TERMS
OF USE
The Enigma Factory welcomes you to the
"The Enigma Factory" website (the "The Enigma Factory
Site"). Please read these Terms of Use carefully before using
the The Enigma Factory Site. By accessing or using the The Enigma
Factory Site, you agree to be legally bound by these Terms of
Use. If you do not wish to be bound by these Terms of Use, please
do not use the The Enigma Factory Site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
We explicitly disclaim any responsibility
for the accuracy, content, or availability of information found
on sites that link to or from the The Enigma Factory Site. We
cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links
to or from the The Enigma Factory Site or third party content
on the The Enigma Factory Site. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites
or content. We do not make any representations or warranties as
to the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any
claim against us with respect to such sites and third party content.
We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
TERMS OF USE
The The Enigma Factory Site
is controlled and operated by The Enigma Factory Inc. All materials
on the The Enigma Factory Site ("Materials"), including,
without limitation, names, logos, trademarks, service marks, images,
illustrations, audio clips, and video clips, are protected by
copyrights and other intellectual property rights owned and controlled
by The Enigma Factory or by other parties that have licensed their
material to The Enigma Factory. No Material may be copied, reproduced,
republished, modified, uploaded, posted, transmitted, distributed
in any way, or otherwise used for any purpose without the prior
written permission of their respective owners. You may not add,
delete, distort, or otherwise modify the contents on the The Enigma
Factory Site. Any unauthorized attempts to modify any Material,
to defeat or circumvent our security features, or to utilize the
The Enigma Factory Site for other than their intended purposes
are prohibited. Please report to us any material on the The Enigma
Factory Site which you believe may infringe your copyright. If
you wish to contact us, you may e-mail us at info@enigmafactory.com
.
We have provided links to
related sites for your convenience ("Links"). We do
not review or endorse Links in any way whether or not The Enigma
Factory is affiliated with the sponsors of a site. We are not
responsible for the content of Links or any off-site pages linked
to the The Enigma Factory Site. You access such linked sites and
off-site pages at your own risk. It is up to you to take precautions
to ensure that such linked sites that you visit and the information
you select on them are free of viruses, worms, vermin, trojan
horses, and other items of a destructive nature. Visitors to any
Links are urged and expected to abide by the Terms of Use and
Privacy Policies of that particular Link.
You may only use the The Enigma
Factory Site and its contents for lawful purposes and in accordance
with applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through the The Enigma Factory
Site. You may not collect or store personal information regarding
other users. You recognize that storing, distributing or transmitting
unlawful material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have
contributed to the The Enigma Factory Site is unlawful, you will
bear the burden of establishing that it is lawful. You understand
and agree that all materials publicly posted (other than by The
Enigma Factory) or privately transmitted on or through the The
Enigma Factory Site are the sole responsibility of the sender,
not The Enigma Factory, and that you are responsible for all material
you upload, post or otherwise transmit to or through the The Enigma
Factory Site.
Any notes, message/bulletin
board postings, ideas, suggestions, concepts, or other material
submitted to us will become the property of The Enigma Factory
and The Enigma Factory shall be entitled to use such material
for any type of use forever, including in any media whether now
known or hereafter devised. You agree that any submission you
make to us is original with you and accurate. You agree that you
will not submit or otherwise publish through the The Enigma Factory
Site any content, or act in any way, which in The Enigma Factory's
opinion: may constitute libel, defamation, invasion of privacy,
or is obscene, pornographic, abusive, or threatening; may infringe
any intellectual property or other right of any entity or person;
may violate any applicable law or advocates illegal activity;
advertises or otherwise solicits funds or is a solicitation for
goods, services, advertisers or sponsors or otherwise engages
in commercial activity; includes programs which may contain viruses,
worms, or other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunication; or disobeys any policy or regulation
established from time to time regarding use of the The Enigma
Factory Site.
Unless otherwise specified,
the Materials are presented solely for the purpose of informing
users, and for promoting programs, films, and other products.
The The Enigma Factory Site is controlled and operated by The
Enigma Factory from its offices in Hollywood, FL. Those who visit
the The Enigma Factory Site from other locations do so on their
own initiative and are responsible for compliance with all applicable
local laws. You specifically agree to comply with all applicable
laws, including without limitation those concerning the transmission
of technical data exported from USA or the country in which you
reside.
You will indemnify and hold
harmless The Enigma Factory, its parent, affiliated and subsidiary
entities, and the successors, licensees, assigns, officers and
directors of each from and against any and all claims, losses
and damages (including reasonable attorney's fees) constituting
and arising out of a breach of any of the provisions of these
Terms of Use, including without limitation from your placement
or transmission of any content onto The Enigma Factory's servers,
and/or from any and all use of the The Enigma Factory Site.
These Terms of Use shall be
governed by and construed in accordance with the laws of the USA
therein without regard to its provisions regarding conflicts of
law. You agree to submit to the exclusive jurisdiction of the
federal, provincial, and municipal courts located within the USA.
If any provision of these Terms of Use is unlawful, void, or unenforceable,
it will not affect the validity and enforceability of any other
provision. These Terms of Use set forth the entire agreement regarding
all of the matters discussed herein. Because these Terms of Use
are subject to change and you will be legally bound by such changes,
you should periodically visit this section to review the current
Terms of Use. We reserve the right to terminate this agreement
at any time without notice for any reason.
Copyright 2005 ·
The Enigma Factory Inc. · All Rights Reserved
The Enigma Factory - Privacy Policy
The Enigma Factory respects the privacy concerns of users of
this website. As a general rule, no personal information is automatically
collected from users of the The Enigma Factory Site. Personally
identifiable data about users of the The Enigma Factory Site are
known to The Enigma Factory only when voluntarily submitted by
users of the site. However, certain non-personal information of
users (for example, the type of browser being used, the operating
system used by the user and the domain name of the user's Internet
service provider) is collected. This information is primarily
used for internal purposes, but only in an aggregate form (individual
users cannot be identified). Personally identifiable information
may be collected from users of the The Enigma Factory Site when
users voluntarily provide this information. All such personal
information is retained by The Enigma Factory and is not sold
or otherwise transferred by The Enigma Factory unless the express
consent to do so has been obtained or if The Enigma Factory is
required by law or by a court or governmental order to disclose
such information in a particular circumstance. This information
is used by The Enigma Factory to better understand usage patterns
and to enhance user enjoyment of the The Enigma Factory Site.
Aggregate information may be shared with advertisers; however,
as is set forth more fully below, no data concerning users under
the age of 13 is ever used. The Enigma Factory sometimes uses
e-mail addresses and other personally identifiable information
to contact users who provide their e-mail addresses for specific
purposes. Each communication will contain instructions on how
to discontinue receipt of such communications.
Children under the age of thirteen (13) should not provide any
personally identifiable information on this site without the knowledge
and permission of his or her parent or guardian. In the event
that The Enigma Factory determines that a user of this site is
under the age of 13, The Enigma Factory will not maintain or use
any personally identifiable information about such user without
the consent of his or her parent or guardian, except as allowed
by law. The Enigma Factory may collect personally identifiable
information directly from visitors on this site who may be under
the age of 13. However, The Enigma Factory does not collect this
information without the knowledge of the visitor.
By using the The Enigma Factory Site, you signify your consent
to this Privacy Policy. If you do not agree to the terms of this
policy, please do not use the The Enigma Factory Site. The Enigma
Factory reserves the right, at their sole discretion, to change,
modify, add or remove portions of this policy at any time. Please
check this page periodically for changes. Your continued use of
the The Enigma Factory site following the posting of changes to
these terms will mean that you accept those changes.
Individuals with questions
about this policy should please contact: The Enigma Factory at
info@enigmafactory.com
All
contents ™ and © 2007 The Enigma Factory, Inc.,
unless otherwise noted herein. All rights reserved.
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