Last Updated on December 27, 2018
This page describes the terms and conditions that govern your use of certain I’m Engaged! Now What? digital products, including inengagenowwhat.com.
1. General Rules and Definitions
1.1 If you choose to use inengagenowwhat.com mobile site and applications, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and I’m Engaged! Now What? (“IENW”, “us” or “we”). You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use the Site.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. Content on the Services
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright,and owned or controlled by I’m Engaged! Now What? or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from I’m Engaged! Now What? or the copyright holder identified in the copyright notice contained in the Content.
3. User Generated Content: Submissions Including Blog Posts, Featured Members, Comments and More
3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Have an opinion, but don’t attack. In a community full of opinions and preferences, people often disagree. INEW encourages active discussions on the Services, but personal attacks and insults are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
If you have a complaint with a company that is featured, that it is a private matter and IENW is not a venue to air your grievances. Any comments that are clearly designed exclusively to promote a company or website will be marked as spam. Comments are the property of their authors and are not necessarily representative of the views of IENW or its sponsors.
3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of IENW, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by I’m Engaged! Now What? and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant IENW a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for IENW or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by IENW, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while IENW does not and cannot review every Submission and is not responsible for the content of these messages, INEW reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.7 By making a Submission for IENW to consider as an editorial feature you represent and warrant that you own all materials or that you otherwise have sufficient right, title and interest in and to such materials to grant I’m Engaged! Now What? the licenses and rights to publish this work without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You also agree to pay for all royalties, fees, and any other monies owing any person by reason of any materials submitted by you to I’m Engaged! Now What?
4. Use of the Services
4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.
4.2 The Services contain links to other related internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.
5. Representations and Warranties
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless INEW and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. IENW reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 IENW does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. FEES AND PAYMENTS
6.1. We reserve the right at any time to charge fees for access to portions of the Services, including the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
7. Communications Between You and Users
7.1 If you indicate on your Mailchimp registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
7.2 IENW reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
7.3 IENW reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
7.4 IENW may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
8. Software Licenses
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sub-license, assign or transfer any licenses granted by inengagednowwhat.com, and any attempt at such sub-license, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
9. Termination
9.1 You may terminate your account at any time by emailing us at support@inengagednowwhat.com. Upon termination, you will receive an confirmation via email that the cancellation was processed, and your access will be suspended within 24 hours.
9.2 IENW may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
10. Miscellaneous
10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Connecticut law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Hartford, CT.
10.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the I’m Engaged! Now What? Privacy Policy.
103 Correspondence should be sent to support@inengagednowwhat.com.
10.4 If you believe in good faith that any content or other material found on the Services has been copied in a way that constitutes copyright infringement, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. Our designated agent to receive notices of alleged infringement under the DMCA is:
Fests, LLC.
PO Box 515
New Canaan CT 06840
By email: dmca@inengagednowwhat.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notification under the DMCA may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
