Hey guys! Welcome to Encourage X's Terms and Conditions of Use (these "Terms"). This is a contract between you and Encourage X and we want you to know yours and our rights before you use the Encourage X Website \ Applications and tools. Please take a few moments to read these Terms before using our tools.
Before you can use our awesome Website \ App, you will need to register for an account ("Account"). In order to create an Account you must:
be at least 18 years old; and be legally permitted to use the Website \ App by the laws of your home country.
You can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the Website \ App. We will save your profile information in case you realize you decide to restore your Account (which you can do within 30 days of de-activating your Account). Encourage X reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the Website \ App or our systems. Certain portions of the Website \ App may not be accessible if you have not registered for an Account.
There are three types of content that you will be able to access on the Website \ App:
content that you upload and provide ("Your Content");
and content that Encourage X provide ("Our Content").
There is certain content we can't allow on Encourage X
We want our Users to be comfortable posting information on Encourage X, but we have to impose restrictions on certain content which:
contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libelous;
involves the transmission of "junk" mail or "spam";
contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Encourage X or otherwise;
itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person's consent.
Encourage X operates a zero-tolerance policy for this kind of content.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Everyone is accountable for their own behavior.
We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
By uploading Your Content on Encourage X, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further Website \ Approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other Users of Encourage X will also share content via the Website \ App. User Content belongs to the User who posted the content and is stored on our servers and displayed via the Website \ App at the direction of the User providing the User Content.
You do not have any rights in relation to other Users' User Content, and you may only use other Encourage X Users' personal information to the extent that your use of it matches Encourage X's purpose of allowing people to meet one another. You may not use other Users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other Users' information.
User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about User Content, please see the Digital Millennium Copyright Act section below for more information.
Content, graphics, User interfaces, trademarks, logos, sounds, artwork, and other intellectual property owned by Encourage X are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Website \ App;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
You agree to:
comply with all Website \ Applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name on your profile;
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
create or operate a pyramid scheme, fraud or other similar practice.
We don't like Users misbehaving in the Encourage X community - Users should not do bad things to other Users. Therefore, you can report any abuse or complain about User Content by contacting us, outlining the abuse and/or complaint.
Also, we don't Website \ Appreciate Users doing bad things to Encourage X - we've worked hard on our creation, so scraping or replicating any part of the Website \ App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
To be add upon launch of subscription services at some future date TBD.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Website \ App and/or the Encourage X services, such as enhancements, offers, products, events, and other promotions. After signing up for Encourage X.com, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Website \ App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email protected].
THE WEBSITE \ APP, SITE, OUR CONTENT, AND USER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD WEBSITE \ APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY WEBSITE \ APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE \ APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE \ APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE \ APP, SITE, OUR CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE WEBSITE \ APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR RECIPIENTS OF YOUR ENCOURAGEMENT ACTIVITIES AND EXPERIENCES. ENCOURAGE X IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ENCOURAGE X DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE \ APP, SITE, OUR CONTENT, OR ANY USER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL WEBSITE \ APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE \ APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE \ APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE \ APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT WEBSITE \ APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE \ APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on Encourage X remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
Encourage X has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any User Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to: [email protected]
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
There are a few more things we need to mention before you can use Encourage X.
Firstly, those standard clauses at the end of most contracts (boring, we know)
These Terms, which we may amend from time to time, constitute the entire agreement between you and Encourage X . The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Encourage X has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Encourage X and provides that information on an "as is", "as available" basis. Encourage X does not give or make any warranty or representation of any kind about the information contained on Encourage X, whether express or implied. Use of Encourage X and the materials available on it is at your sole risk. Encourage X can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Encourage X is free of viruses or other harmful components. You accept that Encourage X will not be provided uninterrupted or error free, that defects may not be corrected or that Encourage X , or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Encourage X is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Our Terms & Conditions may need to be updated from time to time.
As Encourage X grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes - we want our Users to be as informed as possible.
Your continued use of Encourage X following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Encourage X immediately.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
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
you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Website \ App, you agree and acknowledge that Encourage X is a global Website \ App operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the Website \ Applications available on Encourage X, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The Website \ App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Website \ App are expressly prohibited without first obtaining our prior written Website \ Approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Your access to the Website \ App, Our Content, and any User Content, as well as these Terms are governed and interpreted by the laws of State of Texas, other than such laws, rules, regulations and case law that would result in the Website \ Application of the laws of a jurisdiction other than the State of Texas. By using the Website \ App, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of Texas. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
The Terms were last updated on: September 2018.