BY ACCESSING AND USING THE APPLICATIONS IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THE APPLICATIONS IN ANY MANNER.
ENJOYMIUM may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Applications, following the posting of any changes, will signify your acceptance of those changes.
In an effort to continually improve the Applications and its usefulness to you, we may from time to time provide bug fixes, updates, upgrades and other modifications to the Applications (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to stop using the Applications. In the event that ENJOYMIUM makes such changes, these Terms shall apply to the new services and to any changes to existing services.
To use certain parts of the Applications, you will be asked to provide information about yourself, such as your name, e-mail address, password, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ENJOYMIUM immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ENJOYMIUM or any other user of or visitor to the Applications due to the use of your username, password, or account by another person.
You may not use anyone else's ENJOYMIUM ID, password, or account at any time without the express permission and consent of the holder of that ENJOYMIUM ID, password, or account. ENJOYMIUM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and the arrangement of such Content, contained on the Applications is owned, controlled, or licensed by ENJOYMIUM. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), ENJOYMIUM hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use. ENJOYMIUM reserves all rights to Content not expressly granted herein.
While using the Applications, you may NOT do the following:
In attempting to provide you with comprehensive and useful resources, the Applications may contain links to third-party websites, applications, or services which are not under the control of ENJOYMIUM. ENJOYMIUM is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. ENJOYMIUM is providing these links to you only as a convenience, and the inclusion of any link does not imply that ENJOYMIUM endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of the Applications, you may be made aware of services, products, offers, and promotions provided by third parties, and not by ENJOYMIUM. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not ENJOYMIUM, is responsible for the performance of the third-party services or products.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE APPLICATIONS OR LINKED FROM THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND ENJOYMIUM AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ENJOYMIUM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APPLICATIONS. ENJOYMIUM AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE APPLICATIONS OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. ENJOYMIUM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATIONS WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, ENJOYMIUM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY ENJOYMIUM, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENJOYMIUM (OR ENJOYMIUM’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF ENJOYMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE APPLICATIONS, REMOVAL OR TERMINATION OF THE APPLICATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE APPLICATIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE APPLICATIONS, OR ANY OTHER MATTER RELATING TO THE APPLICATIONS. IN NO EVENT SHALL ENJOYMIUM’S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATIONS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO ENJOYMIUM DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR € 100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
You shall indemnify, defend, and hold harmless ENJOYMIUM, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Applications. ENJOYMIUM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.
ENJOYMIUM reserves the right at all times to disclose any information that ENJOYMIUM deems necessary to comply with any applicable law, regulation, legal process, or governmental request. ENJOYMIUM may also disclose your information when ENJOYMIUM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
This Agreement shall be exclusively construed, and the legal relations between the parties hereto shall be interpreted, in accordance with the laws of the Netherlands.
The competent courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement.
ENJOYMIUM may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and ENJOYMIUM regarding this subject matter, and they govern your use of the Applications. The failure of ENJOYMIUM to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Applications or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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ENJOYMIUM revised these Terms on May, 2019.