|Effective Date: December 19, 2014|
|Welcome to Enfavr. By accessing the
constitute your agreement with Silk Magnolia Software, Inc.
(the provider of the Service.) If you do not agree with these
The Enfavr website and the services offered through or in connection with the website (including but not limited to related services which we make available through third-party websites and applications such as social media sites) are collectively referred to herein as the “Service.” References to “we,” “us,” and “our” refer to Silk Magnolia Software, Inc.
Access and Use
| Age Requirement; Responsibility. You
represent that you are old enough to form a legally binding
contract. You may not access or use the Service unless you are
at least 13 years old. You are responsible for maintaining the
confidentiality of your username and password and for
restricting access to your computer or other device. You are
responsible for your use of the Service and for all activities
that occur under your username/account.
Registration. You are required to maintain all information provided during your registration/sign-up process so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that any information provided by you is truthful and accurate to the best of your knowledge. We reserve the right to revoke your particular username, or to require you to choose another username or password.
Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.
| All content included in the Service and
originating with us, including but not limited to website
design, text, photographs, graphics, sound, software and the
arrangement of all content on the Service, is the property of
us or our licensors, and is protected by United States and
international copyright and other applicable law. All rights to
such content are reserved to their respective copyright owners.
guidelines or instructions included in the Service, you may not
reproduce, modify, copy, create derivative works of, sell or
distribute any portion of the Service, use of the Service or
access to the Service.
“Enfavr”, “Silk Magnolia Software” and all related logos, graphics and icons are our service marks or trademarks. All other trademarks, service marks, product names and company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
Third-Party Services and Information
| The Service provides links to, and
otherwise makes certain portions of the Service available
through, third-party websites and applications (“Third-Party
Sites”). The content, features and business practices of
Third-Party Sites are not under our control, and we will not be
responsible or liable for any damage or loss caused by or in
connection with the use of Third-Party Sites. Our provision of
a link to, or services through, any Third-Party Site does not
imply any endorsement by us or any affiliation between us and
the Third-Party Site.
Content Provided By You and Other Users
| You are responsible for all content you
submit to the Service, whether directly or indirectly through a
Third-Party Site. You represent and warrant that you have all
rights necessary to submit such content to the Service, and
that the display and other use of such content by us, in
instructions included in the Service, will not violate the
rights of any third party.
You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish, distribute and promote any content you submit to the Service.
In using the Service, you may access content submitted by other users. We do not pre-screen, edit or review content submitted to the Service. You may be exposed to content that is inaccurate, offensive, indecent or objectionable. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content. We reserve the right, in our sole discretion, to remove, move or otherwise restrict any content submitted to the Service, at any time and for any or no reason, with or without notice.
| YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
|WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.|
Exclusions and Limitations
|THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.|
Procedure for Making Claims of Copyright Infringement
|We may, in appropriate circumstances and
in our discretion, disable or terminate the accounts of users
who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise
violated, please provide our Copyright Agent the following
Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Silk Magnolia Software, Inc.
1484 Pollard Rd
Email : firstname.lastname@example.org
|Notices. We may provide you with notices,
email, regular mail or postings on the Service.
Export Compliance. You represent that you are not named on any United States government denied-party list, and that you are not a resident of a country embargoed by the United States. You agree not to export, reexport, or transfer, directly or indirectly, any products, software or technology acquired from us (including products derived from or based on such technology) in violation of United States export laws or regulations.