Terms of Service - Enthuse

The Site enthu.se/enthuse.com is an online service operated by Enthuse Inc. ("enthuse"), consisting of certain services and content provided by enthuse, affiliated companies and other third parties.

By using and/or visiting www.enthuse.com site (the "Site"), you agree to the terms and conditions set forth herein. These Terms & Conditions govern your use and actions in all areas, content, communications, sharing, posting and transactions on www.enthuse.com.

A. These terms of service ("Terms & Conditions") are a binding legal agreement between you and enthuse ("enthuse"), regarding your use of any sites owned by enthuse (including but not limited to the Site and any products or services available from the websites (collectively, the "Websites"). Please read these Terms & Conditions carefully before using any part of the Site.

As a condition of utilizing the functions and services provided by enthuse, you must read and agree to be bound by all the terms and conditions contained in this Agreement. Should you access any area of the enthuse Site, use any tools, functions or services that the Site offers, view any text message or graphics published on the site, or use any of our services, by submitting outfit and link information and a username/email address or by telephoning, faxing, emailing, or writing to us to make that request, confirms that you have read this Agreement and agree to be bound by the terms and conditions contained herein.

Should you not agree to be bound by all the terms and conditions contained in this Agreement, you must refrain from using any part of the Site, engaging in any business activity with enthuse or its "Websites" or from contacting us to request information, product, or services.

All websites owned and operated by enthuse have a positive intention to share different types of information for the users who visit the sites.

On some of these enthuse websites, users are able to submit or create "content" which includes, but is not limited to: text message, pictures, links, stories and forms of their contact information. In the spirit of positive information exchange and interaction through these websites owned by enthuse, including but not limited to enthuse.com, users have read, agree and understand to the following "enthuse General Website Guidelines," which is part of the larger Terms and Conditions document.

Without any limitation of the foregoing "enthuse General Website Guidelines" and the enthuse Terms & Conditions and Privacy Policy, YOU, the user of this website, AGREE NOT to use any enthuse websites, including but not limited to enthuse.com to:

1. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any Content or writing that hurts, harms, victimizes, harasses, degrades, or intimidates an individual person, group of individual persons, nation, on the basis of gender, religion, sexual orientation, race, ethnicity, age, disability, interests, hobby or for any reason;

2. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any Content that hurts, harms, victimizes, harasses, degrades, or intimidates any corporation, team, league, non-profit, school, brand, or group who's products, services, images, or any other affiliated content, statement, writing, etc. might be on or linked to any enthuse website.

3. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any information, data, text message, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, 'Content'), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, compromising of another's privacy, or hateful;

4. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any content or information showing or describing illegal, dangerous or unlawful acts. Further, intentionally or unintentionally violate any applicable local, state, national or international law.

5. 'Stalk' a user, group of users, or any individual or organization or Hurt, Embarrass or Harm minors in any way;

6. Impersonate any person or entity, including, but not limited to, a enthuse official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

7. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

8. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

9. For this website and other enthuse websites, enthuse does not solicit nor want to receive any secret, confidential, proprietary or information or other material from you in anyway (e.g. through the enthuse website or email). Therefore, any material/content sent to enthuse or the Site is deemed not secret or confidential. You also confirm and warrant that any information you transmit to the site is your own, original and not the property of another's or another has rights to it.

The Site will at times have links to websites of third parties ("linked sites") to which you may be able to link from, click on and go to or see.

Unless specified, these linked sites are not owned, controlled by or examined by enthuse, and enthuse is not responsible for any of the content, advertising, products, services, or any type of material on the suites.

It is your sole responsibility alone to review the terms of service/conditions of all of these linked sites. Make sure that you understand that it is your sole responsibility to understand the privacy policies, copyright, secrecy, decency, privacy, security, export and any other laws pertaining to the use of such third party sites.

In no event or instance shall enthuse or enthuse.com be responsible, liable - directly or indirectly - for the problem, loss damage, problem arising or caused by the use or browsing of these Linked or Third Party sites.

The types of "third-party or linked sites" that are included on enthuse.com, include, but are not limited to:

1. Sports websites - enthuse via enthuse.com hold an "affiliate" relationship with these websites where it aims to source interesting deals or opportunities that this Site calls "Sports Sits"

2. Spots News Sites - enthuse.com, at times, may post a list of "online dating" websites that are "third party" websites (see definition above).

3. League websites - websites for the specific leagues (e.g. NFL)

4. User generated links - at times, users who post to the Site may post links which lead to other third party websites.

NOTICE: the third party or linked websites may contain content and/or graphics that are not suitable for a minor or may be offensive. If you enter any of these linked websites, you assert you are of the legal adult age in your location/jurisdiction to view such content, graphics and/or materials. You also assert that any action of purchasing services, downloading content does not violate the standards or laws of your locality, town, city, county, state, province, country or other community that you belong to.

To link to another site, permission is granted by enthuse. To seek permission, you must contact us in writing over the internet. enthuse reserves the right to terminate, change, or link to any link at anytime requested by you or another source.

The websites operated by enthuse, included but not limited to enthuse.com, can contain links to third party websites that are not owned or controlled by enthuse. enthuse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, enthuse will not and cannot censor or edit the content of any third-party site. By using the websites operated by enthuse, included but not limited to emotions.com, you expressly relieve enthuse from any and all liability arising from your use of any third-party website

enthuse "enthuse" grants you, the user, revocable, non-transferable, and non-exclusive permission to use, access and interact with any enthuse website, including but not limited to, enthuse.com, provided that you AGREE NOT TO:

1. Alter, modify, or change any part of the Site, including but not limited to enthuse technology or technologies.

2. Access user submissions, accounts, or any part of the enthuse websites or technologies through any technology or means other than explicitly authorized by enthuse.

3. Distribute the any content in any form, medium or style (e.g. user submissions) from any part of the enthuse websites for any commercial use, without express written permission granted by enthuse.

4. Attempt to gain advertising or subscription revenue using this website or the content on it. Moreover, selling advertising, on the Websites or any third-party website, targeted toward content or user submissions from the Site

5. Use the Site, its content or services, that enthuse finds at its sole discretion, is used to compete or displace enthuse websites, including enthuse.com.

6. Pretend to be another person, organization or user.

7. Submit, Enter, Upload, post, or transmit any unsolicited or unauthorized advertising, spam, promotional materials, or any other form of solicitation.

8. Scrape, harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;

10. Submit, Enter, Upload, post, publish, e-mail, text message, call, share, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that aim to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

11. You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

12. Commit any action or activity that negatively affects other users' ability to engage in the Site or Services;

13. Commit any action that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Site, in whole or part, by, among other methods, signing up another party without their authorization or signing up multiple subscriptions under the same or different names;

14. Commit an action that disturbs the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

You agree to recognize that all user generated content, or content NOT created by enthuse, is not and does not express the opinions or biases of enthuse or its affiliate companies. You acknowledge that enthuse is not responsible for material submitted to enthuse or posted to the Web Site by users. enthuse does not pre-screen, monitor, review or edit the Content posted by users. However, enthuse and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in enthuse's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. enthuse is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to enthuse. You agree to immediately notify enthuse of any unauthorized use of the Service or any other breach of security known or suspected by you. You acknowledge and agree that enthuse may, but is in no event obligated to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of enthuse, its users or the public. You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. enthuse assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Web Site.

Any or all Content on the Web Site may be purged from time to time in enthuse's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by enthuse or submitted to enthuse, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of enthuse, and enthuse does not support or endorse Content (including any Contribution, whether or not edited by enthuse or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Any action encouraged by the reading or use of this website and/or some of the user generated content or third party links may include or enclose text, ideas or content that describes an event, date, meeting, or other iteration, product or service is your action alone and not at the responsibility of enthuse or its affiliate websites, including but not limited http://enthuse.com. On enthuse.com,. enthuse is not responsible for any of that content, nor is it responsible for your decision to mimic that content or buying or services or products discussed.

The content on enthuse Sites, including but not limited to enthuse.com, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to enthuse, subject to copyright and other intellectual property rights under the law. This Content on the enthuse Sites is not allowed to be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. enthuse reserves all rights not expressly granted in and to the Websites and the Content. You may access Content, User Submissions and other content only as permitted under these Terms & Conditions. enthuse reserves all rights not expressly granted in and to the Content and the Websites.

You understand that when using the enthuse sites, including but limited to enthuse.com, you will see user submissions of a wide variety and enthuse is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Further, you understand and acknowledge that these User Submissions to which you might be exposed could be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against enthuse or enthuse.com or any of its affiliate companies with respect thereto, and agree to indemnify and hold enthuse its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.

By submitting your user submissions to enthuse.com and therefore enthuse you hereby grant enthuse a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicenseable and transferable licence to use, sell, change, adapt, reproduce, sell, display and incorporate into any user submissions in any other websites or works in any form or technology being developed now or in the future by enthuse.

The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other enthuse products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by enthuse to exploit any User Submissions. By way of further clarification, enthuse may freely sub-license the rights that you grant it in this Section to a third party. To the extent necessary for enthuse to exercise its rights under the foregoing license, you hereby grant enthuse a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms & Conditions.

You agree that your conduct and user submissions on enthuse.com and any other enthuse Site will comport with the Community Guidelines which may be updated from time to time.

enthuse does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and enthuse expressly disclaims any and all liability in connection with User Submissions. enthuse does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and enthuse will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. enthuse reserves the right to remove Content and User Submissions without prior notice.

If you provide feedback to us regarding the Websites, Content, or User Submissions ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

enthuse may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

A. These Terms and Conditions apply to any and all users of any enthuse website, including but not limited to enthuse.com, whether that user(s) are just browsing, interacting, sharing or submitting content.

B. While we may notify you of changes to the Terms & Conditions, we ask that you continue to review this document for any periodic changes. enthuse "enthuse," at its sole discretion, may change or revise these Terms & Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

enthuse.com is a website that allows users to post, submit or upload content primarily focused on sports, sporting events, and sporting teams and leagues, and brands affiliated with those teams and leauges. They agree and are bound to comply with the posting and enthuse community standards when posting and the site aims for a positive experience for all persons everywhere.

We respect the intellectual property and copyrights of others and require the users who use this website also do the same. If you are a copyright owner or agent thereof who feels that any User Submission or content infringes upon your copy rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail), Please send the following information to the copyright agent:

- The best way to contact you: Your username, address, telephone number, and e-mail address;

- Describe the infringement in as much detail as possible

- Describe where this is located (preferably, send a link)

- A statement that states you have a good faith and belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

- An electronic or physical signature that the person is authorized to act on behalf of the owner of the copyright interest.

Copyright Agent (Contact only for copyright matters. For all other inquiries, please contact us here.)

Enthuse Inc.
ATTN: Copyright
Pier 1, Bay 3
San Francisco, CA 94111

You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid. Repeat Infringers. enthuse will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.

You agree that your use of the enthuse sites, including but not limited to enthuse.com, shall be at your sole risk. The website, content, and user submissions are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, and enthuse its managers, members, employees, licensors, suppliers, and agents disclaim all warranties, express or implied, in connection with the websites and your use thereof. enthuse makes no warranties or representations about the accuracy or completeness of the websites' content or the content of any sites linked to these websites and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the websites, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our websites by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the websites. enthuse does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the or any hyperlinked website or featured in any banner or other advertising, and enthuse will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event shall enthuse its managers, members, employees, licensors, suppliers, or agents, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from resulting from your access or use of the websites, content, or user submissions. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, enthuse.com's liability shall be limited to the extent permitted by law.

The maximum total liability of enthuse its managers, members, employees, licensors, suppliers, or agents to you for any claim under these terms of service, whether in contract, tort, or otherwise, is $50 U.S. Dollars. Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

The Websites are controlled and offered by enthuse from its facilities in the United States of America. enthuse makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless enthuse its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Websites.

enthuse may collect registration and other information about you through the Websites. enthuse' collection, use, and disclosure of this information is governed by the enthuse Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.

enthuse.com or the Site, or any owned and operated by enthuse is and does not intend to be for children's use. Some of the available information may concern certain topics that may not be appropriate for children. enthuse may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and enthuse.com may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by enthuse without restriction.

If any part of this agreement is deemed unenforceable or invalid, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of enthuse and the remaining portions shall remain in full force and effect.

If you have questions, concerns or need clarification about any part of these Terms & Conditions or the Privacy Policy or any part of the Site, please send us an email at contact@enthu.se and to Enthuse Inc., San Francisco, CA 94111