Enliven Media Terms & Conditions of Use
Last updated on July 12, 2020
Please read these Terms and Conditions of Use before using or submitting content or agreeing to buy packages and services on the Enliven Media website. By continuing to use Enliven Media, or by submitting content to Enliven Media you agree to abide and be bound, by these Terms and Conditions of Use.
ENLIVEN MEDIA ’s Proprietary Rights
ENLIVEN MEDIA Content is protected by copyrights, trademarks, Website marks, patents, trade secrets and/or other proprietary rights and laws. All materials that are included in, made available on or are otherwise a part of the Website (“ENLIVEN MEDIA Content”), including without limitation any and all articles, blogs, podcasts, audio-books, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Website, are owned or licensed by ENLIVEN MEDIA or its affiliates or subsidiaries.
Your License To Use ENLIVEN MEDIA Content Available On Our Sites
We grant you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to use, view and/or play the ENLIVEN MEDIA Content, unless agreed with the owners and subject to your compliance with these Terms and Conditions of Use. You must not sub-license,
modify paper or digital copies of any materials you have copied in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
ENLIVEN MEDIA Content Disclaimer
ENLIVEN MEDIA Content on our Website is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website (including both ENLIVEN MEDIA Content and User Content) is accurate, complete or up-to-date. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. No assurance is given that the information contained on the Websites will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific products, Websites, opinions, or other information that may appear on the Website.
By using the Website, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Website by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Website do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
ENLIVEN MEDIA SERVICES and Packages
ENLIVEN MEDIA services and packages are offered and priced on the website and will be discussed and agreed on an individual client basis. The pricing is a guide and is subject to change. The special offers have specific terms and caveats which will be set out in a detailed contract if work commences. Once a prospective client is in touch with ENLIVEN MEDIA regarding the detail of the offer and what is entails and expectations.
In connection with your use of the Websites, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of ENLIVEN MEDIA Content or information, software, products or Websites obtained through the Website;
- Violate any applicable local, state, national or international law, rule or regulation or use the Website for any purpose that is prohibited by these Terms and Conditions of Use;
- Manipulate, modify or edit ENLIVEN MEDIA Content or the Website or display the Websites by using framing or similar navigational technology;
- Use the Websites in any manner that could damage, disable, overburden or impair ENLIVEN MEDIA ‘s servers or networks, or interfere with any other user’s use or access to the Website
- Obtain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to the Website or harvest or otherwise collect information about other users without their consent
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY WEBSITES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY ENLIVEN MEDIA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
User Content License Grant to ENLIVEN MEDIA
By submitting your User Content to or on the Website, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise. You also release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant ENLIVEN MEDIA the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release ENLIVEN MEDIA from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow ENLIVEN MEDIA ‘s use of such User Content in accordance with such license.
Advertisements & Sponsored Content
We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
Special Promotion Terms
Occasionally, we may offer the chance to participate in competitions, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Website. Special Promotions may be governed by terms and conditions that are separate from these Terms and Conditions of Use. It is your responsibility to read those Special Promotion terms and conditions to determine the sponsor’s requirements of you in connection with the applicable Special Promotion. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms and Conditions of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.
Links To The Website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other Website.
We reserve the right to revoke any link to any page of the Website or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Website.
Third Party Links
We may provide, or third parties may provide, on or through the Website, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are separate from ENLIVEN MEDIA . We have no control over such third party sites, we are not responsible for the availability of such third party sites and we do not endorse such third party sites. We are not responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites.
The Website is a participant in affiliate marketing programs designed to provide a means for websites to earn advertising fees by advertising and linking to participating advertisers and retailers. This means that we may earn a commission if/when you click on or make purchases via affiliate links. Your communications and dealings with third parties through such links including, without limitation, the payment and delivery of products and Websites, and any terms, conditions, warranties and representations associated with any such communications and dealings, are solely between you and the third party. You access these links at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links.
In addition, you agree to comply with our Posting Guidelines below.
User Generated Content
We are not responsible for any content, images, videos, audio files, ideas, concepts, information or other materials our users publicly post, upload, make available or share while using the Website or, when users access the Website through our social media channels, information available from such users’ social media profiles (each and all of the foregoing, “User Content”). Any content you upload to our Website will be considered non-confidential and non-proprietary.
You will ensure that any User Content which you contribute to the Website will be accurate (where it states facts) and be genuinely held (where it states opinions). While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.
Posting & Contributor Guidelines
When posting information on the Website, contributors are required to treat others with respect and honesty. Post fair, positive and valuable information and not hearsay and information that is not supported by facts.
In addition to the prohibited activities described above, when posting information and media through the Websites, you must not
- Post anything that interferes with or disrupts the Website or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Website;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ENLIVEN MEDIA ;
- Post statements or materials that misrepresent your affiliation with any entity and/or ENLIVEN MEDIA ;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorised advertising or promotional materials, including, without limitation, links to commercial products or Websites or any political campaigning;
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. ENLIVEN MEDIA does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. ENLIVEN MEDIA or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You are responsible for configuring your information technology, computer programs and website in order to access our Website. You should use your own virus protection software.
Website Modification, Suspension Or Termination
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Website with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website for any period.
We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Website. We will not be liable or responsible to you or any third party for such termination. We also reserve the right to investigate suspected violations of these Terms and Conditions of Use. Any violation of these Terms and Conditions of Use may be referred to law enforcement authorities.
Disclaimer Of Warranties
THIS WEBSITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE WEBSITE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENLIVEN MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS WEBSITE;
Limitation Of Liability
ENLIVEN MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless ENLIVEN MEDIA , its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use or any activity related to use of the Website (including negligent or wrongful conduct) by you or any other person accessing the Website via your email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defence of any claim. This section will survive termination of your access to the Website.
Governing Law; Jurisdiction; Arbitration; Commencement of Actions
These Terms and Conditions of Use and the relationship between you and ENLIVEN MEDIA will be governed by English law. You agree that the courts of England and Wales will have non-exclusive jurisdiction.
Any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms and Conditions of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms and Conditions of Use constitute the entire agreement between you and us and govern your use of the Website. These Terms and Conditions of Use supersede and extinguishes any prior agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other Websites, affiliate Websites, or third-party Websites.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use will remain in full force and effect. We shall not be liable for any failure to perform our obligations here under where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Updates To These Terms
We reserve the right to change any terms of these Terms and Conditions of Use at any time without prior notice to you. You agree that our posting of revised Terms and Conditions of Use on our Website will constitute notice to you of such revised Terms and Conditions of Use and that your access or use of the Website after such posting constitutes your agreement to be bound by such changes and the revised Terms and Conditions of Use.
Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Website will be subject to these Terms and Conditions of Use. If you do not agree to any of these terms and conditions, please do not use the Website.