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Please read this Agreement carefully before using the Services. By using the website https://app.enigma.io (the “Site”), and applications, features and other content (collectively, the “Services”) offered by Enigma Technologies, Inc. (“Enigma”), you signify your assent to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services.
The Services, owned and operated by Enigma, [provide users with a searchable database of public records, information and documents.] This Agreement applies to all users of the Services. Your use of the Services is an acknowledgment that you understand and agree to be bound by this Agreement, any fees applicable to you, any additional guidelines, Enigma's Privacy and Copyright Policies, and any future modifications of this Agreement. The Services are accessed by you (“User” or “you”) under the following terms and conditions:
1. ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Enigma may provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, the offering of any materials displayed or performed on the Site and related features (including, but not limited to text, data, software, graphics, photographs, images, illustrations, audio clips and video clips, also known as the “Content”). Enigma may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or Content. Enigma may also restrict your access to parts or all of the Services without notice or liability. Enigma may modify this Agreement at any time by posting a notice on the Services, or by sending you a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. If at any time you do not agree to these terms and conditions, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
You certify to Enigma that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case the terms “you” or “your” shall refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.
Enigma will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Enigma to minimize such disruption where it is within Enigma’s reasonable control. Enigma will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the Services, your Results (as defined herein) or other content.
You shall not store any significant portion of the Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Enigma, or from the copyright holder identified in such Content's copyright notice. All trademarks, service marks, and trade names which appear on the Services are proprietary to Enigma or third parties. You shall abide by all copyright notices and restrictions contained in any Content accessed through the Services.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. and other copyright laws. Subject to the terms and conditions of this Agreement, Enigma grants you a nonexclusive, nontransferable right and license (without right to sublicense) to access and use the Services, solely for your internal business purposes. You may not (except as provided in this Section of this Agreement) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
3. CUSTOMER DATA.
You acknowledge and agree that if you provide Enigma with data about yourself or your business in connection with your use of the Services (“Customer Data”), you hereby do and shall grant Enigma a non-exclusive, worldwide, royalty-free, transferable right to use, modify, reproduce, and display such data to (i) provide the Services and (ii) improve the Services’ ability to deliver Results (as defined below) to you. You warrant, represent and agree that you have the right to grant Enigma the rights set forth above.
Enigma may, but is not obligated to, monitor Customer’s usage of the Service and remove any Content or prohibit any use of the Services, if Enigma believes in its sole discretion such Content or use may be (or is alleged to be) in violation of these Terms of Service or any applicable laws. All information transmitted through the Services is the sole responsibility of the party from whom such information originated. Enigma does not assume liability for any Customer Data. You are responsible for all Customer Data submitted under your account, including Customer Data contributed by a third party under your account.
Any feedback relating to the Services (“Feedback”) submitted to Enigma shall become the property of Enigma. Enigma will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in our future Services, or operations.
Unless otherwise agreed by the parties and subject to Enigma’s rights set forth in this Section 4, you shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to all data developed using your Customer Data during the performance of the Services and delivered to you by Enigma (“Results”). Results are works made for hire to the extent allowed by law, and Enigma makes all assignments to you necessary to accomplish the foregoing ownership. You hereby grant Enigma a limited, non-exclusive right (i) to disclose your Results to Enigma’s employees and agents solely as required for them to provide Enigma with their products and services, and (ii) to disclose your Results to comply with court order, law, or direction by a governmental or regulatory agency (in which event, Enigma will use reasonable efforts to provide prior written notice to you of such disclosure and the opportunity to object to such disclosure or to seek confidential treatment of such data), and (iii) to use your Results to operate, manage, and maintain the Services, and to improve the Services’ ability to deliver web and application analytics services to you. Enigma may compile and analyze Results and prepare reports and other work product using the aggregate Results compiled from you and other customers. Notwithstanding anything in this Agreement, Enigma shall have exclusive ownership rights to, and the exclusive right to use, such compiled Results for any purpose, including, but not limited to advertising, marketing, and improvement of the Services. Enigma shall not distribute compiled Results in a manner that identifies you without first obtaining your prior written consent.
Enigma has no obligation to store any Results after delivery of such Results to you. Enigma reserves the right to withhold, remove or discard Results without notice for any breach of this Agreement by you, including, without limitation, your non-payment of fees due hereunder. Upon termination of this Agreement for your breach, Enigma shall have no obligation to maintain or forward any Results to you.
You are responsible for all of your activity in connection with the Services. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Enigma user. Enigma will not be liable for any failures in the Services or other problems which are related to your Customer Data or any equipment or service outside of Enigma’s facilities or control.
You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Services. You will use the Services only in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation). You represent, warrant and covenant that your use of the Services shall at all times comply with Enigma’s Copyright Policy, as may be amended by Enigma from time to time.
6. WARRANTY DISCLAIMER.
Enigma has no special relationship with or fiduciary duty to you. You acknowledge that Enigma has no control over, and no duty to take any action regarding: which users gain access to the Services; what Results you may obtain via the Services; what effects the Content may have on you; how you may interpret or use the Results; or what actions you may take as a result of having been exposed to the Content. You release Enigma from all liability for your having acquired or not acquired Content and Results through the Services. Enigma does not manage or control any business or individual that you may interact with through the Services, and Enigma accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against Enigma with respect to acts and omissions by such entities.
The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Enigma makes no representations concerning any content contained in or accessed through the Services, and Enigma will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, ENIGMA DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT ENIGMA IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THROUGH THE SERVICES; AND (4) THE INABILITY TO ACCESS OR RETRIEVE ANY RESULTS FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.
7. THIRD PARTY SITES AND SERVICES.
Users of Enigma may gain access from the Services to third party sites on the Internet. Third party sites or services are not within the supervision or control of Enigma. Enigma makes no representations or warranties about any third party site or resource, and does not endorse the products or services offered by third parties. Enigma disclaims all responsibility and liability for content on third party websites. You hereby irrevocably waive any claim against Enigma with respect to third party content. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement shall not in any way modify your Agreement here with Enigma.
8. REGISTRATION AND SECURITY.
As a condition to using Services, you may be required to supply Enigma with certain registration information. You shall provide Enigma with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in termination of your access to and use of the Services. You shall never use another User’s account or registration information, for Enigma’s or any third party services you access through Enigma, without permission. Enigma reserves the right to refuse registration of or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your Enigma password and for all activity of any person who accesses the Services using your password.
You irrevocably authorize Enigma to disclose your personally identifiable information or the personally identifiable information of your end users collected by Enigma at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
You will indemnify and hold Enigma, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity, including but not limited to any third party claims relating to your disclosure of end personally identifiable information of your end users to Enigma.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ENIGMA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR USING RESULTS. ENIGMA’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION; FEES.
Either party may terminate the Services at any time by notifying the other party by any means. Enigma may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services and access Results will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Enigma may charge a monthly subscription fee for use of the Services. In the event you purchase paid Services, your credit card will be charged on the first day of each monthly billing cycle beginning on your sign-up date. You may cancel your Enigma subscription at any time, but once you have been charged a subscription fee, there are no refunds, partial or in full, for that fee.
13. DISPUTE RESOLUTION.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the state and federal courts located in the State of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
Enigma has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) and other applicable laws. The address of Enigma’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Enigma’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Site or Services infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Enigma Technologies, Inc., 60 Broadway #402B, New York, NY 10012, Attn: Legal, telephone: (917) 288-8441, containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Enigma is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Enigma’s policy to remove or disable access to the infringing Content and to notify the Content provider or user that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Services and that Enigma will terminate such content provider’s or user’s access to the Site and the Services.
In the event that Enigma notifies a user that Enigma has received proper infringement notification about such user’s Content, the user may elect to send Enigma a counter notice.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with Enigma, the user must provide the following items to us in writing:
The specific URLs of material that Enigma has removed or to which Enigma has disabled access.
User’s name, address, telephone number, and email address.
A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Send the written communication to the following address:
Enigma Technologies, Inc.
560 Broadway #402B
New York, NY 10012
Attn: Legal Attn: Legal (DMCA Counter-Notification)
Tel: (917) 288-8441
After we receive the user’s counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes the user’s personal information. By submitting a counter-notification, the user consents to having the user’s information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site or the Services. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.
Copyright 2013 Enigma Technologies, Inc. All rights reserved.
Last Updated: March 2013
PERSONAL INFORMATION COLLECTED BY ENIGMA
Information You Provide to Us:
We receive and store any information you enter on the Site or through the Services or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. The personal information you provide is used for such purposes as responding to your requests for certain services, customizing the content you see, performing research and analysis of your use of our Services, and marketing our Services and those of our partners to you.
In order for you to use all of our features, you must register with Enigma. We require your name, company or organization name, e-mail address, and password during the registration process. We may also request optional demographic information and unique identifiers to provide you with a more personalized service. We may, or we may engage third party payment processors to, collect financial or payment information from you, such as credit card number, type, expiration date, or other financial information. We may use financial information or payment method to process payments for any purchases, subscriptions or sales made on our Site or through our Services, and otherwise as needed to manage our business.
We receive and store certain types of information whenever you interact with us. Enigma automatically receives and records “traffic data” on our server logs from your browser including your IP address, Enigma cookie information, and pages and data you request. Enigma uses this traffic data to analyze trends and administer the Services. Our service automatically collects usage information, such as the numbers and frequency of visitors to the Services. This data is only used in the aggregate. This type of collective data enables us to figure out how often users use different parts of the Site and Services. In addition, we may provide statistical collective user information, not information about you personally, to our partners so that they understand how often people use specific components of our Site and Services.
If you contact us via e-mail through the Services or Site, we may retain a record of your contact information and any information you provide us in your message to respond to you. We may receive a confirmation when you open an e-mail from Enigma.
Information From Other Sources:
To improve our Services, we may receive information about you from other sources and add it to our account information. We do not share this information with anyone except authorized third parties in connection with providing you with our Services.
Sharing of Information by Enigma:
We neither rent nor sell your personal information to anyone. Except as provided for in any additional agreement you enter into with Enigma, we share your personal information only as described below:
Affiliated Businesses We Do Not Control:
Enigma may provide services or sell products jointly with affiliated businesses. We will share customer information that is related to such transactions with those affiliated businesses. We require our business partners to provide the same level of privacy protection that we do and they do not have the right to share or use personal information for any purpose other than for an authorized transaction. Enigma shall be entitled to receive from such third party affiliated businesses a record of any purchases or transactions you have entered into with them. Enigma may share aggregated demographic information with business partners.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services. Examples include providing the Services, marketing assistance, and customer service. Our agents subscribe to the same level of privacy protection as we do. Unless we tell you differently, Enigma’s agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
We may send offers to certain users on behalf of other businesses or provide other businesses or organizations with the opportunity to notify users directly of promotions by text messages or e-mail. If you do not wish to receive these offers, please e-mail us at email@example.com.
Information Accessible Through Social Networking Services:
If you register for the Services and grant Enigma access to accounts you have with third party service providers, including providers of social networking services, we may receive personally identifiable information that you provided to those third party providers, or information that post on your accounts with them which is viewable on or through the Site and Services, subject to the privacy policies of those sites and privacy settings you have chosen in your accounts with them. Enigma or other parties may use information posted by you, along with your profile information, in any medium now existing or developed in the future. Enigma will use commercially reasonable efforts to attempt to notify you before using information posted by you along with your profile in other media.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Enigma, or substantially all of its assets, were acquired, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Enigma may continue to use your personal information as set forth in this policy.
Protection of Enigma and Others:
We may release personal information when we in our sole discretion believe in good faith that release is necessary or appropriate to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of Enigma, our employees, our users, or others.
With Your Consent:
Except as set forth above, you will be notified when your personal information may be shared with third parties.
Your Enigma account information is protected by a password for your privacy and security. We use industry-standard Secure Socket Layer (SSL) software to protect the security of your personal information during transmission, which encrypts all of the information you input. Only employees or agents who need personal information to perform a specific job are granted access to it. All of our employees are kept up to date on our privacy and security practices. While Enigma uses commercially reasonable means to secure your information, we do not guarantee that your personal information will not be improperly accessed, disclosed, or destroyed by breach of any of our safeguards.
You are able to access, add to and update certain information about you. When you update information, however, we often maintain a copy of the unrevised information in our records. You may delete your Enigma account by following the deletion process set forth on the Services. Some information may remain in our records after you discontinue your account.
Conditions of Use:
For users outside the United States, please note that any data or personally identifiable information you enter into the Services or Site will be transferred out of your country and into the United States. You consent to such transfer through your use of the Services and Site. You also warrant that you have the right to transfer such information outside your country and into the United States.
Questions or Concerns:
If you have any questions or concerns regarding privacy at Enigma, please send us a detailed message to firstname.lastname@example.org or to Enigma Technologies, Inc. at 560 Broadway #402B, New York, NY 10012. Your privacy is important to us and we will make every effort to resolve your concerns.
Last Updated: January 2013