Last Updated: 1 May 2016
These Terms of Service (“Terms”) govern your access to and use of the EnGen (“EnGen”, “we” or “our”) website, services, and applications (collectively the “Service”). By accessing and using the Service or registering for an account, you accept and agree to be bound by the terms and provisions of this agreement. Please read the Terms carefully before registering or using the Service. If you disagree with any of the foregoing, you must immediately cease using the site.
These Terms are subject to change at our discretion. The most current Terms will be made available through the website. Any changes will be effective immediately for all new and existing users. You should regularly check the website for the most current Terms of this agreement.
Ownership and Intellectual Property
You maintain ownership of and responsibility for your projects, files, data sets, images, or similar material or information submitted or transmitted to, stored, or otherwise used in connection with the website by you (“Content”, or when attributed to you, “your Content”). You acknowledge and agree that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Content, and that you will bear all risks associated with your Content. We shall not be liable under any circumstance for your Content, including but not limited to any errors or omissions, or loss of data.
You agree to respect the intellectual property rights of others. You will not upload, submit, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right or rights of privacy of any person or entity, or any other material that you do not have a right to transmit under any other law or contractual or fiduciary relationship.
You may engage in public discussion through the Service via comments, and you are permitted to archive and publish your Content. Other users (and in some cases the general public) will be able to view, copy, transfer, and/or save such Content inside or outside the Service. Such Content will not be confidential, and all such Content is granted to us via a worldwide, royalty free, irrevocable, non-exclusive, perpetual, transferable license to use, distribute, reproduce, adapt, and publish without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Content, and to permit persons to whom the content is made available to do the same.
EnGen shall have no liability for any damages resulting from the use or misuse by any third party of your public Content, projects, and/or comments. You assume all risk in making your Content public.
EnGen reserves the right, but is not obligated, to remove any Content that we believe, in our sole discretion, violates these Terms or is otherwise objectionable. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or government request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user requests; or (v) protect the rights, property, or safety of EnGen, its users, and the public.
Accuracy of Information
This website and its components are offered for educational and informational purposes only; we shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service.
Your Access and Use of Service
Subject to these terms, EnGen grants you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable right to use the Service. If you are using the Services on behalf of an organization or entity (“Organization”), you warrant that you have the authority to bind the Organization to these Terms and you agree to these Terms on behalf of that Organization and yourself. In that case, “you” and “your” refer to you and that Organization.
You must provide us accurate information when you create your EnGen account. We reserve all rights not expressly granted in these Terms. We can terminate this license at any time for any reason or for no reason. The Service may change from time to time as we integrate new features and refine existing ones, often without prior notice to you. EnGen may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
You assume all responsibility for protecting the password and login information that you use to access the Service and for any activities or actions under your account, whether your password is with EnGen or a third-party service. We recommend a strong password that uses a combination of upper- and lowercase letters, numbers, and symbols. You are not permitted to allow any other person to use your login information to access the Service. You must notify EnGen immediately upon becoming aware of any breach of security or unauthorized use of your account.
EnGen Property, Copyrights and Feedback
All right, title, and interest in and to the Service are and will remain the exclusive property of EnGen and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the EnGen name or any trademarks, logos, domain names, and other distinctive brand features. We shall be free to use in any manner and for any purpose any ideas, suggestions, improvements, and/or other feedback you provide to us with regards to our service, software, or documentation, without liability or compensation to you or restriction of any kind.
Billing and Subscriptions
Your free or paid subscription will automatically continue year-to-year, unless and until you cancel the subscription or we terminate it. You must have Internet access and provide us with a current, valid and accepted method of payment (“Payment Method”) in order to purchase and use a paid subscription. We will bill your subscription fees to your Payment Method perpetually until you downgrade or cancel your subscription. You must downgrade or cancel your subscription before it automatically renews in order to avoid billing of the next period's subscription fees.
We reserve the right to modify, terminate or otherwise ammend, in our sole discretion, our subscription packages at any time.
By subscribing to a paid package and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the specified rate at that time, and any other charges you may incur in connection with your use of the Engen Service.
We reserve the right to adjust pricing for the Service or any components thereof in any manner and at any time. You will be provided notice via email or notification within the Service prior to any price change to your Service.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following cancellation of a paid subscription, you will continue to have access to your paid services until the end of the billing cycle. We may provide, at any time and for any reason, a refund, discount, or other consideration to any or all of our users.
You are responsible for paying all applicable taxes and duties that may be levied or imposed by reason of your paid use of the Service. You agree that EnGen may charge to your Payment Method the amount of any taxes or duties charged to EnGen as a result of the paid use of the Service.
You are responsible for keeping your Payment Method up to date via your account. In the event of an expired Payment Method and/or overdue accounts, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer may charge you foreign transaction fees or other charges. Verify any applicable fees with your provider.
You may downgrade or cancel your subscription at any time. Should you choose to do so, you are responsible for exporting your Content prior to downgrading or cancellation.
Disclaimer of Warranty
The service is provided on an “as is” and “as available” basis, without warranty of any kind. Use of the service is at your own risk. The Service is provided without warranties of any kind, whether expressed or implied, to the maximum extent permitted by applicable law. Without limitation, EnGen does not warrant that the Service will meet your requirements, that the content is accurate, reliable or correct, that the Service will operate without interruption or securely, or that any defects or errors will be corrected. Furthermore, EnGen shall not be responsible for any delays, delivery failures, or any other unavailability, loss or damage resulting from the transfer of data over communication networks and factilities, including the Internet. Any content downloaded or otherwise obtained through the use of the Service is done so at your own risk and you will be solely responsible for any damage to your property or loss of data. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
You recognize and agree that the price paid for the rights granted to you herein may be disproportionate to the value of the products to be designed, stored, managed or distributed in conjuction with the Service.