1. Acceptance of terms
By using the "Engaga" web site and services ("Service") provided by Blumentals Solutions SIA, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Engaga reserves the right to change the Terms of Service at any time without notice. Such changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. You acknowledge and agree that it is your responsibility to review this page and the Terms of Service periodically and to be aware of any changes. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.
2. Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by robots or other automated methods are not permitted.
- You agree to provide Engaga with valid e-mail address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password.
- If you are using a free account you are not permitted to hide or obfuscate Engaga logo and web links.
- You may not use the Service for any illegal or unauthorized purpose.
- If your monthly bandwidth exceeds 20 Gb on a regular basis, Engaga will contact you and reserves the right to increase subscription fees, suspend or remove your Account.
- One person may create no more than one free account.
3. Prohibited content and user conduct
- The Service may not be used to publish or promote the following content:
- Content which may be illegal in United States and EU.
- Content promoting illegal activities.
- Content of a pornographic nature.
- Content with the sole purpose of causing harm or inciting hate, or content that could be considered as slanderous or libellous.
- Content of a racist nature or anything that seeks to promote the bullying or belittling of others.
- Scams such as "get rich quick", pyramid, MLM, or other dubious schemes.
- Sites whose sole purpose is to gain search engine ranking or followers on social networks.
- Sites whose content mainly consists of third party ads or copied content.
- Content that breaches the Google Website Quality Guidelines
- Content that breaches the Google Unwanted Software Policy
- You agree that you will not:
- misuse or interfere with the Service;
- upload or publish content that is copyrighted or otherwise subject to third party proprietary rights unless you are the owner of such rights or have the permission from the rightful owner;
- upload, publish or promote any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload or publish any content that is adult in nature;
- send unsolicited commercial email (spam);
- offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have legal rights to sell;
- upload or publish any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload files for the sole purpose of having them hosted by Engaga and for use outside of a page created using the Service;
- upload or publish any content that promotes or provides instructional information about illegal activities;
- impersonate any person or entity;
- exceed the scope of the Service that you have signed up for;
- include more than three ad units per page, or any advertising that greatly reduces the usability of the site;
5. Payments and Fees
- The financial relationship between a paying customer and Engaga is governed by the Engaga distance contract.
6. Account Cancellation
- You can cancel your account via our online control panel. Cancellation requests are not accepted through phone, email, fax, or any other method.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Any payments that have been already made are non-refundable.
- Engaga, in its sole discretion, has the right to suspend or terminate your account at any time for any reason without notice. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
- Free accounts that are not used will be automatically suspended after a month of inactivity.
- For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
7. Modifications to the Service and Prices
- Engaga reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change without a prior notice. Such changes shall be effective upon their posting on Engaga website.
- Engaga shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- If we discontinue the Service, if reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Service.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Engaga does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.
- You expressly understand and agree that Engaga shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Engaga has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
- To the fullest extent allowed by law, the total liability of Engaga, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service.
- We recognize that in some countries, you might have legal rights as a consumer. If you are using the Service for a personal purpose, then nothing in these Terms of Service limits any consumer legal rights which may not be waived by contract.
- You agree to hold harmless and indemnify Engaga and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
- You agree to compensate Engaga any damages arising due to your use of or connection to the Service, violation of these Terms of Service, or violation of any rights of another.
- Neither the Terms of Service nor any of the rights, interests or obligations hereunder may be assigned by you (whether by operation of law or otherwise) without the prior written consent of Engaga. Engaga may assign the Terms of Service without the consent of yours. Subject to the foregoing, the Terms of Service shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
- Engaga reserves the right to refuse Service to anyone at any time for any reason.
- If it turns out that a particular term is not enforceable, this will not affect any other terms.
- Anything not explicitly stated in the Terms of Service is subject to interpretation at Engaga's sole and absolute discretion.
- Different payment and cancellation terms may apply if the Service subscription is purchased via Engaga reseller.