Last revision: June 1, 2009
Enjin provides guild hosting and clan website hosting.
Welcome to Enjin, a service for all gamers, clans, guilds, and gaming communities, to manage and stay connected through the creation of gaming websites and profiles. By using the Enjin.com website, blogs, Software (the "Software," including but not limited to, all modules, applications, widgets, schemas, Site Creator, and APIs used in connection with the Service), forums, web products and designs. (collectively "Service"), you (the "User") are agreeing to be bound by the following terms and conditions of service ("Terms"), whether or not you are a registered member of Enjin. “Enjin” means Enjin PTY LTD and Enjin.com
We reserve the right, to change, modify, add, or delete information of these Terms at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms. We will indicate the latest revision date at the top of these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms. If you do not agree or abide by this or any future Terms, do not use or access (or continue to use or access) the Service.
Violating any of the Terms below may result in the suspension or termination of your account. It is your responsibility to regularly check these Terms and to review changes. Enjin cannot be responsible for the content posted on the Service and your exposure to it. You agree to use the service at your own risk.
PLEASE READ THESE TERMS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THIS INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS.
1.1 In order to use the Service, you must first agree to these Terms. If you do not agree to these Terms, you may not use the Service.
You can accept these Terms by:
1.1 (A) Clicking to accept or agree to these Terms, where the option is made available to you by Enjin during the registration process for any Service; or
1.1 (B) By using the Service. In this case, you understand and agree that Enjin will treat your use of the Service as acceptance of these Terms from the point of use and onwards.
1.2 Do not use the Services if (a) you are not of legal age in your jurisdiction to form a binding contract with Enjin, or (b) have not received explicit consent from a parent or legal guardian.
2.1 Enjin is a software as a service provider that offers a service and software for anyone and communities, to organize and stay connected through the creation of websites and profiles. Enjin allows you to sign up to Enjin.com where you can interact with other members and users on the Enjin community forums and blogs and other users' personal websites and profiles. You can also create your own profile and or website. Additionally you can join or recruit other players on the Enjin network while signing up to other users' personal websites/communities.
2.1 (A) Network:The Enjin network is described as a service where a user can register or sign up on any Enjin created website, or through Enjin.com directly and will receive an Enjin ID. The network is comprised of Enjin user-created websites, profiles and Enjin.com. Users on the Enjin network can access the network using their Enjin ID and password. Non registered users on the network may have access to parts of the public areas of the network.
2.1 (B) User Profiles: The Enjin user profiles are described as a service that allows a User to provide personalized data, images, statistics,(in relation to their gaming scores) matches, and overall lifestyle to form a personalized profile web page to display throughout the Enjin network. Additionally, other Users can view and post Content on public areas of each profile throughout the Enjin network.
2.1 (C) User Websites: The Enjin user websites are described as a service where the User can create a team site or a special interest community website where other interested Users can register to, and join. The website administrator can add, delete, modify, and edit modular web applications, Content, users and registrations, themes and billing account information through the Enjin Site Creator and Account.
2.1 (D) The Enjin Site Creator: (Web Content Mangement System) is described as a service that allows the management of but not limited to Users, Content, Blogs, themes, modules and pages for their website through a web interface.
2.1 (E) Modular Web Applications: The Enjin Modular Web Applications are described as a service that allows for users to visually and functionally alter their website by adding scripts such as but not limited too; forums, news, roster, server monitoring, and script monitoring.
2.1 (F) Themes: The Enjin Themes are described as layout designs which users can add, remove, and modify from their website theme or front end, with the purpose of direct application to the Enjin Site Creator.
2.1 (G) Enjin Forums: The Enjin Forums are described as a service that facilitates community interaction soley on enjin.com/forums.
2.1 (H) Enjin Blog: The Enjin Blog is described as a service that facilitates interaction between Enjin staff and Enjin Users and a space for official Enjin news and announcments, soley on enjin.com/blog.
2.1 (I) Enjin Support Center: The Enjin Support Center is described as a service that facilitates the response of support queries to Enjin Users, and includes a knowledge base for self service support, soley on enjin.com/support
2.1 (J) Enjin Community: The Enjin Community is described as a service that allows Users to search and find similiar Users, recruit Users for their team, and to search aggregated data for but not limited to lists of teams, members, servers, communities, and games throughout the Enjin network.
2.1 (K) Enjin Custom: Enjin Custom is described as a service that allows users to be billed separately for any additional services or custom changes required of Enjin to supply and limited to each request, and applies to changes for but not limited to: the Service, design, code , rights, branding or other parts of the Service.
2.2 By using the Service you agree that the nature of the Service may change without prior notice.
2.3 By using the Service you agree that Enjin may stop providing the Service without prior notice. You may also stop the Service at any time. If the Service is stopped you may be prevented from accessing the Service, any files or content on the Service, and your account details.
2.4 By using the Service you agree that Enjin may change the number of resources aloted to your account plan such as but not limited to storage space, bandwidth, module count, and user count.
2.5 By using the free account Service you agree that a minimum of one (1) mantadory advertisements will be placed at Enjin's sole discretion on all pages of your profile and website content areas.
2.6 By using the Service you agree that Enjin may change the pricing of the services such as but not limited to themes, modules, plans, and server resource fees.
3.1 In consideration of these Terms, to use our Service you must;
3.1 (A) Be of legal age in your jurisdiction to form a binding contract with Enjin or have explicit consent from a parent or legal guardian.
3.1 (B) Provide valid information when completing our free or paid sign up process (such as email address, name, phone, physical address, and other personal information where requested).
3.1 (C) Only use your account for yourself - shared accounts are not permitted.
3.1 (D) Be responsible for maintaining the security of your account. Enjin is not responsible or liable for any loss or damage of your account information.
3.1 (E) Be responsible for all activity and content that occurs under your account.
3.1 (F) Not block advertising when using the free account services.
3.1 (G) Not post or otherwise make available any unsolicited or unauthorized content, for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction.
4.1
You understand that all information in the form of text, sound, video,
photographs, graphics ("Content"), whether publicly posted or privately
transmitted, is the sole responsibility of the User from which the
Content originated. Under no circumstances is Enjin liable for any
Content, including but not limited to, any errors or omissions in any
Content, or any loss and or damage of any kind incurred as a result of
the Content made available by the Service.
As a User you agree to not:
4.1 (A) Post any Content which violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietry rights.
4.1 (B) Post any Content which contains threatening, abusive, harassing, vulgar, racial or ethnically objectionable, libelous, defamatory or otherwise any unlawful material.
4.1 (C) Solicit in any way to minors.
4.1 (D) Impersonate or misrepresent your age or your affiliation with any person or entity (such as but not limited to, an Enjin offical, forum moderator, clan or guild leader, company official or employee, relatives, and friends).
4.1 (E) Sell any game services (such as in-game items, characters, currency, accounts or powerlevelling) which are prohibited by the game publisher.
4.1 (F) Manipulate any User identifiers in order to mask the origin of any Content transmitted through the Service.
4.1 (G) Post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
4.1 (H) Post any Content or otherwise make publicly available on the Service any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers.
4.1 (I) Post any Content or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; material that contains software viruses, keyloggers or any other computer code, files or programs designed to interrupt, destroy, compromise the security of, or limit the functionality of any computer software or hardware or telecommunications equipment.
4.1 (J) Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
4.1 (K) Disrupt the Service, servers, or networks connected to the Service, or not comply with the requirements, procedures, policies or regulations of networks connected to the Service.
4.1 (L) Intentionally or unintentionally violate any applicable local, state, national or international law.
4.1 (M) Collect or store personal data about other Users from the Service to contact by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications without explicit written consent from the User.
4.1 (N) Create multiple accounts for the purpose of falsifying or manipulating Enjin statistical information such as but not limited to content rating, user reputation, achievement points, member registrations and response.
4.1 (O) Use or attempt to use another Users account, Service or system without authorization from the User, or create a false identity.
4.1 (P) Obtain or attempt to obtain any materials or information through any means not intentially made available through the Service.
5.1 We care about your privacy. For information about our privacy practices please review our privacy policy. By using the Service, you are agreeing to our privacy policy.
6.1 Enjin gives you a personal, worldwide, non-assignable and non-exclusive license to use the Service subject to the terms and conditions of this Terms of Service.
6.2 By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content.
6.3 You agree to not duplicate, claim authorship, prepare derivative works, distribute, copy, sell or reuse any of the designs, html, php, or css of the Service. The designs, html, javascripts, php, and css of the Service are Copyright © Enjin. All rights reserved.
6.4 We claim no intellectual property rights over the Content a User creates or Content that is not created by Enjin that a user makes publicly available through the Enjin network
6.5 We do not pre-screen User Content. We reserve the right to remove any Content at any time and without prior notice that is made available through the Service.
6.6 If you would like to report or make a claim of copyright infringement that complies with international intellectual property and copyright law please contact us at: info [at] enjin.com.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following:
6.6 (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
6.6 (B) a description of such copyrighted work(s) and an identification of the material in such work(s) that is claimed to be infringed;
6.6 (C) a description of the exact name of the infringing work and the location of the infringing work on the Service;
6.6 (D) information sufficient to permit Enjin to contact you, such as your physical address, telephone number and e-mail address;
6.6 (E) a statement by you that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
6.6 (F) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
6.7 You agree Enjin owns all legal rights to the Services, and nothing in the Terms gives you a right to use any of Enjin's trade names, trade marks, service marks, logos,and domain names.
7.1 Acceptance of sub-domain registration is at the sole discretion of Enjin. Enjin may refuse to accept such application if the domain name:
7.1 (A) is currently registered;
7.1 (B) is on the list of reserved domains (this list is not available for public scrutiny);
7.1 (C) is obscene or otherwise deemed to be unsuitable by Enjin in their sole discretion.
7.2 Acceptance of a sub-domain name by Enjin shall not be construed as Enjin approving or agreeing that you have the right to register that name. Sub-Domain names are registered on a first come, first served basis.
7.3 There are a number of domain names (subdomains of
enjin.com domain name) that Enjin has reserved to avoid confusion. They
are such domains as smtp.enjin.com, pop3.enjin.com, etc. Enjin reserves
the right to recognize any registered subdomain of enjin.com domain
name to be a restricted one within 30 (thirty) days from registration,
and terminate or modify the service for the Member who registered this
subdomain.
7.4 Enjin may at their sole option, cancel the registration or suspend registration of the sub-domain name if:
7.4 (A) ordered to do so by a court of competent jurisdiction;
7.4 (B) the use of the sub-domain name is illegal;
7.4 (C) if there is a breach of these terms and conditions;
7.4 (D) the continued use of a sub-domain name could cause technical problems on the Internet;
7.4 (E) the name has been judged to infringe the trademark or other intellectual property of the complainant;
7.4 (F) if Enjin believes that the domain name was registered for use in a "phishing" attack or other illegal activity of any kind;
7.4 (G) if inaccurate or false contact details are provided;
7.4 (H) if the domain is associated with pornography.
8.1 You will be required to provide a valid E-mail address during the free registration process. We will not request any other personally identifiable or billing information at this time.
8.2 By registering for or upgrading to a paid account you may be required to provide valid personally identifiable and billing information (such as your name, email address, physical address, phone number, and credit card).
8.3 For any upgrading or downgrading of plans, your account will be charged a new rate on a new or modified subscription, any unused portion or credits of the previous plan are non-refundable.
8.4 By registering for or upgrading to a paid account you will have the Service bill and charge you on a monthly basis via a monthly subscription service. There are absolutely no refunds or credits for cancellations, downgrades, or upgrades to the Service including unused days.
8.5 By registering for or upgrading to a paid account the Service will create a subscription to your credit card, bank, or Paypal account, which will bill you monthly. If you have a recurring payment scheduled for a day that does not occur in a given month (e.g. the 30th does not occur in February), the payment will be made on the 1st day of the following month. Thereafter, the payment will occur on the 1st of each month.There are no refunds or credits for cancellations, downgrades, or upgrades to the Service including unused months.
8.6 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.
8.7 All fees for the Service are excluding taxes, levies, or duties which are imposed by taxing authorities. You are responsible for payment of taxes, levies, or duties where applicable.
8.8 Items including but not limited to: plans, modules or themes, that are purchasable through Enjin may at a later date change in price or be offered for free to certain users or plans. Enjin is not liable for crediting or refunding users for any previous purchases that have occured 7 days prior to a change in item price.
9.1 Upon your cancellation request, or automated cancelation request due to lack of payment or payment failure, all content may be removed and inaccessible from the Service. The account may be re-activated within 60 days of cancellation.
9.2 You are solely responsible for properly canceling your billing and payment subscription.
9.3 Your cancellation request will be processed immediately and subscription canceled within 2 business days and your website account will be deactivated. Your Enjin ID account will remain active.
9.4. We reserve the right to suspend, terminate, refuse any and all current or future service at our discretion.
10.1 We reserve the right to modify, add, delete, and edit features of the
10.2 The prices of all Services, including but not limited to monthly subscription plans, modules, themes, and domains are subject to change within a 30 day prior notice. Such notice may be provided at any time by posting on Enjin.com or through the Service itself.
10.3 We are not liable to you or any third party for any modification, price change, suspension, or termination of the Service.
10.4 We reserve the right to modify, add, delete, and edit these Terms at any time and at our sole discretion without notice.
10.5 Plans may hold current limitations including but not limited to: Member registration, Bandwidth use, Web space, Page count, Module count. These limitations are subject to change at Enjin's discretion. Overages above each users' limitations can be charged at a user by user rate and charged as an overage fee.
10.6 We reserve the right to initially limit Ultimate plan Users to 100GB of monthly bandwidth and 50GB of web storage and 100,000 users. These limitations can be increased after an initial review of the account.
11.1 Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside (if different from the aforementioned).
12.1 You UNDERSTAND AND AGREE THAT:
13.1 (A) YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENJIN DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.1 (B) ALL AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES TO YOUR COMPUTER SYSTEM, DATA, AND PERSONAL WELL BEING THAT MAY RESULT FROM THE MATERIAL.
13.1 (C) NO INFORMATION, WRITTEN OR ORAL, OBTAINED BY YOU FROM ENJIN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT STATED IN THESE TERMS.
13.1 (D) WE MAKE NO WARRANTY THAT:
13.1 (i) THE SERVICE WILL MEET YOUR DESIRED REQUIREMENTS;
13.1 (ii) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
13.1 (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
13.1 (iv) THE QUALITY OF THE SERVICE, INFORMATION, MATERIAL, OR OTHER SERVICES AND PRODUCTS THROUGH THE SERVICE WILL MEET YOUR EXPECTIONS; AND
13.1 (v) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
13.1 YOU UNDERSTAND AND AGREE THAT ENJIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
13.1 (A) THE USE OR THE INABILITY TO USE THE SERVICE;
13.1 (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
13.1 (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
13.1 (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
13.1 (E) ANY OTHER MATTER RELATING TO THE SERVICE.
14.1 WITH THE INCLUSION OF SECTIONS 13 AND 14, NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ENJIN'S WARRANTY OR LIABILITY FOR THE LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ACCORDANCE, SOME OF THE ABOVE LIMITIONS IN SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
15.1 You agree to idemnify and to hold harmless Enjin, its Users, affiliates, and their respective officers, directors, agents, contractors and employees, against any and all losses, claims, damages and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another to the extent any such losses, claims, damages and expenses are due to the acts or omissions of Enjin, its Users, affiliates, and their respective officers, directors, agents, contractors and employees.
16.1 Part of the Service is advertisement supported. In most cases the advertisements will be targeted to the Content you and your community shares on the Service
16.2 Advertisements and, but not limited to, their delivery, targeting, reach, and placement on the Service, are subject to change upon our discretion.
16.3 You agree that Enjin may place advertisements at their discretion on your advertisement supported Service.
16.4 You agree that Enjin is not liable for any advertisement placed by you or any users in the form of but not limited to, text, image, video, or sound. You agree that Enjin is not responsible or liable to you or any third party for any loss or damange of any sort as a result of any advertisment that is not Enjin managed.
16.5 Your correspondence or business dealings with, or participation in promotions of, advertisers found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Enjin will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
17.1 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.
18.1 Enjin provides official technical support only via the support center http://support.enjin.com. Technical support is prioritized to account holders who are on a subscription plan. Account holders who are on our free plans can request technical assistance but are not guaranteed a time frame of response.
18.2 If you have any questions or concerns of this Terms of Service agreement please submit your query to info [at] enjin.com
18.3 You are not permitted to transfer viruses, hack code, worms, or any other code of destructive nature through the Service.
18.4 Any and all verbal, written, physical, or other abuse by you to any Enjin customer or staff may result in immediate account termination.
18.5 Enjin reserves the right to remove any Content and Accounts which contain Content determined to be unlawful, offensive, libelous, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms at our sole discretion.
18.6 You understand and agree that Enjin utilizes third party resources and vendors to provide necessary technology (such as hardware, software, networking, and storage) required to run the Service.
18.7 If any provision of these Terms are invalid in any court of law, having the jurisdiction to decide the matter, the provision will be removed without affecting the other Terms. The remaining provisions of these Terms will continue to be in effect.
18.8 It may occur that during the use of the Service you may purchase goods or download a software which is provided by a third party. The software or goods are subject to separate terms which Enjin is not responsible or liable. The software or goods used in collaboration with the Service do not affect your legal relationship with these or other entity's Terms.
18.9 The section titles in this Terms of Service agreement is for convenience only and has no legal or contractual effect.
18.10 Enjin's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. This Terms of Service agreement constitutes the entire agreement between you and Enjin and governs your use of the Service. This Terms of Service agreement supersedes any prior agreements between you and Enjin.
18.11 Enjin is a trademark of Enjin Pty Ltd.Violation of Our Terms of Service
If you believe a user on our Site is violating this Terms of Service, please contact info [at] enjin.com.
21.1 (A) Enjin makes available a selection of layouts and headers for Enjin websites (“Themes”). Enjin provides you the ability to purchase themes (“Premium Themes”) for your Enjin website. Enjin also provides you the ability to use free themes for your Enjin website. Enjin hereby grants You a non-transferable, non-exclusive, non-sublicenseable right and license to use and display Free and Premium Themes on Your Enjin Website.
21.2 (B) Purchased Premium Themes may not be transferred between websites or accounts and are subject to the payment terms herein.
21.3 (C) The Enjin Theme Editor and Header Editor allows you to customize layouts and headers to create your own themes for use on your website. (“Custom Theme”). Enjin provides you the ability to contribute Your Custom Themes to the Enjin Theme Community for the purpose of use by other Enjin users.
21.4 (D) Enjin hereby grants you a non-exclusive, non-transferable, non-sublicenseable right and license to access, use, copy, modify and create derivative works of Enjin Themes solely as necessary to create Custom Themes for use on Enjin.
21.5 (E) You hereby grant and agree to grant Enjin an exclusive, perpetual, sublicensable, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Theme contributed by You to Enjin.