1. Acceptance of the ToS
Welcome to Enderys. Use of and access to the Enderys website, information, materials, products, chat systems, resources, and anything else on Enderys ("Enderys content") are subject to the terms and conditions laid out in this document or future revisions, referred to hereafter as the ToS. Please read the ToS carefully, INCLUDING THE BINDING ARBITRATION PROVISION, before using Enderys. Usage of Enderys constitutes a binding agreement between you and Enderys to abide by the ToS. If you do not agree to the ToS, do not use Enderys. Enderys reserves the right to update the ToS at any time without prior notice. It is your obligation to review the ToS with each usage of Enderys to remain informed of the current terms. Any use of Enderys after such notice constitutes acceptance of the changes, modifications, or additions to the ToS.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Proper Use
Enderys hereby grants, and by using Enderys you thereby accept, a limited license to browse Enderys's website. You may use Enderys only for lawful purposes and in accordance with the ToS. You agree not to use Enderys:
- In any way that violates applicable national or international law or regulation.
- To exploit, harm, or attempt to harm minors by exposing them to inappropriate content or otherwise.
- To transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations.
- To impersonate or attempt to impersonate Enderys, a Enderys employee, another user, or any other person or entity.
- In a way that infringes upon others' rights or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, or harmful purpose or activity.
- To restrict or inhibit anyone's use of Enderys, or to harm or offend users or expose them to liability as determined by us.
- To disable, overburden, damage, or impair Enderys or interfere with others' use, including their ability to engage in real-time activities.
- To use any robot, spider, scraper, or other automated means to access Enderys for any purpose, including monitoring or copying material.
- To reverse engineer Enderys.
- To study or use Enderys in aid of a competitor or potential competitor.
- To manually copy content without authorization.
- To introduce viruses, trojans, worms, logic bombs, or other malicious material.
- To gain unauthorized access to, interfere with, damage, or disrupt parts of Enderys, servers, or connected databases.
- To attack Enderys via denial-of-service or distributed denial-of-service attacks.
- To post spam, make excessive requests, or upload inappropriate content, libelous material, offensive content, or anything else deemed improper by Enderys at its sole discretion.
Age Requirement: Enderys is available only to individuals eighteen (18) years of age and older. Children aged thirteen (13) to eighteen (18) must have a parent or guardian complete the registration process, with the parent or guardian taking full responsibility under this license.
Enderys reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without liability or explanation.
3. Purchases
If you wish to purchase any product or service from Enderys ("Purchase"), you may need to provide certain information, including but not limited to your credit card number, expiration date, billing address, and shipping details. You represent and warrant that:
- You have the legal right to use the provided payment method(s).
- The information supplied is accurate and complete.
Enderys may use third-party services to facilitate payments. By providing your information, you grant us the right to share it with these services. Enderys reserves the right to cancel orders for reasons including errors, suspected fraud, or service unavailability. Except as required by law, purchases are non-refundable.
4. Content
Enderys may contain user-generated content. Enderys does not endorse or verify such content and disclaims liability for any reliance on it. Users bear full responsibility for their content and any consequences arising from its submission. Enderys reserves the right to remove inappropriate content without notice or explanation.
5. Intellectual Property Rights
Enderys retains ownership of all intellectual property related to the platform, including but not limited to trademarks, designs, code, and concepts. Users retain rights to their submitted content but grant Enderys a permanent, worldwide, non-exclusive, royalty-free license to use it for service provision, promotion, and other purposes.
6. No Resale of Service
Enderys content may not be sold, resold, or distributed without proper acknowledgment or authorization. Violations may result in account termination and legal action.
7. Representations and Warranties
You represent that all provided information is accurate and agree not to impersonate others. You warrant that you have the authority to enter into this agreement.
8. Disclaimer and Limitation of Liability
Enderys is provided "as is" without warranties. Enderys disclaims liability for user-generated content, unauthorized access to personal data, or damages resulting from the use of its services.
9. Termination and Suspension of Services
Enderys reserves the right to terminate or suspend accounts at its sole discretion without notice or liability. Users waive claims against Enderys for such actions.
10. Agreement to Arbitrate All Disputes and Legal Claims
Disputes arising from this agreement will be resolved through binding arbitration under the American Arbitration Association's rules. Class actions and jury trials are waived.
11. Unsolicited Idea Submission Policy
Enderys and its agents do not accept or consider unsolicited materials about the service, website, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Enderys or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Enderys accepts inadvertently or contrary to the above policy, you hereby grant Enderys a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.
12. Feedback
Feedback submitted to Enderys becomes its property and may be used for improvement and promotional purposes.
13. Indemnification
You agree to indemnify Enderys and its affiliates against liabilities arising from your use of the platform or submitted content.
14. Entire Agreement
This ToS constitutes the entire agreement between you and Enderys, superseding prior agreements.
15. Statute of Limitations
Claims must be filed within one (1) year of occurrence. Failure to provide notice or timely filing will bar claims.
16. Jurisdiction
Disputes will be resolved under the jurisdiction of Travis County, Austin, Texas, or another location chosen by Enderys.
17. Waiver and Severability
Failure to enforce any provision does not constitute a waiver. Invalid provisions will be severed, leaving the remainder of the ToS in effect.
18. Copyright Infringement and Compliance with the Digital Millennium Copyright Act
Enderys complies with the DMCA and responds to notices of alleged copyright infringement.
Contact information:
Enderys
Santiago, Chile