Terms of Use Privacy Policy Third Party License Broadcaster
AgreementCopyrights
Terms of Use
Please read carefully the following provisions of this Terms of Use (“Terms of Use”). This is a legal agreement between you and Enjoy, Inc. (including its wholly-owned subsidiary “CS enterprises LLC” 5595 FM 1187 Burleson Texas 76028, and its other subsidiaries, “Enjoy”) regarding the useof (i) the Enjoy software programs and related documentation being installed or used by you on any of your devices (the “Software”), and/or (ii) any of the services enabled by the Software (the “Services”). By downloading or otherwise accessing the Software and/or Services, however accessed, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS), BY ENJOY PRIVACY POLICY (“Privacy Policy”), COPYRIGHT TERMS
(“Copyright Terms”), BROADCASTER AGREEMENT (“Broadcaster Agreement”) all this
reference can befound at enjoyclubpro@gmail.com
YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE ANDALL SERVICES.
1.Acknowledgment. This paragraph is intended to apply to you if you have downloaded the Software from the Apple App Store. Enjoy and you acknowledge that this Terms of Use is concluded between Enjoy and you only, and not with Apple Inc. (“Apple”), and as between Enjoy and Apple, Enjoy App, not Apple, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the date hereof(which you further acknowledge you have had the opportunity to review).
2.License Grant. Subject to your compliance with the Terms and Conditions, Enjoy grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non- transferable, freely revocable license to download, install and/or use one (1) copy of the Software, in object code format, only on your personal computers or personal mobile devices (if you have downloaded the Software from the Apple App Store, then only on your Apple computer, iPhone, iPod touch, iPad or iWatch) (each, a “Device”) for the sole purpose of personally using the Services through use of the Software, and if you have downloaded the Software from the Apple App Store, aspermitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof.
3.Ownership. The Software is protected by copyright laws and international copyright
treaties, aswell as other intellectual property laws and treaties. The Software includes trade secrets and
information that is confidential and proprietary to Enjoy and you agree to take all
necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Enjoy and its licensors, if any, including all intellectualproperty rights therein. The Software is licensed, not sold. Title
does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, inventionor other intellectual property right. Enjoy hereby expressly reserves all rights in the Software and Services which are not expressly granted
to you hereunder.
4.Restrictions. You may use the Software solely for purposes of enabling you to use and enjoy the Services, and only as permitted by the Terms and Conditions. You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) incorporate any portion of the Software of Services into your own programs or compile any portion of the Software in combination with your own programs or transfer it for use with another service or program; (iii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other
rights in the Software or Services and any attempt by you to take such action shall be void; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (v) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any ofthe Services; (vi) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
5.Additional Restrictions. You further represent and agree that you shall not (i) use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the Enjoy servers than a human can reasonably produce in the same period of time manually; (iv) transmit invalid data, worms, viruses or any code of a destructive nature, (v) transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails; (vi) display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos, video, sound recordings, musical works, narration, Broadcast Content (as defined in Section
20 below), works of authorship and/or any type of materials, information or communications (collectively, “Content”) deemed unlawful, harmful, threatening, pornographic, obscene, sexually explicit, abusive, racially or ethnically or otherwise offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, bullying, depicting or inciting violence (including suicide), hate speech, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal
offense or bring forth civilliability, (vii) attempt to hack, destabilize, adapt or otherwise interfere with Enjoy website, theSoftware (or its source code) or any of the Services, or
alter another website or mobile app so as to falsely imply that it is affiliated with Enjoy, (viii)
collect or harvest any personally identifiable
information, including account names, from the Software or any of the Services, (ix) use a false phonenumber or email, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or (x) use or access any of the Services by any means other than through the interface provided by Enjoy.
6.Sanctions. Users are required to comply with all applicable economic sanction's laws, including those administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”). These laws generally prohibit or restrict transactions involving: (i) certain countries or regions, including Crimea, Cuba, Iran, North Korea, and Syria, as well as any individual or entity from, located in, ordinarily resident in, or affiliated with the governments of those countries or regions; (ii) certain individuals or entities, including
those identified on lists published by OFAC, such as the Specially Designated Nationals and Blocked Persons (“SDN”) List; (iii) nationals of Cuba; and (iv) the Government of Venezuela. Users may only access the Software and Services in compliance with theselaws. Persons
who are from, located in, or ordinarily resident in countries or regions subject to U.S. sanctions, who are associated with or acting on behalf of the governments of those countries or regions, who are SDNs or other denied or blocked parties under U.S. law, or
who are otherwise subject to sanctions are prohibited from accessing or using the Software or Services absent a license or other government approval or authorization. Enjoy has the right to deny access to, or terminate its relationship with, any person that fails to comply with these laws.
7.United States Services. Enjoy makes no representations that the Services are appropriate oravailable for use in any location outside the United States. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.
8.Your Utilization of Your Device: If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree
that your license to use the Software is subject to your obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal rightto control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software
or Services on your Device will do so in accordance with the Terms and Conditions. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
9.Third-Party Sites, Products and Services; Links.
(a) The Services may include links or references to third-party web sites or applications offering products or services, including games, applications, third party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by Enjoy (“Reference Sites “). The
Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage youto read the terms and conditions and
privacy policies of any Reference Sites that you visit or use.
(b)Enjoy does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR
AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve Enjoy from any and all liability arising from your use of any Reference Sites. Enjoy is not responsible for and does not control or guarantee: (i) the pricing, quality, performance, availability orterms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any
advertising or other materials on, or available from, ReferenceSites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.
10. Content. Content transmitted by the use of the Software and Services is entirely the responsibilityof the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Any use or relianceon any Content is solely at your own risk. Enjoy does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby
release and discharge the Enjoy Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
11. Your Content. You acknowledge and agree that you are solely responsible for your conduct and any Content that you transmit or display through the Software or Services and that Enjoy (andApple if you downloaded the Software from the Apple App Store) is not responsible to you or any third party in connection with any Content. Enjoy reserves the right (but not the obligation) toremove, edit or refuse to transmit any Content for the purpose of enforcing the Terms and Conditions, or for any other reason in Enjoy sole
discretion, but does not regularly review Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent, warrant and agree that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate anythird-party
right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, (ii) require Enjoy to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties, (iii) result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation, (iv) contain any information that is confidential or proprietary to a third party, or (v) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Enjoy RESERVES ALL RIGHTS AND
REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.
12. Grant of Rights to Enjoy.
(a) If you transmit or share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your Enjoy account, you represent and warrant that you have all rights necessaryto grant, and you hereby expressly grant, to Enjoy, its
licensors and other Enjoy partnersa royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and any name, voice, image
and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and Enjoy (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this Section to Enjoy include the right to reproduce your Content on aroyalty-free basis and that Enjoy will have no obligation to pay royalties to you or any third party involved in the creation of your Content. Further, you understand
that the license grants by youto Enjoy hereunder will survive any termination of your use of the Software or Services.
(b)Any Content transmitted by you will be considered non-confidential and non-proprietary, and treated as such by Enjoy, and may be used by Enjoy in accordance with these Terms andConditions without notice to you and without any liability. You waive any rights to prior inspection orapproval of any marketing or promotional materials related to any Content.
You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any actionbased on any moral rights that you may have in or with respect to any Content you transmit or display through the Services.
(c) You agree and acknowledge that Content you transmit through the Services may be distributed,viewed and accessed and commented by other users of the Software or Services and that Enjoy will not be held liable for any unauthorized use of Content or any comment thereon by any person.
(d)You acknowledge and agree that Enjoy may collect, use and share information related toyour use of the Services as described in the Privacy Policy, and including certain information contained in the Devices to which you have downloaded the Software for purposes of your use of the Services, such as the address books and unique phone identifiers (IMEI, Google AdvertisementsID, or other) contained in such Devices.
(e) You hereby acknowledge and agree that Enjoy Club may contact you via email or SMS, throughthe Services, or otherwise for the purpose of informing you about new products, services or promotions offered by Enjoy (you can opt-out of such emails by clicking on the unsubscribe link or of such SMSs by replying stop). Please see our Privacy Policy for additional information on how we may contact you.
13. Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technologythat is incorporated in the Software falls under the scope of this Agreement.
14. Availability and New Versions of the Software. Enjoy may, without prior notice, stop providing the Software, features of the Software, and/or any of the Services, to you or to users generally, or create usage limits for the Software or any of the Services. Enjoy, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services without notice. Enjoy has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates ornew versions of the Software or Services. You acknowledge that Enjoy may automatically issueany additional features or functions or modifications, updates or upgraded versions of the Software or Services and, accordingly, may modify, update or upgrade the version of the Software or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
15. Third Party Fees. For particular Devices, Enjoy may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additionalfees.
16. Eligibility; Termination. The license to use the Software and Services is not valid in any jurisdictionwhere prohibited. The Software and Services are intended solely for users who are seventeen (17) years of age or older, and any registration, use or access to the Software or Services by anyone underseventeen (17) is unauthorized, unlicensed, and in violation of the Terms and Conditions. Enjoy may terminate your account, delete any content or information that you have posted on the Services,and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the required age in the
prior sentence. If you are under the age of majority in your jurisdiction you may not use the Softwareand Services. The Software and Services are not intended for use by any user previously removed from any of the Services by Enjoy.
17. No Access to Emergency Services. The Software and Services are not intended to support or carryemergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Enjoy is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase,
separately from the Software, traditional wireless (cellular) or fixed line
telephone services that offer access to Emergency Services, and (iii) Enjoy is not a replacementfor your primary telephone service.
18. Prevention of Unauthorized Use. Enjoy reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but notlimited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
19. Mobile Alerts and Optout. Enjoy may use carrier distributed mobile messaging
(SMS) toverify ownership of a registered mobile phone number.
Additional Information: To receive information or technical support for a campaign, reply
HELP to thelast message received or to short code 82646. Msg&Data Rates May Apply.
Optout: To be removed from any Enjoy.me mobile messaging program, reply STOP to the last message received or to short code 82646. Msg&Data Rates May Apply.
Carriers supported: ACS, AT&T, Bluegrass Cellular, Dobson/ Cellular One, Cellular One (IL), Cellcom,Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, MetroPCS, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile, U.S. Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular.
Broadcaster Agreement
Please read carefully the following provisions of this Broadcaster Agreement (“Agreement”). This is alegal agreement between you (the “Broadcaster User”) and Enjoy, Inc. (including its wholly- owned subsidiary “EnjoyME CYPRUS LIMITED”, Omrania Centre,
313, 28th October Avenue, 3105 Limassol, Cyprus, and its other subsidiaries, “Enjoy”) regarding the use of services via which you are able to create and transmit live stream audiovisual content (“Broadcasting Services” and “Broadcast Content”, respectively) through use of the Enjoy software programs and
related documentation being installed or used by you on any of your devices (the “Software”). By downloading or otherwise accessing the Software, however accessed, and by providing BroadcastingServices through the Software, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS).
This Agreement shall be read in conjunction with the Enjoy Terms of Use. In the event of anyconflict or inconsistency between the terms of this Agreement and any applicable provision of the Enjoy Terms of Use, as between Enjoy and you, this Agreement shall prevail to the extent of such conflict or inconsistency. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the Enjoy Terms of Use.
1.Eligibility and Additional Restrictions.
(a) You may only be a Broadcaster User if you are eighteen (18) years of age or older, and any transmitting of Broadcast Content by anyone under eighteen (18) is unauthorized, unlicensed, and inviolation of this Agreement.
(b)You are solely responsible for the completeness, truth and accuracy of any Broadcast Content transmitted or displayed by you in the Software using the Broadcasting Services. Any Content transmitted by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents and permissions necessary topublish or distribute any of the Broadcast Content to any person (including the right of Enjoy to use such Broadcast Content in accordance with the Terms and Conditions).
(c) The Broadcasting Services are for personal use only. You shall not allow others to use the Broadcasting Services through your Enjoy account. If your access to the Broadcasting Serviceshas been suspended, limited or terminated by Enjoy, you shall not create another Enjoyaccount or request others to create another Enjoy account in your favor.
2.Gold Program.
(a) Any Digital Gifts that are gifted to you by another user in the Services (or received by you) are converted in your account to, and are referred to herein as, “Gold”. Notwithstanding your receipt orpossession of Gold, you acknowledge and agree that you do not in fact own the Gold, and the amounts of any Gold in your Enjoy account do not refer to any credit balance of real currencyor its equivalent.
(b)Enjoy makes no representation or guarantee that the amount or value of any Digital Gift distributed to you by another user will correlate in any way to the value of the Gold received by you,or to the revenue you may receive from Enjoy. The amount of revenue delivered to you in exchange for Gold or otherwise, if any, is determined by Enjoy in its sole discretion.
(c) Any virtual currency balance shown in your Enjoy account does not constitute a real- world balance or reflect any stored value. However, in the event that your Enjoy account balance with respect to Gold will reach a minimum threshold, as shall be determined by Enjoy from time to time, in its sole discretion (“Redemption Threshold”), you will be able to redeem Gold, in exchange for US Dollars credited to your account in the Enjoy’s electronic payment provider. Enjoy reserves the right to permanently confiscate from your Enjoy account any un- redeemed Gold in the event that Enjoy determines, in its sole discretion, that you have not logged in to your Enjoy account during a period of 90 days. In addition, you will not be able toredeem Gold if your access to the Broadcasting Services has been suspended, limited or terminated by you or by Enjoy.
(d)You may receive from time-to-time Gold that were converted from Coins earned from incentive programs or referral rewards made by Enjoy, as determined in Enjoy's sole discretion (“Promoted Gold”). You must redeem the Promoted Gold in your Enjoy account by no later than 90 days after such Promoted Gold have been received by you (“Redemption Period”). Enjoy reserves the right to permanently confiscate from your Enjoy
account any Promoted Goldnot redeemed within the Redemption Period. In addition, Enjoy reserves the right to reject any
attempted redemption of Gold in your Enjoy account if more than 30% of such Gold arePromoted Gold.
(e) The value (i.e., the exchange rate) of Gold is determined by Enjoy in its sole discretion, andEnjoy further reserves the right to modify the exchange rate between Gold and US Dollars from time to time, with or without reason, in its sole discretion. By your
use of the Broadcasting Services, you confirm your understanding of and accept the then- current exchange rate of any Goldat the time of their redemption.
(f) In the event your Enjoy account balance with respect to Gold is incorrect due to system maintenance or other technical failures as determined by Enjoy in its sole discretion, Enjoy will use commercially reasonable efforts to correct your Enjoy account balance.
(g)Enjoy takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, Enjoy reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Gold from your Enjoy account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. This includes confiscation of any Gold which have been converted from Digital Gifts received by you fromanother user in which such Digital Gifts were purchased or received fraudulently. Enjoy will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that Enjoy’s determination, in its sole discretion, shall be final and binding on you.
3.Engagement through Broadcaster Agent.
(a) If you choose to receive Gold through agent and not directly, you will be able to register to the Software through any person or entity which is authorized by Enjoy to serve as an agent for Broadcaster Users (“Broadcaster Agent”). It is clarified that Enjoy is under no obligation to authorize any person or entity as a Broadcaster Agent. In addition, it is clarified that the terms and conditions which shall apply on the relationship between Enjoy and any Broadcaster Agent shall inure for the benefit of Enjoy and such Broadcaster Agent and shall not create any rightof the Broadcaster User, other than as explicitly set forth in this Agreement.
(b)Upon your registration to the Software, you will be presented by your Broadcaster Agent a list ofcertain time-based and performance-based targets, the achievement of such targets may entitle you to receive from your Broadcaster Agent fixed payments in the amounts and upon the terms to be
determined by your Broadcaster Agent (“Broadcaster Targets Payments”).
(c) You hereby acknowledge and agree that all the Gold to which you are entitled shall be received by the Broadcaster Agent, which shall be solely responsible for the redemption of the Gold and/or the payment of any amount in exchange therewith, upon your instruction and subject to the terms and conditions of this Agreement. You further agree that Enjoy is under no obligation to pay to you any amount in exchange for Gold or otherwise (including, without limitation, any BroadcasterTargets Payments) and that no Enjoy Party shall be liable to you or to any other party for any fees, compensation or
other amounts in connection therewith.
(d)Enjoy reserves the right, at any time and at its sole discretion, to suspend or terminate its relationship with any Broadcaster Agent, upon which (i) your Enjoy account may be suspendedor terminated by Enjoy, (ii) the un-redeemed Gold in your Enjoy account may be permanently confiscated, and (iii) notwithstanding Section 1(c) above, if you wish to renew access to the Software and/or the Broadcasting Services, you will be required to create another Enjoy account, either directly or through another Broadcaster Agent
20. Live Streaming.
(a) The Services enable you to view live stream audiovisual content (“Broadcast Content”) which created and transmitted by another user (“Broadcaster User”). You acknowledge and agree that Enjoy does not pre-screen any Broadcast Content transmitted by any user. Enjoy uses automated, semi-automated, and manual checks of Broadcast Content; however, you understand and agree that Enjoy cannot find all objectionable Broadcast Content and makes no warrantiesto you with respect to any Broadcast Content. If you do find any problems in any Broadcast Content, we want your help to solve them. Please notify Enjoy immediately.
(b)The Services may offer a feature allowing you to “purchase” (i) virtual currency, including virtualcoins (“Coins”) for use in the Service, or (ii) virtual in-Service items (“Gifts” and together with Coins,“Digital Gifts”). You acknowledge and agree that the purchase of any Digital Gifts by you must be made lawfully and with actual currency. Any Digital Gifts that are gifted to a Broadcaster User (or received thereby) are converted in the Broadcaster User’s account to, and are referred to herein as,“Gold”. Notwithstanding your purchase or possession of Digital Gifts, you acknowledge and agree
that you do not in fact own the Digital Gifts, and the amounts of any Digital Gifts in your Enjoyaccount do not refer to any credit balance of real currency or its equivalent. Instead, you understand that the license to you from Enjoy hereunder to use the Software and Services includes the right to use certain software programs included in the Services that may manifest themselves as these Digital Gifts.
(c) Any distribution of Digital Gifts by you is made solely in your discretion. Once you have made adistribution of a Digital Gift to another user, such action cannot be refunded or undone, and the Digital Gift cannot be withdrawn.
(d)You acknowledge and agree that your distribution of Digital Gifts to a Broadcaster User may result in some revenue to the Broadcaster User. Enjoy makes no representation or guarantee that the amount or value in your Enjoy account of any Digital Gift you
distribute to a Broadcaster User will correlate in any way to the value of the Gold received by the Broadcaster User,or to the revenue such Broadcaster User may receive from Enjoy. The amount of revenue delivered to a Broadcaster User in exchange for Gold or otherwise, if any, is determined by Enjoy in its sole discretion.
(e) The purchase of a Digital Gift is considered a completed transaction when Enjoy providesconfirmation of receipt of an electronic payment from you via the online application store from which you downloaded the Software or via the Enjoy’s electronic
payment provider with
respect to the web product (the “Application Store”). The purchase of Digital Gifts requires actualmoney. If you disagree with any part of, or do not fully understand Enjoy’s exchange rate policy as described below, please refrain from purchasing or using any Digital Gifts.
(f) The value (i.e., the exchange rate) of Digital Gifts is determined by Enjoy in its sole discretion, and Enjoy further reserves the right to modify the exchange rate between actual currency and Digital Gifts from time to time, with or without reason, in its sole discretion. By your useof the Services, you confirm your understanding of and accept the then-current exchange rate of anyDigital Gifts at the time of your purchase.
(g)Any virtual currency balance shown in your Enjoy account does not constitute a real- worldbalance or reflect any stored value. You will not be able to sell Digital Gifts, whether in exchange forvirtual or real currency credited back to your Enjoy account or otherwise,
nor will you be able to receive a refund of virtual or real currency for Digital Gifts (including any virtual currency), including if your access to the Services has been suspended, limited or terminated by you or by Enjoy.
(h)In the event your Enjoy account balance with respect to Digital Gifts is incorrect due to system maintenance or other technical failures as determined by Enjoy in its sole discretion,Enjoy will use commercially reasonable efforts to correct your Enjoy account balance.
(i)Your use of any Digital Gifts must be solely for legitimate purposes within the Services, and must comply with these Terms and Conditions and with all applicable laws at all times. You acknowledge and agree that Enjoy may change, modify or update the terms of sale in connection with Digital Gifts from time to time, and that such revised terms will apply to
all subsequent purchases ofany Digital Gifts, and you further agree that you will review these Terms and Conditions and any terms regarding the sale of Digital Gifts prior to making any purchase.
(j)You must distribute the Digital Gifts in your Enjoy account by no later than 90 days after such Digital Gifts have been purchased (“Distribution Period”). Enjoy reserves the right to permanently confiscate from your Enjoy account any Digital Gifts not distributed within the Distribution Period or in the event that Enjoy determines, in its sole discretion, that you havenot logged in to your Enjoy account during such 90-day period.
(k)Enjoy takes fraud seriously. Please note that in addition to taking any desirable or necessarylegal action, Enjoy reserves the right to terminate your use of the Software and Services and/orto permanently confiscate any Digital Gifts from your Enjoy account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. Enjoy will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that Enjoy’s determination, in its sole discretion, shall be final andbinding on you.
21. Premium Services.
(a) From time to time in its sole discretion, Enjoy may provide additional features and/or
Services that you pay for (“Premium Services”). Enjoy may also offer from time to time in its
sole discretion, certain Premium Services for free, whether on a limited basis, for a trial period or otherwise. Unless expressly stated otherwise, references to the Services in the Terms and Conditionsinclude the Premium Services.
(b)
(i)From time to time in its sole discretion, Enjoy may provide you with a Premium Service thatallows you to connect to recipients outside of the Service from your Device (“Free Voice Premium Services”).
(ii)Free Voice Premium Services are provided at no cost to you and are for personal use only. Enjoy may limit the amount of call time available per call or for all calls. If Enjoy puts in place any such limit, once an applicable limit set by Enjoy has been reached, the Free Voice PremiumServices may no longer be available to you. In addition, availability of the Free
Voice Premium Services may be limited to certain countries or other geographies as Enjoy may determine from time to time. Enjoy reserves the right to change the terms of, and any fees associated with, the Free Voice Premium Services at any time without prior notice to you.
(iii)Use of the Free Voice Premium Services is for individual use only in accordance with the Terms and Conditions. You agree to use the Free Voice Premium Services only in accordance with the Terms and Conditions and not to abuse the terms of any offer regarding the Free Voice Premium Services. By way of example and without limitation, you agree not to: (a) use for telemarketing or callcenter operations; (b) resell minutes; (c) call numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of merely placing the call; or (d) make unusual calling patterns inconsistent with normal, individual use, for example, regular calls of short duration or calls to multiple numbers in a short period of time. Other practices may be relevant in determiningwhether use of the Free Voice Premium Services is in accordance with the Terms and Conditions and Enjoy reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
(iv) Enjoy may, as part of the technical setup of the Free Voice Premium Services, pair you withone or more phone numbers. These phone numbers may be shared by multiple Enjoy users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by Enjoy to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party.
(v) Free Voice Premium Services do not support Emergency Services, including calls to
911, and arenot a replacement for your primary telephone service. See Section 15 above.
(c) If you purchase any Premium Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Enjoy or the Application Store. You agree to abide by anyrelevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase
Premium Services on a subscription basis, youacknowledge and agree that this is a recurring payment and payments shall be made by the
payment method and payment intervals you have selected, until the subscription for the Premium Services is terminated. You agree that if you purchase Premium Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Enjoy have any responsibilityin connection with any of the foregoing.(d) You may request a full refund for any Premium Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.
22. Termination by You. You may terminate your use of the Services at any time by uninstalling anddeleting the Software from all of your Devices. If you have subscribed to any Premium Services, youagree that you are solely responsible for directly terminating all payment obligations you may havewith any Application Store and/or payment processing service in connection with the Premium Services.
23. Termination by Enjoy. Without limiting any other remedies, Enjoy may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any partof the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if Enjoy believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities
(actual or potential), (iii) delinquent with respect to any charges due for a Premium Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Enjoy is underno obligation to provide the Services, including without limitation any Premium Services, and that noEnjoy Party shall be liable to you or to any other party for any limitation, suspension, discontinuance,
termination or modification of the Software and/or any of the Services.
24. Storage of Content. Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that no Enjoy Party is under any obligation to preserve, provide access to or return to you any Content and that Enjoy shallhave no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Enjoy may remove certain Contentfrom its storage systems periodically in its discretion without
notice to you.
25. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Enjoy, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Enjoy, COLLECTIVELY THE “Enjoy PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, ACTIONS, LOSSES, LIABILITY, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITEDTO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER
COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OFTHE SERVICES, OR (E) ANY OTHER PARTY’S ACCESS AND USE OF THE SOFTWARE, SERVICES AND/OR CONTENT WITH YOUR PHONE NUMBER OR USERNAME, OR (F) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE
INCOME OF Enjoy). If you downloaded the Software from the Apple App Store, you acknowledge that, in the event of any third-party claim that the Software or Services or your
possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Enjoy and Apple, Enjoy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.Enjoy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Enjoy, and you agree to cooperate with Enjoy’s defense of these claims. You agree not to settle any matter without the prior written consent of Enjoy.
26. No Warranties.
The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the Enjoy Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, andaccuracy of information generated. You further acknowledge that the Enjoy Parties (and if youdownloaded the Software from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.
THE Enjoy PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES, WILL BE UNINTERRUPTED, UP- TO- DATE, COMPLETE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Enjoy PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTSFROM THE USE OF, THE SOFTWARE OR SERVICES.
27. Harm to Your Device. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE, VIEW OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE SERVICE ORANY CONTENT, INCLUDING ANY LOSS OF DATA OR DAMAGE TO
YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM).
28. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Enjoy PARTIES BE LIABLE, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDINGWITHOUT LIMITATION ANY DAMAGES OR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTIONARISING OUT OF OR IN CONNECTION WITH
THE SOFTWARE AND/OR ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Enjoy OR ANY OTHER Enjoy PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Enjoy PARTIES EXCEED THE AMOUNT YOU PAID TO Enjoy FOR ANY PRODUCTS OR SERVICES PURCHASED FROM Enjoy ON ANY OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The foregoing limitations will apply even if the above stated remedy fails ofits essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Enjoy Parties will be limited to the maximum extent possible under applicable law.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BYREASON OF ANY PRODUCTS, SOFTWARE, SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
29. Claims. YOU AND Enjoy AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTERTHE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.If you downloaded the Software from the Apple App Store, you further acknowledge that Apple has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) anyclaim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
30. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT Enjoy HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATIONOF RISK BETWEEN YOU AND Enjoy, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Enjoy. Enjoy WOULD NOT BE ABLE TO PROVIDE THE SOFTWAREOR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
31. Feedback. You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback “) submitted to Enjoy are gratuitous, unsolicitedand without restriction, and shall become the property of Enjoy. Enjoy will have exclusive ownership of all rights to the Feedback. Enjoy will be entitled to use the Feedback forany commercial or other purpose whatsoever, without any compensation to you or any other person.Enjoy will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
32. Export. The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Software and Services are specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof toany country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
33. U.S. Government Rights. All Software, the Services and technical data are commercial in nature and developed solely at private expense. The software program and documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by theTerms and
Conditions and shall be prohibited except to the extent expressly permitted by the Terms and Conditions. Any technical data provided that is not covered by the above provisions is deemed to be “technical data-commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall begoverned by the terms of DFAR Section 227.7015(b).
34. General
34.1 International Users. The Software and Services are hosted in the United States and
by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, then you understand and consent to the processing of personal informationin the United States.
34.2 Notices. Enjoy may provide you with notices, including those regarding changes to the Terms and Conditions, by email, via the Services or postings on the Enjoy website. Notice willbe deemed given twenty-four (24) hours after email is sent. Notice posted on the Enjoy website or via the Services is deemed given ten (10) days following the initial posting. Enjoy reserves the right to determine the form and means of providing notifications to our users.
34.3 Amendments. Enjoy reserves the right to amend any of the Terms and Conditions at any time by publishing the revised Terms of Use, Privacy Policy, Copyright Terms, Broadcaster Agreementand/or Third-Party License on the Enjoy website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms and Conditions shall become effective following the applicable notice period, unless you expressly accept the revised Terms and Conditions earlier by clicking on the accept button. Your express acceptance or continueduse of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms and Conditions.
34.4 Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms andConditions, and to abide by and comply with the Terms and Conditions.
34.5 Entire Agreement. The Terms and Conditions (consisting of the Terms of Use, Privacy Policy, Copyright Terms, Broadcaster Agreement and Third-Party License) represent the complete agreement between you and Enjoy and may only be amended as set forth under Amendmentsabove or as otherwise expressly provided therein. If any provision of the
Terms and Conditions is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
34.6. Assignment. You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null andvoid. Enjoy is allowed at its sole discretion to assign or transfer any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.
34.7 Waiver. The failure of any Enjoy Party to exercise or enforce any right or provision of theTerms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Enjoy.
34.8 Headings. The heading references herein are for convenience purposes only, do not constitute apart of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
34.9 Governing Law and Disputes. The Terms and Conditions are governed by the laws of the State
of California as such laws are applied to agreements entered into and to be performed entirely withinCalifornia between California residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms and Conditions. You agree that the Services shall be deemed solely based in California and each a passive Service that does not give rise to personal jurisdiction over Enjoy, either specific or general, in
jurisdictions other than the State of California. Any dispute, claim or controversy arising out of or relating to any of the Terms and Conditions, or the breach, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of any of the Terms and Conditions to arbitrate, shall be determined by arbitration. The arbitration shall be administered by the Judicial Arbitration and Mediation Service (JAMS), and the arbitration shall be conducted with a single arbitrator. Furthermore, you agree that neither you nor Enjoy will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Enjoy will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Enjoy shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If you file an arbitration complaint against Enjoy, Enjoy agrees to pay for any portion of the initial filing
fee that exceeds $250; after the initial filing fees, the parties will share the costs of arbitration equally. You agree not to commence or prosecute any action against any Enjoy Party other than by filing an arbitration complaint in accordance
with this paragraph. IMPORTANTLY, BY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS,YOU ARE WAIVING ANY RIGHT YOU HAVE TO SEEK RELIEF IN A COURT OF LAW AND ANY RIGHT YOU HAVE TO A TRIAL BY JURY.
34.10 Injunctive Relief. You acknowledge that the obligations made hereunder to Enjoy are of a unique and irreplaceable nature, the loss of which shall irreparably harm Enjoy and which cannot be replaced by monetary damages alone so that Enjoy shall be entitled to injunctive orother equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
Location Information
We may request access to your current location – provided by your mobile device using GPS or similar technologies – so that we can provide content that is more suitable to your location. For example, we may use information about the location of your device for certain calling features or share information about the location of your device with advertisers to tailor the advertising you seeto your interests or present you with offers from the businesses around you. You are free to accept or block access to your location information. You can switch off access to your location at any time through your device settings.
This mobile app may collect and pass to third party's precise geolocation information linked to your mobile device or advertising identifiers and may do when you use the app or when the app runs in the background on your device. That information may be used by third parties to customize ads in this app or in other apps: for instance, if your device is often located at or near music venues, you might receive offers for music tickets (even when you are not at a music venue). The information alsomay be used for market or other research regarding aggregated traffic patterns: for instance, a company that analyzes shopping trends might use the information to learn whether more or fewer devices are seen near malls or in other shopping districts.
We automatically collect usage information that does not identify an individual user (“Usage Data”).For example, when you download and use the Services on a mobile device, we automatically collectinformation such as your device type, operating system version and type, certain device settings, device time zone, device carrier, current IP address, applications installed on the device, and platform-specific advertising identifiers. We may also collect location information, such as your device GPS coordinates unless you
configure your device operating system settings to prevent our collection of location information. Additionally, each time you use the Site we automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to enhance the services we offer, provide targeted advertising, and to help us understand how people use the Site and Services.
Aggregated device data, including location and usage data, is also measured for the purposes of market research by Placed, Inc. For further information, please see the Placed Terms of Service andPrivacy Policy. If you do not want this information to be
linked to your device, you may go to your
device “settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising. You may also prevent the location from being collected by this or other apps, through your device settings (but this may affect the functionality of certain app features).
Profile Information
We collect and store certain profile information including your name, phone number, email address,picture, country of residence and preferences.
Usage Information
We may collect and store information about your usage of, and interaction with, the Service and Third Party Games (whether or not played on the Service), including calls, messages, posts, information relating to games played (such as games played, your game scores, how often you playand how much money you spend on the games), usage of the Service by geographies, device and connection information (such as a device advertising identifier or MAC address), IP address, device capability, bandwidth, web browser software, referring website, statistics on page views, network type and traffic to and from our websites.
Advertisements
When we serve an advertisement to your device, we collect information about your interaction with this advertisement to help us evaluate the performance of the advertisement that we show, such as whether you clicked on it, or installed the advertised product. The third parties that serve these advertisements may also collect other information about your interaction with an advertisement andabout your browser or device. This collection and the subsequent use of this information by these third parties is subject to these third parties’ privacy policies over which Enjoy has no control.
Shared Text, Photos, Videos and Other Communications
The Service allows you to share text messages, photos, videos and other communications (such as interactions during games) with other users, and if you choose to share your text messages, photos, videos and other communications, such items will be stored on our servers in accordance with our data retention policies. In addition, if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending text messages, photos, videos or other communications through the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part
on your actions or the actions of others with whom you have shared the information). Enjoy is not responsible for any use or misuse of information you share. There is no tolerance for objectionable or abusive content, including nudity, illegal products, services, or activities, misleading, deceptive, sensational or excessively violent content, discriminatory practices, tobacco products, drugs, and drug-related products, unsafe supplements, adult content, adult products or services, surveillance equipment, hacking or cracking, work at home schemes. Promoting
external links for users to purchase digital content or services outside the app is prohibited. Allviolators will be banned. For questions, please contact
Device and Log Information
If you use our Service, we collect information about your device and browser. This may include device information (type of device, operating system version, unique device identifier (such as an advertising identifier), browser type and version, mobile network information) or log information (IPaddress, MAC address, screen resolution, and referring domain).
Error Reporting Information
We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general, these reports do not contain personally identifiable information, or only incidentally. As part of these errorreports, we receive information about the type and version of your device and browser, the device identifier, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.
How We Use Information
In addition to using your information to provide you with the Services that you request, we use or may disclose your personally identifiable information as follows: To verify your identity; To connect you with your Enjoy contacts and others as enabled by the Service;
To share your Profile with your Enjoy contacts and others on the Service in accordance with your account settings; To allow your use of certain features of the Service that may be offered from time to time (such as Premium Services (see our Terms of Use), games, greeting cards, animations, etc.) and to help customize your user experience; To show you the names and profiles of the Enjoy contacts with whom you communicate and to show your name and profile to persons with whom you communicate on the Service; To manage your account, deliver to you any administrative notices, updates, notifications, alerts and communications relevant to your use of the Service; To provide youwith relevant content that you requested, using information that you allow us to collect from you or that you provide to a social media provider with which your Enjoy account is connected, such as information regarding your and your Enjoy contacts’ respective locations; To share information about the games you play on our Service, your score or your experience, with your Enjoy contacts – according to your settings; To understand (i) how you use the different features of the Service, (ii) what your preferences are – for example, what type
of games you like to play, what type of music you like to attach to your pictures or what type of products you like to viewor purchase, and (iii) how to make suggestions and recommendations of things (for example, games,music and products) you may be interested in; To keep your list of Enjoy contacts up to date –for example, when new users join Enjoy; To solicit information from you, including through surveys; To contact you via
email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by Enjoy (you can opt-out of such emails by clicking
on the unsubscribe link, withhold your consent to receive an SMS or reply stop to an SMS in order not to receive future SMSs); For internal operations, including troubleshooting problems, data analysis, testing, research, improvements to the Service, detecting and protecting against error, fraudor other illegal activity; When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities.
With Whom We Share Your Information Service Providers
In certain instances, Enjoy may have contracts with third parties to provide Enjoy with products and/or services in connection with the Service. In those cases, Enjoy may share yourpersonally identifiable information with these third-party service providers, or authorize them to collect information on its behalf, but only in connection with providing the services to you or Enjoy. For example, these third-party service providers include: Third party SMS and email providers who deliver the authentication SMS or email to you when you register with the Service and with whom Enjoy shares your phone number or
email. Third party vendors who provide services orfunctions on our behalf, such as hosting, business analytics, customer service, collecting or processing credit and debit card information and payments, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. Third party vendors who provide outbound calling services for Enjoy users and with whom Enjoy shares your call detail records if you use that service (such as your phone number, the destination you are calling and information related to the initiation and termination of such calls
Outbound Links
If you choose to access optional services, such as a website, product or service provided by a third party, including through the Service, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party. These third parties include business partners with whom we may jointly offerproducts or services, or whose products
or services may be offered on our Service. You can tell whena third party is involved in a product or service that you have requested because their name will appear, either alone or with ours. Legal Process We also may share your information with third parties: In response to facially valid subpoenas, search warrants, court orders, or other legal process when we have a good faith belief that the law, any legal process, law enforcement, national security or issue of public importance requires disclosure; To resolve disputes, trouble shoot problems, protect and defend our rights or property (including to enforce our Terms of Use and other agreements) or the safety of Enjoy, the Service, or that of our customers or others; To establishor exercise our legal rights, or as otherwise required by law; In connection with a corporate transaction involving Enjoy or the Service, such as the purchase or sale of a business unit, an acquisition, merger, sale of assets, corporate reorganization, liquidation, or other similar event.
Aggregate and Anonymous Information
We may also share aggregate or anonymous information with third parties, including advertisers andinvestors. Aggregate or anonymous information is information that does not,
on its own, identify you
personally. For example, we may tell our advertisers the number of users our app receives or shareanonymous identifiers (such as device advertising identifiers or hashed email addresses) with advertisers and business partners. This information does not contain any personally identifiable information.
Other
Other than as stated in this Privacy Policy, we do not share our users’ personally identifiable information with third parties for their direct marketing purposes. If in the future, we plan
to share personally identifiable information with any third party for its direct advertising purposes other thanas stated in this Privacy Policy, you will be notified in accordance with applicable law.
Display of Tailored Advertising
We allow third parties with whom we have a separate agreement to use certain
technologies to collect information about your browser or device and the placement, views, and clicks of their advertisements, so that they can better serve interest-based advertisements to our users and visitors.These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on the Service; (2) attribution partners who help us measure effectiveness of certain advertisements; and (3) advertising networks, which collect information aboutyour browser or device and your interests when you view or interact with one of their advertisements. The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements on the Service and on other sites across the Internet tailored to your apparent interests. We do not share with these third parties any information that would personally identify you (such as email address) for purposes of such advertising; however, these third parties may have access to information about your device (such as an advertising identifier or MAC address). We do
not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. If you would like toopt out of receiving tailored advertising in the Enjoy app, please follow the instructions available in our Support Center, here.
Do Not Track Policy
California law requires that operators of websites and online services disclose how they respond to aDo Not Track signal and whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked.
Because there is not yet a common understanding of how to interpret Do Not Track signals, the Service does not currently respond to Do Not Track signals. We continue to work with the onlineindustry to define a common understanding of how to treat Do Not Track signals.
Your User Profile
The information you enter into your user profile (your “Profile”) may be shared with your Enjoycontacts. You control your Profile and you can access and modify your Profile from the Enjoy application at any time. In addition, if you register with Enjoy using your Facebook account (e.g., Facebook Connect), we may store your Facebook ID and corresponding token on our servers and, if you give us your express consent, we will have access to and may collect certain information that you make available on Facebook (for example, your first and last names, email address, profile picture, your friend lists and birthdays). Your Profile is available to other users of the Service who are connected to you on Enjoy. In addition, unless you opt-out (which you may do at any time in the Enjoy application), your Profile is discoverable by other Enjoy users, including by way of example in listings of contacts that will include your proximity to other users (however, Enjoy will not share your location with any users). You may also “block out” any Enjoy user in your contact list from discovering your Profile at any time.
Data Access and Removal
You can always control what information you choose to share with us on the Service. To do so, you can change your settings in the Service or in your mobile device. Alternatively, you can remove the Service from your mobile device entirely. You can remove your data anytime you want by clicking here and submitting a request. Your data will no longer be available to your Enjoy contacts. If you ask us to delete your account, we will use commercially reasonable efforts to remove your data from our servers, however certain information may be retained in our back-up or archival systems. Please note that, after
your account is closed, we may retain certain information associated with youraccount, including for analytical purposes as well as for record keeping integrity. Notwithstanding the foregoing, If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following: If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved; (ii) Where we are required to retain the personal data for ourlegal, tax, audit, and accounting obligations, we will retain the necessary personal data for the periodrequired by applicable law; and/or, (iii) Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users. Any personally identifiable information andany content
that you share in text messages, photos, videos or otherwise in or through the Service with other users, or (ii) submit on a blog, bulletin board or chat room on our website or elsewhere, can be viewed and used by others, including to send you unsolicited messages
or to commit identitytheft. Enjoy is not responsible for any use or misuse of your information that might result fromyour disclosure of information.
Opt-Out – Promotional Communications
Enjoy allows you to choose not to receive promotional email messages from the Service or itsservice providers. You may opt-out by following instructions in the message sent by Enjoy or its service providers on how to unsubscribe from that particular mailing. You may also opt-out by contacting us at enjoyclubpro@gmail.com
Security
Protecting user privacy and personally identifiable information is a top priority for Enjoy. Wemake substantial efforts to ensure the privacy and security of all personally identifiable informationyou provide to us. Access to all personally identifiable information is restricted to those individualswho need to know that information in order to provide, operate, develop, maintain, support or improve the Service. Enjoy uses password protection, access logs, and system monitoring tosafeguard the confidentiality and security of all member information. However, due to the inherentnature of the Internet and related technology, we do not guarantee the protection of information under our control or in transit against loss, misuse, or alteration.
Data Transfer
Your information may be stored and processed in any country in which Enjoy maintains facilities, including outside of the United States. In this regard, or for purposes of sharing or disclosing data as described in this Privacy Policy, Enjoy reserves the right to transfer information outside of your country. By using the Service, you consent to any such transfer of information outside of your country. In addition, by using the Service (which is governed by California law, this Privacy Policy and our Terms of Use), you consent to be governed by Californialaw for these purposes and in connection with your use of the Service.
Age
The Service is not directed to children under the age of seventeen (17) and we do not knowingly collect personally identifiable information from children under the age of seventeen as part of the Service. If we become aware that we have inadvertently received personally identifiable information from a user under the age of seventeen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of seventeen aspart of the Service.
Notification of Changes
We reserve the right at our discretion to make changes to this Privacy Policy. You may review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Enjoy website, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy.
Contact Information
If you have any questions about this Privacy Policy, please contact us at enjoyclubpro@gmail.com. Any personally identifiable information provided in connection with inquiries related to this Privacy Policywill be used solely for the purpose of responding to the inquiry and consistent with our Privacy Policy.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of
“CS enterprises LLC”, 5595 FM 1187 Burleson Texas 76028