TERMS
OF USE
This Web site is an online information and communication
service provided by Enigma Entertainment, Inc. and its
affiliated companies ("Enigma Entertainment"). Please
read these Terms of Use carefully before using this
site. By using this site, you signify your agreement
with these Terms of Use. If you do not agree with any
of the below Terms of Use, do not use this site. Enigma
Entertainment reserves the right, in its sole discretion,
to modify, alter or otherwise update these Terms of
Use at any time. Such modifications shall be effective
immediately upon posting of the modified Terms of Use.
By using this service after we have posted notice of
such modifications, alterations or updates, you agree
to be bound by the revised terms. Enigma Entertainment
retains the right to deny access to anyone at its complete
discretion for any reason including for violation of
any of these Terms of Use. This Web site provides links
to many other Web sites affiliated with Enigma Entertainment
that may have Terms of Use Policies different from,
or in addition to, the Terms of Use specified herein,
particularly in the case of Web sites hosting third-party
content or that allow postings by third-parties. By
accessing such Web sites through links provided on this
Web site, you agree to abide by each applicable Terms
of Use policy as therein specified.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Enigma Entertainment,
Inc. at 1206 Parkview Dr B2, Elizabeth City, NC 27906.
The phone number is (252) 337-7715. All material on
this site, including, but not limited to images, illustrations,
audio clips, and video clips, is protected by copyrights,
trademarks, and other intellectual property rights which
are owned and controlled by Enigma Entertainment, its
related companies or by other parties that have licensed
their material to Enigma Entertainment. Material on
enigma-ent.com or any Web site owned, operated, licensed
or controlled by Enigma Entertainment is solely for
your personal, non-commercial use. Such material may
not be copied, reproduced, republished, modified, uploaded,
posted, transmitted, or distributed in any way, including
by e-mail or other electronic means, without the express
prior written consent of Enigma Entertainment. Use of
the materials on any other Web site or networked computer
environment, or use of the materials for any purpose
other than personal, non-commercial use is a violation
of Enigma Entertainment's copyrights, trademarks and
other proprietary rights, and is prohibited.
LINKS
This site may contain links to other Web sites ("Linked
Sites"). The Linked Sites are for your convenience only,
and you access them at your own risk. Enigma Entertainment
is not responsible for, and does not endorse, the content
of any Linked Sites whether or not Enigma Entertainment
is affiliated with the sponsors of a site. Visitors
to any linked site are urged and expected to abide by
the Terms of Use and Privacy Policies of that particular
linked site.
Enigma
Entertainment welcomes links to this site. You may establish
a hypertext link to this site, provided that the link
does not state or imply any sponsorship or endorsement
of your site by Enigma Entertainment. You may not use
on your site any trademarks, service marks or copyrighted
materials appearing on the Enigma Entertainment, including
but not limited to any logos or characters, without
the express written consent of the owner of the mark
or right. You may not frame or otherwise incorporate
into another Web site any of the content or other materials
on the Enigma Entertainment site without prior written
consent of Enigma Entertainment.
DISCLAIMER
OF WARRANTIES AND LIABILITY THE MATERIALS ON ENIGMA
ENTERTAINMENT'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ENIGMA
ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER
ENIGMA ENTERTAINMENT, NOR ITS AFFILIATED OR RELATED
ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF ENIGMA ENTERTAINMENT'S WEB SITE
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ENIGMA ENTERTAINMENT OR THE SERVER
THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON ENIGMA
ENTERTAINMENT'S WEB SITE IS PROVIDED FOR ENTERTAINMENT
AND PROMOTIONAL PURPOSES. ENIGMA ENTERTAINMENT DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN ENIGMA
ENTERTAINMENT'S WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
YOU
EXPRESSLY AGREE THAT USE OF THE ENIGMA ENTERTAINMENT
SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT
NEITHER ENIGMA ENTERTAINMENT, NOR ITS AFFILIATED OR
RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE
CREATION, PRODUCTION, AND DISTRIBUTION OF ENIGMA ENTERTAINMENT'S
WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR
ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER
BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS
SITE OR ANY OTHER ENIGMA ENTERTAINMENT WEB SITE. BY
WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, ENIGMA ENTERTAINMENT AND RELATED PERSONS
AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE
RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS
OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND
NOT ENIGMA ENTERTAINMENT) ASSUME THE ENTIRE COST OF,
AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING,
REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS
SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT ENIGMA ENTERTAINMENT IS NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD PARTIES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Enigma
Entertainment, its subsidiaries and other affiliated
companies, its officers, directors, employees, agents,
licensors, suppliers and any third-party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms of
Use. Enigma Entertainment reserves the right, at its
own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by
you, in which event you will cooperate with Enigma Entertainment
in asserting any available defenses.
JURISDICTIONAL
ISSUES
Unless otherwise specified, the materials in the Enigma
Entertainment Web site are presented solely for the
purpose of entertainment and promoting programs and
other products available in the United States, its territories,
possessions, and protectorates. This site is controlled
and operated by Enigma Entertainment from its offices
within the State of North Carolina, United States of
America. Enigma Entertainment makes no representation
that materials in Enigma Entertainment's Web site are
appropriate or available for use in other locations.
Those who choose to access this site from other locations
do so on their own initiative and are responsible for
compliance with their local laws, if and to the extent
local laws may be applicable. This agreement shall be
governed by, construed and enforced in accordance with
the laws of the State of North Carolina, as it is applied
to agreements entered into and to be performed entirely
within such State. Any action you, any third party or
Enigma Entertainment bring to enforce this agreement
or, in connection with, any matters related to this
site shall be brought only in either the state or Federal
Courts located in North Carolina, and you expressly
consent to the jurisdiction of said courts. If any provision
of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from this agreement, and shall not affect
the validity and enforceability of any remaining provisions.
This represents the entire agreement between the parties
relating to the matters contained herein and shall not
be modified except in writing, signed by Enigma Entertainment.
PRIVACY
Enigma Entertainment is very respectful about the privacy
concerns of the visitors to its sites on the Internet.
As a general policy, no personal information is automatically
collected from visitors to this site. However, certain
non-personal information of visitors is recorded by
the standard operation of Enigma Entertainment Internet
servers. This information is primarily used to provide
an enhanced online experience for the visitor. Information
tracked includes the type of browser being used by the
visitor (e.g., Netscape, Internet Explorer), the type
of operating system (e.g., Macintosh, Windows) in use
by the visitor and the domain name of the visitor's
Internet service provider (e.g., America Online, Earthlink).
By having this information, Web pages optimized for
a particular visitor's computer are automatically made
available to that visitor. Other use of this information
may include internal review of the number of visitors
to this site but only in an aggregate and non-personally-identifiable
form. E-mail addresses and other personally identifiable
data about visitors to this site are known to Enigma
Entertainment only when voluntarily submitted by the
users Enigma Entertainment will only use personally
identifiable data provided at this site for the purposes
described at the time it is collected (for example,
the e-mail addresses visitors provide in order to receive
e-mail alerts will only be used for the purpose of sending
these e-mail alerts). Enigma Entertainment sites, as
well as any other third party sites linked to from this
Web site, may each have different privacy policies and
practices. You should carefully review these other Web
sites' privacy policies in order to determine how each
site may use any personal information you provide.
A
SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On sites specifically designed for children, Enigma
Entertainment makes a special effort to encourage children
to consult with their parents before furnishing data.
However, Enigma Entertainment believes that parents
should supervise their children's online activities
and consider using parental control tools available
from online services and software manufacturers that
help provide a "kid-friendly" online environment. These
tools can also prevent children from disclosing online
their name, address, and other personal information
without parental permission. For additional information
about parental control tools, please consult the "Consumer
Assistance" page of the Direct Marketing Association
home page (www.the-dma.org).
©
2001 Enigma Entertainment, Inc.
Last
updated 04/22/01
