Enguild Legal Terms and
Conditions for use of provided Services
1. Your relationship with Enguild
Your use of Enguild’s
products, software, services and web sites (referred to collectively as the
“Services” in this document) is subject to the terms of a legal agreement
between you and Enguild. “Enguild”
means Enguild AB, whose principal place of business
is at Ögonmåttsgatan 1, SE-421 72 Västra
Frölunda, Sweden. This
document explains the agreement, and sets out some of the terms and conditions
of that agreement. You are obliged to accept the agreement before use of the
Services.
Your agreement with Enguild
will always include, at a minimum, the terms and conditions set out in this
document unless otherwise agreed in writing with Enguild.
These are referred to below as the “General Terms”. For all Services provided
by Enguild, the General Terms will be accessible for
you to read either during installation of that Service, or through your use of,
that Service.
Your agreement with Enguild
will also include the terms of any Legal Notices applicable to the Services, in
addition to the General Terms. All of these are referred to below as the “Additional
Terms”. For all services where Additional Terms (for example specific software
licenses) are applicable, these will be accessible for you to read either during
installation of that Service, or through your use of that Service.
The General Terms, together with the Additional Terms,
form a legally binding agreement between you and Enguild
in relation to your use of the Services. It is important that you take the time
to read them carefully. Collectively, this legal agreement is referred to below
as the “TOS”.
If there is any contradiction between what the Additional
Terms say and what the General Terms say, then the Additional Terms shall take
precedence in relation to that Service.
Where Enguild has provided
you with a translation of the English language version of the TOS, then you
agree that the translation is provided for your convenience only and that the
English language versions of the TOS will govern your relationship with Enguild.
If there is any contradiction between what the English
language version of the TOS says and what a translation says, then the English
language version shall take precedence.
2. Accepting the TOS
In order to use the Services, you must first agree to
the TOS. You may not use the Services if you do not accept the TOS.
You can accept the TOS in any of the following ways:
a)
clicking to accept
or agree to the TOS, where this option is made available to you by Enguild in the user interface for any Service, or
b)
by actually using the Services. In this case, you
understand and agree that Enguild will treat your use
of the Services as acceptance of the TOS from that point onwards.
You may not use the Services and may not accept the TOS
if
a)
you are not of
legal age to form a binding contract with Enguild, or
b)
you are a person barred from receiving the Services under
the laws of Sweden or other countries including the country in which you are
resident or from which you use the Services.
Before you continue, you should print or save a local
copy of these General Terms for your records.
3. Provision of the Services
Enguild is constantly developing its Services. You acknowledge and agree that the
form and nature of the Services which Enguild
provides may change without prior notice to you.
As part of this development, you acknowledge and agree
that Enguild may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally at Enguild’s sole discretion, without prior
notice to you.
You acknowledge that Services provided by Enguild may cause your computer to store material
(permanently or temporarily) provided by other users and that Enguild has no responsibility (to you or to any third
party) for any content stored by the Services on your computer.
If the Service is of the nature that you need an
account in any way, you acknowledge and agree that if Enguild
disables access to your account, you may be prevented from accessing the
Services, your account details or any content which is contained in your
account.
You acknowledge and agree that Enguild
at any time and in any way may restrict your access to any Service.
You may stop using the Services at any time. You do
not need to specifically inform Enguild when you stop
using the Services.
4. Use of the Services by you
You agree to use the Services only for purposes that
are permitted by
a)
the TOS and
b)
any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions (including any laws regarding the
export of data or software to and from the Sweden or other relevant countries).
This includes obeying any copyright laws applicable in Sweden, your country of
residence, the copyright owner’s country of residence and other relevant countries.
You agree that you will not engage in any activity
that interferes with or disrupts the Services in any way.
Unless you have been specifically permitted to do so
in a separate agreement with Enguild, you agree that
you will not reproduce, duplicate, copy, sell, trade or resell the Services, including
any software related to the Services, for any purpose.
You agree that you are solely responsible for (and
that Enguild has no responsibility to you or to any
third party for) any breach of your obligations under the TOS and for the
consequences (including any loss or damage which Enguild
may suffer) of any such breach.
5. Your passwords and account
security
You agree and understand that you are responsible for
maintaining the confidentiality of passwords associated with any account you
use to access the Services.
Accordingly, you agree that you will be solely
responsible to Enguild for all activities that occur
under your account.
If you become aware of any unauthorized use of your
password or of your account, you agree to notify Enguild
immediately via email to the address account_violation@enguild.com.
6. Content in the Services
You understand that by using the Services you may be
exposed to Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
You understand that all information (such as binary files,
written text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as part of,
or through your use of, the Services are the sole responsibility of the person or
company from which such content originated. All such information is referred to
below as the “Content”.
You should be aware that Content presented to you as
part of the Services, including but not limited to advertisements in the
Services may be protected by intellectual property rights which are owned by
the advertisers who provide that Content to Enguild
(or by other persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told that you
may do so by Enguild or by the owners of that
Content, in a separate agreement.
You agree that you are solely responsible for (and
that Enguild has no responsibility to you or to any
third party for) any Content that you create, transmit or display while using
the Services and for the consequences of your actions (including any loss or
damage which Enguild may suffer) by doing so.
7. Proprietary rights
You acknowledge and agree that Enguild
(or Enguild’s licensors) own all legal right, title
and interest in and to the Services, including any intellectual property rights
which subsist in the Services (whether those rights happen to be registered or
not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Enguild, nothing in the TOS gives you a right to use any of
Enguild’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features. This includes any trademarks,
service marks, logos, domain names used by web sites
which use Enguild’s services or provide services
based on the Services provided by Enguild.
You agree that you shall not remove, obscure, or alter
any proprietary rights notices (including copyright and trade mark notices)
which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in
writing by Enguild, you agree that in using the Services,
you will not use any trademark, service mark, trade name, logo of any company
or organization in a way that is likely or intended to cause confusion about
the owner or authorized user of such marks, names or logos.
8. License from Enguild
Enguild gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by Enguild as part of the Services as provided to you by Enguild (referred to as the “Software” below). This license
is for the sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by Enguild, in the manner
permitted by the TOS.
You may not in any way (either by yourself or with
help from anyone else) copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the source code of the
Software or any part thereof, unless this is expressly permitted or required by
law, or unless you have been specifically told that you may do so by Enguild, in writing.
Unless Enguild has given you
specific written permission to do so, you may not assign (or grant a
sub-license of) your rights to use the Software, grant a security interest in
or over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software.
9. Content license from you
You retain copyright and any other rights you already
hold in Content which you submit, post or display on or through, the Services.
You understand that Enguild,
in performing the required technical steps to provide the Services to our
users, may
a)
transmit or
distribute your Content over various public networks and in various media; and
b)
make such changes to your Content
as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. You agree that
this license shall permit Enguild to take these
actions.
You confirm and warrant to Enguild
that you have all the rights, power and authority necessary to grant the above
license.
10. Software updates
The Software which you use may automatically download
and install updates at any given time from Enguild or
its partners. The purpose is to improve, enhance and further develop the
Services. You agree to receive such updates (and permit Enguild
to deliver these to you) as part of your use of the Services.
11. Ending your relationship
with Enguild
The TOS will continue to apply until terminated by
either you or Enguild as set out below.
If you want to terminate your legal agreement with Enguild, you may do so by
a)
notifying Enguild at any time and
b)
closing your accounts for all of the
Services which you use, where Enguild has made this
option available to you. Your notice should be sent, in writing, to Enguild’s address which is set out at the beginning of
these TOS. The notice should include your username for the Services that you
are registered to use.
Enguild may at any time, terminate its legal agreement with you if:
a)
you have breached
any provision of the TOS (or have acted in manner which clearly shows that you
do not intend to, or are unable to comply with the provisions of the TOS)
b)
Enguild is required to do so by law (may
be due to local changes in laws that are applicable to you or the Services)
c)
the partner with
whom Enguild offered the Services to you has
terminated its relationship with Enguild or ceased to
offer the Services to you
d)
Enguild makes a decision to stop
providing the Services to some or all its users for any reason that is
determined by Enguild. Enguild
do not need to inform you of the reason why the Services are terminated.
Nothing in this Section shall affect Enguild’s rights regarding provision of Services under
Section 3 of the TOS.
When these TOS come to an end, all of the legal
rights, obligations and liabilities that you and Enguild
have benefited from, been subject to (or which have accrued over time whilst
the TOS have been in force) or which are expressed to continue indefinitely, shall
be unaffected by this cessation, and legal matter arising shall be handled
according to section 17.
12. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS OF SERVICE (TOS), INCLUDING
SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT ENGUILD’S WARRANTY OR LIABILITY FOR
LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF SERVICE, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH
ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS
IS" AND “AS AVAILABLE.”
IN PARTICULAR, ENGUILD, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ENGUILD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
ENGUILD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN SECTION 12 ABOVE, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ENGUILD, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
I. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU
AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
II. ANY CHANGES WHICH ENGUILD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
III. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE
SERVICES;
IV. YOUR FAILURE TO PROVIDE ENGUILD WITH ACCURATE ACCOUNT INFORMATION;
V. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
THE LIMITATIONS ON ENGUILD’S LIABILITY TO YOU IN THE PARAGRAPH
ABOVE SHALL APPLY WHETHER OR NOT ENGUILD HAS BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Advertisements
Some of the Services are supported by advertising
revenue and may display advertisements and promotions. These advertisements may
be targeted to the content of information stored on the Services, queries made
through the Services or other information.
The manner, mode and extent of advertising by Enguild on the Services are subject to change without
specific notice to you.
In consideration for Enguild
granting you access to and use of the Services, you agree that Enguild may place such advertising on the Services.
15. Other content
The Services may include hyperlinks to other web sites
or content or resources. Enguild may have no control
over any web sites or resources which are provided by companies or persons
other than Enguild.
You acknowledge and agree that Enguild
is not responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other materials on
or available from such web sites or resources.
You acknowledge and agree that Enguild
is not liable for any loss or damage which may be incurred by you as a result
of the availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such web sites
or resources.
16. Changes to the TOS
Enguild may make changes to the General Terms or Additional Terms at any time.
When these changes are made, Enguild will make a new
copy of the General Terms available at http://www.enguild.com/documents.htm and you will be notified of any new Terms from within, or through, the
affected Services.
You understand and agree that if you use the Services
after the date on which the General Terms or Additional Terms have changed, Enguild will treat your use as acceptance of the updated General
Terms or Additional Terms.
17. General legal terms
Sometimes when you use the Services, you may (as a
result of, or through your use of the Services) use a service or download a
piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to
separate terms between you and the company or person concerned. If so, the TOS
do not affect your legal relationship with these other companies or
individuals.
The TOS constitute the whole legal agreement between
you and Enguild and govern your use of the Services
(but excluding any services which Enguild may provide
to you under a separate written agreement), and completely replace any prior
agreements between you and Enguild in relation to the
Services.
You agree that Enguild may
provide you with notices, including those regarding changes to the TOS, by
email, regular mail, or postings on the Services.
You agree that if Enguild
does not exercise or enforce any legal right or remedy which is contained in
the TOS (or which Enguild has the benefit of under
any applicable law), this will not be taken to be a formal waiver of Enguild’s rights and that those rights or remedies will
still be available to Enguild.
If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these TOS is invalid, then that
provision will be removed from the TOS without affecting the rest of the TOS.
The remaining provisions of the TOS will continue to be valid and enforceable.
You acknowledge and agree that each member of the
group of companies of which Enguild is the parent
shall be third party beneficiaries to the TOS and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of the TOS
which confers a benefit on (or rights in favor of) them. Other than this, no
other person or company shall be third party beneficiaries to the TOS.
The TOS, and your relationship with Enguild under the TOS, shall be governed by the laws of Sweden
without regard to its conflict of laws provisions.
You and Enguild agree to submit to the exclusive
jurisdiction of the courts located in Gothenburg, Sweden to resolve any legal
matter arising from the TOS. Notwithstanding this, you agree that Enguild shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.