keep back-up copies of Network data once it is deleted. We also do not make any promise that your data will be safely stored on our platform. You should make backups of your own when possible..

Disclaimer of Warranties

We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the Enjin Platform. We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through the Enjin Platform.

THE ENJIN PLATFORM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ENJIN PLATFORM ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ENJIN, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ENJIN PLATFORM. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ENJIN PLATFORM. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ENJIN PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ENJIN PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ENJIN PLATFORM.

YOU UNDERSTAND AND AGREE THAT (A) THE ENJIN PLATFORM WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE ENJIN PLATFORM WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED GE(C) ENJIN HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE ENJIN PLATFORM, AND (D)YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ENJIN PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENJIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE ENJIN PLATFORM (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Indemnity

You agree to indemnify, defend, and hold harmless Enjin, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

  1. Your Code, your Content, and your Data;
  2. Your artwork and your website;
  3. Your use of any code or features that are not ours;
  4. Your use of, or connection to, our platform or any services offered by us;
  5. Your use of our support services;
  6. Your misuse of any of the above. We are not liable if you use our product incorrectly or correctly;
  7. Your breach or alleged breach of this agreement;
  8. Your violation of any rights (including copyrights, intellectual property rights, and trademarks) of any third party;
  9. Your use or misuse of any user’s data or your website’s data;
  10. Your violation of our privacy policy;
  11. Your violations (alleged or actual) of any agreements between you and any other users;

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ENJIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ENJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE ENJIN PLATFORM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN ENJIN (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ENJIN PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Terms of Service Amendments

We reserve the right to make changes to this agreement at any time, even without letting you know beforehand. Any changes are immediately effective. Please be sure to check this agreement regularly to see if there have been any changes. By continuing to use our platform, you agree that you accept any changes made to these terms. The date that appears at the top of this page shows the last time any changes were made to it.

Term and Termination

This agreement stands as long as you have an account with us. If your account is closed, then some portions of this agreement will no longer be in effect. We will not continue to provide you with our services, but you will still be expected to obey our rules and regulations.

We have the right to close your account at any time, as well as delete your website and/or any content you may have added to our system. This can done with or without us notifying you beforehand, and without us having any liability to you. If we close your account, or you close it yourself, then we have no obligation to provide you with a refund for any fees.

You can cancel your account with us at any time through the profile settings page on your user dashboard. You can do the same for your website through the website settings page on your user dashboard. If you cancel your account or website with us and do not want to continue being billed, please make sure to cancel any subscription you may have with us through the PayPal subscription system.

Please be aware that if your account is closed, any or all of the following things may happen:

  1. You will no longer be able to access your account;
  2. Your content, code, data and themes will be deleted;
  3. We will not keep back-ups of your content, code, data, or artwork;
  4. We will not provide refunds for any unused paid time or other fees or purchases;
  5. We will not help you move your data, code, artwork, or content from our system to your personal disc space or any other system;
  6. We will block your email address or IP address from accessing our platform;

All the licenses granted by Enjin shall terminate upon any expiration or termination of this agreement and Enjin will have no obligation to provide you with access to any product or service after the termination of these Terms of Service.

Governing Law and Jurisdiction

These Terms must be interpreted and governed and construed in accordance with Enjin's Place of Business Registration exclusive of its choice of law principles. If a dispute arises out of or relating to this Agreement , it must be subject to the exclusive jurisdiction of the courts of Enjin's Place of Business Registration and each party hereby consents to the jurisdiction and venue of such courts.

Relationship Of The Parties

You, third parties, and we are all independent parties with respect to each other. This agreement does not mean a partnership between us and you or any third party. It also does not constitute a joint venture or an employment relationship. You agree that Enjin has no special relationship with or beneficiary duty to you. No parties in this agreement (Including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties in this agreement may become involved in a situation that results in obligation or liability of any other agreeing party.

Copyright Infringement / DMCA Compliance

We make it a habit of complying with the Digital Millenium Copyright Act. We may remove any content, code, art, or data that you add to our system if it is allegedly in violation of any portion of the DMCA, or if it infringes on the copyrights of others. This may be done without any liability to you. To avoid these issues, make sure that you own the copyrights to all things you upload, add, or transmit to or through our system.

We may close the account of any user and prevent their access to the Enjin platform, including access to any website, if the user repeatedly violates our copyright policy. In most cases, if more than two different third parties send us a legitimate notice of copyright infringement, we may consider a user a repeat violator. We do, however, reserve the right to close any account at any time, even if the user only violates our copyright policy once.

Please note DMCA Notice and Counter Notice are regarded as being an "unsworn declaration", signed under penalty of Perjury (as prescribed under Title 18 USC § 1621); that is, to make a false statement of fact, or in other words to 'lie' (this includes, but is not limited to, using false or fake credentials, contact details or identity information as well as, or alongside, any false claims in the notice), is a felony crime which carries a fine and/or imprisonment as potential punishment.

Upon receipt of Notice as described below, Enjin will take whatever action, in its sole discretion, it deems appropriate.

Reporting Copyright Infringement:

Send a notice of copyright infringement containing the following information to the Designated Copyright Agent:

  1. Identification of the work or material being infringed.
  2. Identify the material or link you claim is infringing and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Contact information for the notifying party, including full name, address, telephone number and email address. Please note our copyright agent may call you to confirm your full name, address and telephone number.
  4. Include both of the following statements in the body of the Notice:
  1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Deliver this Notice, with all items completed, to Enjin’s Designated Copyright Agent:

Copyright Agent:

Enjin PTE LTD

16 Raffles Quay #33-03

Hong Leong Building

Singapore 048581

info@enjin.com

DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Enjin by providing the following information to the Designated Agent at the address below:

  1. The specific URLs of material that Enjin has removed or to which Enjin has disabled access.
  2. Your name, address, telephone number, and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  4. 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."
  5. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Upon receipt of a valid counter-notification, Enjin will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Enjin does not receive any such notification within ten (10) days, we may restore the material to the Services.

Copyright Agent:

Enjin PTE LTD

16 Raffles Quay #33-03

Hong Leong Building

Singapore 048581

info@enjin.com