Terms & Conditions
This is a contract between you and ContentWalla Systems, LLC, the parent entity that operates the ee(n)genious.com site, applicable when you use our sites, services, mobile applications, products, and content, globally, in existence now or in the future.
Ee(n)genious, a division of ContentWalla Systems LLC., operates public-facing websites, as well as makes the same or similar content available to mobile users, and various social media.
Access to the site is provided free of charge and does not create a professional services relationship with ee(n)genious; this content is provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the site, nor transfer to or store any data residing or exchanged over the site in any electronic network for use by more than one user unless you obtain prior written permission from us. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites. You can request permission to reproduce or distribute materials by writing to us at firstname.lastname@example.org.
By posting or transferring content to ee(n)genious, you give us permission to use your content without limitation, which includes storing, displaying, reproducing, and distributing your content. This may include promoting your content with partner companies or services for broader broadcast, distribution, or publication.
We will never sell your content to third parties without your explicit permission.
By publishing on ee(n)genious, you agree to allow others to view your content. we have the right (though no obligation) to refuse or remove any content you post or transfer to ee(n)genious for any reason.
For any images, text, data or other content you submit to ee(n)genious (including profile information, blog posts, chat room or forum pages, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the content and you grant to ee(n)genious and anyone authorized by us, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the site and/or services provided. You also grant to each user of the site a non-exclusive license to access the content through the site and to use, reproduce, distribute, display such content as permitted through the functionality of the sites and under this agreement.
For any content you post that you do not own, you guarantee to us that you have the legal right to post such content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.
Our products are protected by United States trademark and copyright law and other applicable law and are the property of ContentWalla Systems, LLC. All other copyrights and trademarks that are used or referred to in the site and other products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or any third party. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.
Opinions and other statements expressed by users and third parties on our site are theirs alone. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. Our site and third parties may provide links to web pages, web sites, and various resources or locations on the web. We have no control over the information you access via such links, do not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
YOU EXPRESSLY AGREE THAT THE USE OF OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.
NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH ee(n)genious ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM ee(n)genious NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED,ee(n)genious MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THE SITES. YOU AGREE THAT NEITHER ee(n)genious, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER,ETC.), AND NEITHER ee(n)genious NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
NEITHER ee(n)genious, NOR CONTENTWALLA SYSTEMS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER ee(n)genious WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, ee(n)genious’s LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
Ee(n)genious assumes no responsibility or liability arising from the content of the site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the site or accessed through the site. We do not warrant that the functions or informational materials contained in or accessed or downloaded through our site are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our sites periodically, we do not have a duty to update information contained in our sites, and we will not be liable for any failure to update such information.
Ee(n)genious makes no representation that information content provided on the site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Indemnification: You agree to indemnify, defend and hold ee(n)genious, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the site.