Terms of Use
Effective Date: June 25, 2024
I. INTRODUCTION
These Terms of Use (“Terms”) for Enjoyer Media Inc. (“Enjoyer,” “us,” “we,” “our”) apply when you visit our Website at https://enjoyer.com/ or interact with us online, including by using our online contact form (collectively, “Website”). These Terms and our Privacy Policy constitute the entire agreement between you and Enjoyer and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Enjoyer with respect to this Website.
Please read these Terms carefully before accessing or using our Website. Your use of the Website is subject to these Terms, to our Privacy Policy, and to all applicable laws and regulations. By using our Website, you agree with the terms of the Privacy Policy and these Terms of Use. If you do not agree with our Policy or Terms, please discontinue use of our Website immediately. We reserve the right to terminate, suspend, discontinue, or refuse access to our Website at any time for any reason, and to take such action as we believe necessary, in our sole discretion, for the benefit of Enjoyer or any of our users. We reserve the right to modify these Terms without advance notice as described below.
BY USING OUR WEBSITE, YOU ARE ENTERING INTO THIS AGREEMENT WITH ENJOYER AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, AND YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ENJOYER WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, PURSUANT TO THESE TERMS.
II. ACCESS TO OUR WEBSITE
Access to our Website is provided free of charge, although we reserve the right to make some content, such as our newsletter, available only to subscribers. Your access to our Website does not create any professional relationship with us. Our Website is provided solely for your personal, non-commercial use.
Unless explicitly authorized in these Terms or by Enjoyer, you may not modify, copy, reproduce, republish, transmit, translate, post, upload, sell, exploit, distribute, or create derivative works in any manner or form from the Website.
Your use of the Website is at your own risk. We are not responsible if any content, including articles, blogs, and newsletters, made available on the Website is not accurate, complete or current. We reserve the right to modify or update the content on our Website at any time, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to the Website.
III. REPRESENTATIONS AND WARRANTIES
By using our Website, you represent, warrant, and agree as follows:
1. You meet the age requirement set forth in these Terms.
2. The Website is for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of or access to the Website, or any Personal Information or other data obtained through the Website without our prior written permission.
3. You will only use our Website for lawful purposes. You may not use our Website for transmitting, storing, or distributing any material that is illegal, fraudulent, harmful, or unauthorized, as we may determine in our discretion.
4. You will comply with all applicable laws and regulations at all times in using our Website.
5. You will not interfere with, impede, or otherwise obstruct or harm the proper operation of the Website. You will not upload or transmit any malware, worms, viruses, or code of a destructive nature on our Website. You will not data mine, monitor, copy, reverse engineer, modify, mirror, adapt any part of the Website, or engage in any other unauthorized conduct, whether through an automated or manual process.
6. In the event we need to authenticate your identity, you will provide us whatever proof of identity we may reasonably request.
7. You will not use our Website if you have been suspended from use or are otherwise not authorized to use the Website.
8. You will not remove, conceal, or alter any copyright, trademark, or other proprietary notice on the Website.
IV. COMMUNICATIONS AND ELECTRONIC SIGNATURES
As part of your use of our Website, you consent to receive electronic notifications from us. You may opt-out of or unsubscribe from receiving certain notifications by completing the opt-out process provided in each message or emailing us at hello@enjoyer.com. By doing so, you understand that we may not be able to communicate certain information to you. In some instances, there may still be a need for us to contact you even if you have opted-out from other messages.
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
V. THIRD PARTY CONTENT
Certain content available through our Website may include material from third parties. Features or third party links on the Website may direct you to third party websites that are not affiliated with Enjoyer, for instance, if you enter our online shop. We are not responsible for reviewing or assessing the content or accuracy of these third party websites. We do not provide any warranty and will have no liability or responsibility for any third party materials or websites. We encourage you to read the privacy policies and terms of use for any third party websites with which you engage as your activities on those sites will be subject to those requirements.
VI. INTELLECTUAL PROPERTY
Content, Software, and Trademarks. You acknowledge and agree that our Website may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as we expressly permit, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on our Website, in whole or in part. You may not access our Website through robots, scraping tools, or similar data-extraction methods.
The Enjoyer name and logo are trademarks of Enjoyer. To the extent there may be names and logos other than those of Enjoyer displayed on our Website, those may be the trademarks or service marks of their owners who may or may not be affiliated with us. Nothing in these Terms or on our Website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Enjoyer trademarks displayed through our Website without our prior written permission in each instance. All goodwill generated from the use of our trademarks will inure to our exclusive benefit.
Third Party Material. We will not be liable under any circumstance for any third party content, including any errors or omissions in such content, or for any loss or damage of any kind incurred as a result of your use of such content. You acknowledge and agree that we have no duty to review content but that we and our designees have the right and sole discretion to refuse access to or remove any content accessible through our Website. Thus, we may remove any content that violates these Terms or which we deem to be objectionable. You acknowledge that it is your responsibility to understand and assess any risks associated with your use of any content.
Questions and Other Information. You acknowledge and agree that any questions, comments, suggestions, ideas, requests, and other information about our Website (“comments”), provided by you to us, including through hello@enjoyer.com, are not confidential, and we are and shall be entitled to the unrestricted use and disclosure of these comments for any purpose, commercial or otherwise, without compensation or any acknowledgment of you. You acknowledge and agree that we may preserve content and may also disclose content or comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with our obligations to respond to legal process, applicable laws or government requests; (b) enforce these Terms or our Privacy Policy; (c) respond to third party claims that content violates such third party rights; or (d) protect the rights, property, or personal safety of Enjoyer, its officers, directors, employees, users, affiliates, and the public.
VII. CHILDREN UNDER 18
We take children’s privacy seriously. By accepting these Terms through your use of our Website, you represent and certify that you are 18 years of age or older. If you are under the age of 18, you are not permitted to use our Website.
VIII. SUBSCRIPTION
To obtain full access to our newsletter, you may be required to sign-up for a subscription and provide such identifying information as your name and email address. It is a condition to your use of our Website that all information you provide be complete, accurate, and current. Failure to provide complete, accurate, and current information may result in your prohibition from accessing the Website. You may not transfer this subscription to any other person or entity.
IX. LIABILITY
RELEASE AND INDEMNIFICATION. You agree to release, indemnify, and hold harmless Enjoyer, our affiliates, officers, employees, directors, owners, members, shareholders, and agents from any and all liabilities, losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Website, your violation of these Terms or the Privacy Policy, your violation of the rights of another person or entity, your violation of any law or regulation, or violation of any proprietary or privacy right.
DISCLAIMER. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ENJOYER MAKES NO WARRANTY THAT: (I) OUR WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR OMISSIONS; (III) THE CONTENT THAT MAY BE ACCESSIBLE THROUGH OUR WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENJOYER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE OUR WEBSITE; (II) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (IV) STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (V) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ENJOYER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE NOT SATISFIED WITH ANY PART OF OUR WEBSITE OR WITH THESE TERMS OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF OUR WEBSITE.
X. MISCELLANEOUS
Modification. We may modify these Terms at any time. We will post the changes on our Website and any such changes shall become effective on the date they are first posted to the Website. Your continued use of our Website after the date such changes become effective constitutes your acceptance of these updated Terms. It is your responsibility to return to these Terms from time to time to review the most current version. Enjoyer does not and will not assume any obligation to notify you of changes to these Terms.
Governing Law. Terms will be governed by the laws of the State of Michigan without regard to conflict of law provisions. With respect to any disputes arising out of your use of this Website, you and Enjoyer agree to submit to the personal and exclusive jurisdiction of the local and federal courts in Michigan. We may assign or transfer these Terms, in whole or in part, without restriction.
No Waiver. The failure of Enjoyer to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
United States Only. Our Website is intended for use primarily in the State of Michigan. We make no representation that the materials on the Website are appropriate or available for use outside the United States. If you use our Website outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Severability. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be affected and such provisions shall remain in full effect.
Claim Limitations. You agree that, regardless of any law to the contrary, any claim or cause of action arising out of the use of our Website or these Terms or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
XI. CONTACT
For general questions or questions about these Terms, you may contact us at hello@enjoyer.com.
