TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the Ennface.com web site or the Falls puzzle game (collectively, the “Service”). These Terms govern your access to and use of the Service, including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of the Service). These Terms exempt Ennface Inc. (“Ennface,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.
Your use of the Service is conditional on your acceptance of these Terms. By visiting or using the Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to the Service. You also acknowledge that you have read and understand our privacy statement available at https://ennface.com/privacy/(the “Privacy Statement”).
If you do not agree to abide by these Terms, you cannot use the Service or register to become a member of the Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to the Service. It is your responsibility to check these Terms each time you access the Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of the Service immediately. Your continued use of the Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of the Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Service, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Service; (b) removing, adding, modifying or otherwise changing any fees or charges arising out of use of the Service or any features of the Service; and (c) removing, adding, modifying or otherwise changing any Content on the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Service at any time without notice, but confirm that we have no duty to do so.
To use the Service, you must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you use the Service.
2. Limited Licenses
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
(b) resell any Content or include any Content in or with any product that you create or distribute;
(c) copy any Content onto your own or any other web site or into a database or mobile application;
(d) use the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Service (including without limitation uploading, posting or otherwise transmitting on the Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of the Service);
(e) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Service or the Content in whole or in part;
(f) use the Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or
(g) interfere with any other persons’ use and enjoyment of the Service or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, Ennface may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of the Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
3. Membership and Accounts
To become a registered user of the Service (to be a “User”), you must register for an account to become a member of the Service:
(a) Submission of such registration information does not guarantee that you will be granted membership to use the Service. Any personal information which Ennface collects via the Service is collected in accordance with our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
(b) You should not share your User name or password with any other person. You acknowledge and agree that you are responsible for all activity occurring under your User account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately at [email protected] of any unauthorized use of any password or User account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any User account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
(c) If you become aware of an unauthorized access to your account and you feel the unauthorized access is detrimental to your usage of Ennface, notify us immediately. You agree to notify us promptly of any unauthorized use of your account and you will remain liable for any use of the Service to the extent permitted by law.
(d) You must not use the Service in any manner that is unlawful (including by accessing the Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, including the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct, or is otherwise objectionable or which does not respect the legal rights and interests of others.
(e) The Service may include advertisements, which may be targeted to content or information on the Service, queries made through the Service, or other information, in an effort to make them relevant to you. The types and extent of advertising by Ennface are subject to change. In consideration for Ennface granting you access to and use of the Service, you agree that Ennface and its third party providers and partners may place such advertising on the Service.
4. License and Permission to Use Your Content
In these Terms, “Postings” refer to the text, images, questions, comments, or other information posted by a User through the Service.
By submitting, posting, or displaying Postings on the Service, you grant Ennface and its aﬃliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Postings in connection with the operation or use of the Service or the promotion, advertising or marketing of the Service or our business partners, in any and all media or distribution methods (now known or later developed). This license also includes the right for other users of the Service to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public your Postings, subject to these Terms.
You represent and warrant to us that you own, or you have obtained all licenses or permissions from any necessary parties, to use Postings that you submit to Ennface and that these Postings violate no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your Postings.
You acknowledge and agree that Ennface may preserve your Postings and may also disclose your Postings and related information 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 legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of your Postings violate the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Ennface, its Users, or the public.
You understand that we may modify, adapt, or create derivative works from your Postings in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish your Postings, in whole or part, at any time.
5. Transaction Terms
(a) Your use of certain services provided within the Service may be contingent upon your payment of fees, as such fees are set out in the Service and as amended from time to time. Please note that prices and charges associated with the Service are set out in US dollars.
(b) Ennface (or a third party payment processor on our behalf) will invoice you on a per transaction basis for all fees due with respect to the Service, as well as any processing fee charged to Ennface by our third party payment processor, if applicable.
(c) Payments may be processed on behalf of Ennface by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor. Personal information that you submit during the payment process is subject to our Privacy Statement.
(d) You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address.
(e) Ennface reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Ennface reserves the right to limit the Service provided to any user. Ennface also reserves the right at any time to reject, cancel or terminate any transaction.
6. Proprietary Rights
The Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Service (including any element of the Content) by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Service and to prevent any unauthorized copying, redistribution, reproduction or modification of the Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Service, including without limitation “Ennface,” constitute trademarks, trade names, trade dress and associated products and services of Ennface or its affiliates (the “Marks”) or constitute trademarks, trade names, trade dress and associated products and services of Ennface suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on the Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Ennface or such third party, as applicable, is strictly prohibited.
7. Linked Services
Certain links on the Service or in Postings made or shared through the Service may take you to other web sites that are not owned or operated by Ennface. Ennface provides these links only as a convenience. Ennface is not responsible for the content of any such linked web sites. Ennface makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to the Service. However, you agree that if you link to the Service your website shall not (a) alter the visual presentation of the Service; (b) imply that Ennface is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and Ennface without the prior written consent of Ennface; (d) misrepresent the relationship of you or any other person with Ennface or present false, misleading or otherwise damaging information or impressions about Ennface or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will Ennface provide any form of remuneration for any links you may make to the Service.
8. Privacy Statement
Any personal information which Ennface collects via the Service is collected in accordance with Ennface’s PrivacyStatement available at https://ennface.com/privacy/. When you interact with the Service, you agree that information about you and your use of the Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
9. User Communications
Any non-identifiable information gathered by us through your use of the Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of the Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
10. User Submissions (Solicited and Unsolicited)
(a) Subject to any applicable law and the requirements of our Privacy Statement:
(i) We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
(ii) Any communications sent by you to us via the Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Ennface and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(b) We are not obliged to monitor, screen, police or edit your use of the Service, including any Postings or other content you or others may contribute to the Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of the Service, including without limitation use that constitute copyright infringement.
We make no representation or warranty and there are no conditions of any kind regarding the Service, any Users, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Content or the Postings from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content or Postings obtained from or through the Service contrary to Canadian law is also prohibited. If you access the Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that the Service (including without limitation the Users, the Content and the Postings) is provided on an “AS IS” an “AS AVAILABLE” basis and that any use of or reliance on the Service shall be at your sole risk. We do not screen or censor the Postings.
ENNFACE AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICE (INCLUDING THE USERS, CONTENT OR POSTINGS). FOR GREATER CERTAINTY, ENNFACE DOES NOT WARRANT THAT THE SERVICE WILL (a) MEET YOUR REQUIREMENTS, (b) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (c) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (d) CONTINUE TO OPERATE, (e) OPERATE WITHOUT INTERRUPTIONS, OR (f) BE ERROR-FREE.
12. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL ENNFACE AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “ENNFACE REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICE, THE USERS, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE SERVICE, THE USERS, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, USERS, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY ENNFACE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT ENNFACE ACTS AS TRUSTEE FOR THE ENNFACE REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A ENNFACE REPRESENTATIVE. ENNFACE AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH ENNFACE REPRESENTATIVE.
You will indemnify and hold the Ennface Representatives harmless from and against any claims brought by third parties arising out of your use of this site, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that the Ennface Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Ennface Representatives in connection therewith.
14. Choice of law
You agree that all matters relating to the access to, or use of, the Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to the Service, these Terms, any transaction through the Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
15. Termination of Use
If you breach any provision of these Terms, then you may no longer use the Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Ennface. You and Ennface are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Ennface and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at [email protected]. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Apple Terms and Conditions
In the event that you have downloaded a version of the Service for use on the iOS platform, the additional provisions set out in this Section apply to your use of such version of the Service. When we say “Apple” in this Section we mean “Apple Inc.”.
The parties acknowledge that these terms are concluded between the parties only and not with Apple, and us, not Apple, are solely responsible for the Service and the content thereof. In the event that these terms provide for usage rules for the Service that are less restrictive than the Usage Rules set forth for the Service in, or otherwise be in conflict with, the App Store Terms of Service as of the effective date of these terms, such usage rules for the Service will not be in force to the minimal extent of such inconsistency.
The Service license is limited to a non-transferable license to use the Service on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
To the extent any warranty is imposed upon the Service pursuant to any applicable law, in the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Service to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be our sole responsibility.
The parties acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
The parties acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third party terms of agreement when using the Service.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms in respect of the Service, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms in respect of the Service against you as a third party beneficiary thereof.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.