TERMS OF USE

The Enigma Factory welcomes you to the "What is B R O K E N" website (the "The Enigma Factory Site"). Please read these Terms of Use carefully before using the The Enigma Factory Site. By accessing or using the The Enigma Factory Site, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the The Enigma Factory Site.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the The Enigma Factory Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the The Enigma Factory Site or third party content on the The Enigma Factory Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

TERMS OF USE

•  The The Enigma Factory Site is controlled and operated by The Enigma Factory Inc. All materials on the The Enigma Factory Site ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by The Enigma Factory or by other parties that have licensed their material to The Enigma Factory. No Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the The Enigma Factory Site. Any unauthorized attempts to modify any Material, to defeat or circumvent our security features, or to utilize the The Enigma Factory Site for other than their intended purposes are prohibited. Please report to us any material on the The Enigma Factory Site which you believe may infringe your copyright. If you wish to contact us, you may e-mail us at info@enigmafactory.com .

•  We have provided links to related sites for your convenience ("Links"). We do not review or endorse Links in any way whether or not The Enigma Factory is affiliated with the sponsors of a site. We are not responsible for the content of Links or any off-site pages linked to the The Enigma Factory Site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Links are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Link.

•  You may only use the The Enigma Factory Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the The Enigma Factory Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the The Enigma Factory Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by The Enigma Factory) or privately transmitted on or through the The Enigma Factory Site are the sole responsibility of the sender, not The Enigma Factory, and that you are responsible for all material you upload, post or otherwise transmit to or through the The Enigma Factory Site.

•  Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of The Enigma Factory and The Enigma Factory shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the The Enigma Factory Site any content, or act in any way, which in The Enigma Factory's opinion: may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening; may infringe any intellectual property or other right of any entity or person; may violate any applicable law or advocates illegal activity; advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity; includes programs which may contain viruses, worms, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication; or disobeys any policy or regulation established from time to time regarding use of the The Enigma Factory Site.

•  Unless otherwise specified, the Materials are presented solely for the purpose of informing users, and for promoting programs, films, and other products. The The Enigma Factory Site is controlled and operated by The Enigma Factory from its offices in Hollywood, FL. Those who visit the The Enigma Factory Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from USA or the country in which you reside.

•  You will indemnify and hold harmless The Enigma Factory, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto The Enigma Factory's servers, and/or from any and all use of the The Enigma Factory Site.

•  These Terms of Use shall be governed by and construed in accordance with the laws of the USA therein without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, provincial, and municipal courts located within the Hollywood, FL USA. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason.

Copyright 2005 · The Enigma Factory Inc. · All Rights Reserved


The Enigma Factory - Privacy Policy

The Enigma Factory respects the privacy concerns of users of this website. As a general rule, no personal information is automatically collected from users of the The Enigma Factory Site. Personally identifiable data about users of the The Enigma Factory Site are known to The Enigma Factory only when voluntarily submitted by users of the site. However, certain non-personal information of users (for example, the type of browser being used, the operating system used by the user and the domain name of the user's Internet service provider) is collected. This information is primarily used for internal purposes, but only in an aggregate form (individual users cannot be identified). Personally identifiable information may be collected from users of the The Enigma Factory Site when users voluntarily provide this information. All such personal information is retained by The Enigma Factory and is not sold or otherwise transferred by The Enigma Factory unless the express consent to do so has been obtained or if The Enigma Factory is required by law or by a court or governmental order to disclose such information in a particular circumstance. This information is used by The Enigma Factory to better understand usage patterns and to enhance user enjoyment of the The Enigma Factory Site. Aggregate information may be shared with advertisers; however, as is set forth more fully below, no data concerning users under the age of 13 is ever used. The Enigma Factory sometimes uses e-mail addresses and other personally identifiable information to contact users who provide their e-mail addresses for specific purposes. Each communication will contain instructions on how to discontinue receipt of such communications.

Children under the age of thirteen (13) should not provide any personally identifiable information on this site without the knowledge and permission of his or her parent or guardian. In the event that The Enigma Factory determines that a user of this site is under the age of 13, The Enigma Factory will not maintain or use any personally identifiable information about such user without the consent of his or her parent or guardian, except as allowed by law. The Enigma Factory may collect personally identifiable information directly from visitors on this site who may be under the age of 13. However, The Enigma Factory does not collect this information without the knowledge of the visitor.

By using the The Enigma Factory Site, you signify your consent to this Privacy Policy. If you do not agree to the terms of this policy, please do not use the The Enigma Factory Site. The Enigma Factory reserves the right, at their sole discretion, to change, modify, add or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the The Enigma Factory site following the posting of changes to these terms will mean that you accept those changes.

Individuals with questions about this policy should please contact: The Enigma Factory at info@enigmafactory.com


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