enthuse.me Limited, a company registered in England and Wales (No. 07980657) with a registered office at: 33 Cavendish Square, London, W1G 0TT, herein referred to as ‘Enthuse’ or ‘We’ set out the following terms and conditions upon which Enthuse governs and manages a User’s (i.e. the person visiting the Site herein referred to as ‘You’ and ‘Your’) access to and use of the Services (as defined in more detail below).
Thank you for expressing an interest in contributing to the improvement of the User experience on www.enthuse.me (the ‘Site’) whose raison d’etre is to reveal, publish and disseminate true expertise amongst registered Enthuse experts and non-registered users (whether experts or not) who browse our Site in the quest for expertise. By facilitating an online platform which fosters the promotion of, or search for, expertise, Enthuse makes the Services (as defined below) available via the Site to enable one and all to achieve great things individually or in collaboration with others globally.
(A) The Software:
The Software allows You to, amongst other things, view and interact with the Site and the Interactive Services (as defined) enabling You to manage Your existing user generated content (‘UGC’) on various related websites and web platforms including but not limited to Facebook, LinkedIn, YouTube, Twitter, Blogger, Soundcloud, Vimeo and Slideshare from one simple interface (each an ‘SM Site’). Enthuse has agreed to the individual developer terms i.e. the API terms pertaining to various SM Sites enabling Enthuse to offer Users a unique software platform application (‘Platform Application’) to interface with an SM Site originated API.
(B) The Interactive Services:
The Interactive Services include but are not limited to:
When You view and interact with the Site’s Interactive Services, You have the option (by granting Your consent), to share with Enthuse Your UGC from the online pages of one or more SM Sites (to which You are a registered member) via our embedding facilities. You can connect to our Site by making use of Facebook authentication, which once authenticated and verified by Facebook, allows You to immediately and effectively make use of the Enthuse Interactive Services. This means that Enthuse may access and share certain information about You. If You wish to revoke Your consent granted to Enthuse and cease using the Interactive Services, You can do so at any time. Please consult our Privacy Policy for further details.
(C) The Site:
The Site offers the platform which incorporates and utilises the Software and its’ features and functionalities enabling access to and use of the Interactive Services(collectively, the ‘Services’).
This agreement incorporates our Privacy Policy and Cookie Policy by this reference (collectively called the ‘Licence’). By using the Services, You expressly agree to be bound by this Licence and all applicable laws and regulations governing the Services. The Licence forms a legally binding agreement between You and Enthuse in relation to Your access to and use of the Services and applies to all Users of the Services. Enthuse is not responsible for Your use or Your inability to use the Platform Application or any of the Services, including the content, accuracy or reliability of the same as well as the privacy policies, cookie policies and other policies of SM Sites or any other third party websites or web platforms.
Please note that because Enthuse uses the SM Connect Platforms of various SM Sites to facilitate Your use of the Services, if You interact with Enthuse through any SM Connect Platform option then that SM Connect Platform’s terms and conditions, guidelines, privacy and cookie policies also apply to Your use of the Services. If there is a conflict between the Enthuse terms and those which apply to the SM Connect Platform that You connected to us through, the Enthuse terms will prevail as between You and Enthuse and the SM Connect Platform’s terms and conditions will apply as between You and them.
You should read the Licence carefully and ensure that You understand the effect before proceeding to access and use the Services. If You disagree with any part of the Licence, do not use any of the Services. If You violate the Licence, Enthuse may terminate Your use of the Services, bar You from future use of the same, and/or take appropriate legal action against You. Enthuse reserves the right to change the terms of this Licence at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that Enthuse will treat Your use of the Services as acceptance of the terms of this Licence going forward including Your continued use subsequent to any changes being posted on the Site.
2.1 When using the Services e.g. if You submit any information, publish any UGC via the Services or display links to Embeddable Content, You automatically grant:
(a) to Enthuse, a worldwide, non-exclusive, irrevocable, royalty-free, transferable license (with right to sub-license) to copy, use, improve, retain, add, process, analyse, reproduce, distribute, prepare derivative works of, display, and perform that UGC in connection with the provision of the Services including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
(b) to each other User of the Services (and internet users in general with whom You share Your UGC), a worldwide, non-exclusive, royalty-free license to access Your UGC through the Services or otherwise, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Licence.
2.2 Unless terminated (or suspended) for reasons such as those set out in paragraph 12 or unless Enthuse is no longer providing the Services to You, the above Licences granted by You terminate within a reasonable time of when You stop using the Services or when You remove or delete all Your UGC from the Site (unless You have shared Your UGC with others on or off the Site, and they have not deleted it). Alternatively, if You wish for Your UGC to be removed or deleted from the Site by Enthuse, please contact Enthuse by sending an email to [email protected] with “REMOVAL OF UGC REQUEST” in the subject line or send Your request in writing by post to Enthuse at the contact address at the beginning of this Licence. The above licences granted by You in text You submit as UGC are perpetual and irrevocable, but are otherwise without prejudice to Your ownership rights. Enthuse does not claim ownership of the UGC You submit or make available for inclusion on the Site.
2.3 Enthuse does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it on or off the Site. You retain all of Your ownership rights in Your UGC but You grant to Enthuse (and other members of the public with whom You share Your UGC) the limited licences set out in paragraphs 2.1 (a) and (b) above.
2.4 As between You and Enthuse (and third party users with whom You share Your UGC), You assert and waive any and all moral rights in UGC.
2.5 You acknowledge that submitting any information and/ or UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site.
2.6 You are free to edit, remove or delete any of the UGC You submit to the Site for whatever reason.
With the exception of UGC submitted to the Site by You (or other registered Enthuse Users), all other content and the selection and arrangement of such content on the Site is either owned by or licensed to Enthuse (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of Enthuse and the licensors of Enthuse. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You (or other registered Enthuse Users), are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Enthuse or, where applicable, the licensors of Enthuse. Enthuse and its licensors reserve all rights not expressly granted in and to their Content.
We will terminate the privileges of any User who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Users who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing User’s rights to use and/or access the Services. We may also in our sole discretion, decide to terminate a User’s rights to use or access the Services prior to that time if We believe that the alleged infringement has occurred.
5.1 Where You are asked to complete an Enthuse online registration form the personal details that You provide must be true, accurate and complete.
5.2 When You are subsequently sent an automated email inviting You to sign up through an SM Site via an SM Connect Platform by using Your username and unique password applicable to Your log-in to that SM Site, the SM Site will authenticate and verify Your log-in details and You will be asked if You would like to grant Your consent to the Enthuse Platform Application accessing Your existing UGC residing on that SM Site.
5.3 This Site only uses the SM Connect Platform to log in to the Site. There is no dedicated Enthuse username or unique password. The Platform Application is powered by the SM Site originated API.
5.4 You should keep the username(s) and/ or password(s) relevant to Your SM Site confidential and not reveal it to anyone else. You are responsible for anything that happens through Your Enthuse account until you close down Your account or prove that Your account security was compromised due to no fault of Your own. We do not have the means to check the identities of people using the Site and who log in via an SM Connect Platform and will not be liable where Your username(s) and/or password(s) are used by someone else. You agree to notify Enthuse immediately by email at [email protected] of any unauthorised use of Your account of which You become aware.
5.5 You will not create additional accounts for the purpose of abusing the functionality of the Site or other Enthuse Users or for any other reason in breach of the terms of this Licence.
5.6 If You wish to close Your Enthuse account on the Enthuse Site, please contact Enthuse by sending an email to [email protected] with “ACCOUNT CLOSURE REQUEST” in the subject line or send Your request in writing by post to Enthuse at the contact address at the beginning of this Licence. This notice will be effective upon Enthuse processing your notice of cancellation.
You agree to provide true and accurate information when using the Services. You may NOT use another person’s email address, account, account details or the name of another individual when using the Services nor permit others to use Yours and You agree to notify Enthuse immediately of any unauthorised use of Your email or any other breach of security. Although Enthuse cannot monitor the conduct of Users off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding Site images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal non-commercial use.
Enthuse grants You permission to access and use the Services subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Licence on Your part. You agree:
(a) not to sell, license, rent, distribute or otherwise exploit any UGC or Content for any other purposes without the prior written consent of Enthuse or the respective licensors of the UGC or the Content;
(b) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Services, including but not limited to any UGC or Content, in any medium without the prior written authorisation of Enthuse, unless Enthuse makes available the means for such activity through functionality offered by the Services;
(c) not to alter or modify any part of the Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) not to access UGC through any technology or means other than the Site itself or such other means as Enthuse may explicitly designate for this purpose;
(e) not to access or attempt to access the accounts of other Enthuse Users or penetrate or attempt to penetrate the security measures of Enthuse;
(f) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Services or specifically, the UGC or Content accessible via the Services.
(g) not to use any area of the Site or Interactive Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. You must not sell, trade or otherwise transfer Your Enthuse account to another party and You must refrain from charging anyone for access to any portion of the Site or any information therein. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Interactive Services. We reserve the right to block access to this Site, or to cancel an order with respect to any person who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these terms, or infringing Enthuses’ rights. Breaching any terms on the Site will be deemed to be a breach of this Licence.
(h) not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(i) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any User of the Services.
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:
(a) is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(e) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; and,
(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
This Licence incorporates our Privacy Policy and Cookie Policy by this reference which apply in full to Your use of Services. Please note that certain information, statements, data, and content (such as photographs) which You may submit to Enthuse e.g. to build Your Enthuse Profile, might, or are likely to, reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge that You are wilfully submitting this content to us. You understand that by releasing this content i.e. Your personal details hereby forfeits Your privacy and anonymity under this Licence.
11.1 Enthuse does not warrant the validity and accuracy of information on the Site pertaining to the Services or that it is kept up-to-date. The Services are delivered on an “as-is” and “as-available” basis. Enthuse shall use reasonable endeavours to ensure that the Services and any information it holds on You as a result of the Services are kept secure. However, due to the nature of the internet, Enthuse does not represent or warrant to You that:
(a) Your use of the Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Services or any content, search or link on it;
(b) Your use of the Services will meet Your requirements;
(c) any information obtained or downloaded by You as a result of Your use of the Services will be accurate, reliable or free of viruses or contamination or destructive features;
(d) Your shared UGC will not be used by a third party in various ways;
(e) there will not be any defects in the operation or functionality of any Software provided to You as part of the Services; and,
(f) those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
The Site may contain hyperlinks or produce search results or SM Connect Platforms that reference or link to third party sites throughout the World Wide Web (‘Third Party Sites’). Although Enthuse has created a Platform Application to interface with Third Party Sites i.e. SM Sites via the SM Site originated API, Enthuse does not accept any responsibility for, nor endorse such Third Party Sites and their features, content, advertising, products or other materials on or available from such Third Party Sites or Platform Applications and cannot therefore guarantee, represent or warrant that the content contained in a Third Party Site is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. Accordingly, by using the Site to search for or link to a Third party Site, You agree and understand that You may not make any claim against Enthuse for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to a Third Party Site. Enthuse advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.
13.1 You acknowledge that Enthuse has no obligation to monitor any UGC submitted to the Site. You further understand and agree that in Enthuse’s sole discretion, and without prior notice, Enthuse may terminate its Licence with You and Your account for any reason or no reason, at any time, with or without notice and may therefore choose to suspend or terminate Your access to the Services or exercise any other remedy available. Enthuse may modify or delete any unauthorised UGC if Enthuse believes that the UGC You provided is inconsistent with this Licence or has violated the rights of Enthuse or another Enthuse User. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.
13.2 Enthuse may release Your UGC for the sole purpose of administering the Services and this Licence and also if required by law or subpoena, or if necessary or appropriate to release to deal with an unlawful or harmful activity.
13.3 You agree that monetary damages may not provide a sufficient remedy to Enthuse for violations of this Licence and You consent to injunctive or other equitable relief for such violations.
13.4 You acknowledge and agree that to improve, update or expand the Services, Enthuse may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to Users generally at Enthuse’s sole discretion, without prior notice. Enthuse further reserves the right to withhold, remove and or discard any UGC available as part of Your Enthuse Profile, with or without notice if deemed by Enthuse to be contrary to this Licence. For the avoidance of doubt, Enthuse has no obligation to store, maintain or provide You with a copy of any UGC that You or other Users provide when using the Services.
14.1 You represent and warrant that:
(a) You are 16 years of age or older;
(b) You are not currently restricted nor otherwise prohibited from having an Enthuse account;
(c) You are not a competitor of Enthuse nor are You using the Services for reasons that are in competition with Enthuse;
(d) You have full power and authority to enter into this Licence and in doing so will not violate any other licence or like agreement to which You are a party; and
(e) You are not violating any rights of Enthuse or any third party, (including intellectual property rights such as copyright or trademark rights, rights of privacy or rights of publicity) unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Enthuse the licence referred to in paragraph 1 above. You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable Enthuse to use Your UGC in the manner contemplated by the terms of this Licence;
(f) You are happy to share Your UGC with all those persons to whom You make Your UGC available to and to other third parties who access and/ or register on the Site where applicable;
(g) You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for Enthuse to use or possess in connection with the provision of the Services;
(h) You are entitled to submit the information You have submitted to us and that the information submitted is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is Your responsibility to keep your Enthuse Profile information accurate and updated.
(i) You will comply in particular at all times with paragraphs 5, 7, 8 and 9 of this Licence relating to Conduct, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality.
15.1 You agree that You are solely responsible for any breach of Your obligations under the Licence and for the consequences of any such breach.
15.2 You agree to indemnify and hold Enthuse harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against Enthuse, arising out of or in connection with:
(a) any breach of the terms of this Licence (including the Privacy Policy and the Cookie Policy as incorporated) or breach of warranty by You or by Your acts or omissions including, without limitation, Your use of the Services and any UGC You submit to the Site;
(b) any breach by a third party arising out of Your use of the Services or by Your acts or omissions, including also Your use of the Services to provide a link to another website or to upload UGC to the Site (unless You have a formal licence or permission from the rightful copyright owner, or are otherwise legally entitled, to post the UCG in question and to grant Enthuse the Licence); and,
(c) any activity in which You engage in through the use of the Services.
16.1 Nothing in this paragraph 16 shall exclude or restrict Enthuse’s liability for:
(a) fraudulent misrepresentations;
(b) any liability where the law does not permit such exclusion of liability; and,
(c) death or personal injury arising from negligence.
16.2 Enthuse shall not be in breach of any of its obligations under this Licence which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Licence.
16.3 Subject to paragraph 16.5, Enthuse shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Services or, any loss or damage which may be incurred by You as a result of:
(a) any breach by You of this Licence or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Services in accordance with the terms of this Licence;
(b) any reliance placed by You on the completeness, accuracy or existence of any advertising;
(c) any changes which Enthuse may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(d) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Services;
(e) the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
(f) the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Services.
16.4 The limitations on Enthuse’s liability to You in this paragraph 16 shall apply whether or not Enthuse has been advised of or should have been aware of the possibility of any such losses arising.
16.5 Except as expressly set out in this Licence, Enthuse gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
This Licence incorporates our Privacy Policy and Cookie Policy which together constitute the entire agreement between You and Enthuse in relation to Your use of the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting the Licence, the remaining terms shall remain valid and in force.
This Licence shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without he prior written consent of Enthuse. Enthuse reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as Enthuse or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
Failure by either Enthuse or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts.