The Enchanted Global Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Enchanted Global Platform, you represent and warrant that you are at least 18 years of age and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Enchanted Global Platform.
Accessing the Enchanted Global Platform and Account Security
We reserve the right to withdraw or amend the Enchanted Global Platform, and any service or material we provide on the Enchanted Global Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Enchanted Global Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Enchanted Global Platform, or the entire Enchanted Global Platform for all users.
You are responsible for:
Making all arrangements necessary for you to have access to the Enchanted Global Platform.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Enchanted Global Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Enchanted Global Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Enchanted Global, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Enchanted Global Platform, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Enchanted Global Platform for your own personal or commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Enchanted Global name, the Enchanted Global logo and all related names, logos, product and service names, designs and slogans are trademarks of Enchanted Global or its affiliates or licensors. You must not use such marks without the prior written permission of Enchanted Global. All other names, logos, product and service names, designs and slogans on the Enchanted Global Platform are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Enchanted Global, a Enchanted Global employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Enchanted Global Platform, or which, as determined by us, may harm Enchanted Global or users of the Enchanted Global Platform or expose them to liability.
Additionally, you agree not to:
Use the Enchanted Global Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Enchanted Global Platform, including their ability to engage in real time activities through the Enchanted Global Platform.
Use any robot, spider or other automatic device, process or means to access the Enchanted Global Platform for any purpose, including monitoring or copying any of the material on the Enchanted Global Platform.
Use any manual process to monitor or copy any of the material on the Enchanted Global Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Enchanted Global Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Enchanted Global Platform, the server on which the Enchanted Global Platform is stored, or any server, computer or database connected to the Enchanted Global Platform.
Attack the Enchanted Global Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Enchanted Global Platform.
List a proposed transaction on the Enchanted Global Platform and then complete that transaction outside of the Enchanted Global Platform.
The Enchanted Global Platform may contain message boards, electronic file storage, personal web pages or profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Enchanted Global Platform.
By providing any User Contribution on the Enchanted Global Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, transferable and sublicensable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings and your direction, without any further consent, notice and/or compensation to you or others.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Enchanted Global, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Enchanted Global Platform.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Enchanted Global Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Enchanted Global Platform. YOU WAIVE AND HOLD HARMLESS Enchanted Global AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES.
However, we cannot review each User Contributions before it is posted on the Enchanted Global Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve unauthorized commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Enchanted Global or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Enchanted Global Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Enchanted Global Platform, or by anyone who may be informed of any of its contents.
The Enchanted Global Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Enchanted Global, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Enchanted Global. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Enchanted Global Platform
We may update the content on the Enchanted Global Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Enchanted Global Platform may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Enchanted Global Platform
Linking to the Enchanted Global Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Enchanted Global Platform may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Enchanted Global Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Enchanted Global Platform.
Cause limited portions of content on the Enchanted Global Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned or licensed by you.
Cause the Enchanted Global Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Enchanted Global Platform other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Enchanted Global Platform
If the Enchanted Global Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Enchanted Global Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Referral Rewards Program
The payout amounts or terms of the referral rewards program can be modified or terminated without prior or subsequent notice to the participants of the program.
Referral payments to individual users can be suspended, modified or terminated on assumption of any abuse of program. Users can be barred from use of the program by discretion of Enchanted Global LLC, for any reason Enchanted Global LLC determines.
The account balance is the property of Enchanted Global LLC, until funds have been released to user. The account balance can be forfeited or adjusted for any reason deemed acceptable by Enchanted Global LLC, without any notice to users.
Forfeited or adjusted account balances, are permanently forfeited or adjusted and can not be contested.
Notices and Messages
Enchanted Global may provide certain notices or messages via banner notices on the Enchanted Global Platform. In addition, by providing your e-mail address to Enchanted Global, you agree that Enchanted Global may provide you with messages or notices. You agree to inform Enchanted Global of any changes in your contact information. Please review your Enchanted Global Platform account settings to control and limit what kind of messages Enchanted Global may send you.
The owner of the Enchanted Global Platform is based in the State of Texas in the United States. We provide the Enchanted Global Platform for use only by persons located in the United States. We make no claims that the Enchanted Global Platform or any of its content is accessible or appropriate outside of the United States. Access to the Enchanted Global Platform may not be legal by certain persons or in certain countries. If you access the Enchanted Global Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Enchanted Global Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Enchanted Global PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE Enchanted Global PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORMIS AT YOUR OWN RISK. THE Enchanted Global PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Enchanted Global NOR ANY PERSON ASSOCIATED WITH Enchanted Global MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Enchanted Global PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Enchanted Global NOR ANYONE ASSOCIATED WITH Enchanted Global REPRESENTS OR WARRANTS THAT THE Enchanted Global PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE Enchanted Global PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Enchanted Global PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Enchanted Global HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Enchanted Global, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Enchanted Global PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE Enchanted Global PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law, Jurisdiction and Arbitration
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Enchanted Global agree that any and all disputes or claims that have arisen or may arise between you and Enchanted Global (except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this section.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Enchanted Global users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
YOU AND Enchanted Global AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Enchanted Global USERS.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Enchanted Global, LLC,
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Enchanted Global Platform should be directed to: [email protected].
Thank you for visiting the Enchanted Global Platform.
Effective Date: February 6, 2018
Enchanted Global, LLC (" Enchanted Global", " we" or " us") respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from registered and unregistered users (" you") or that you may provide when you visit the website www.Enchanted Global.com (the " Enchanted Global Platform") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
On the Enchanted Global Platform.
In e-mail, text and other electronic messages between you and the Enchanted Global Platform.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by Enchanted Global or any third party; or
any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Enchanted Global Platform.
Children Under the Age of 13
The Enchanted Global Platform is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Enchanted Global Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Enchanted Global Platform or on or through any of its features/register on the Enchanted Global Platform, make any purchases through the Enchanted Global Platform, use any of the interactive or public comment features of the Enchanted Global Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Enchanted Global, LLC,[email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Enchanted Global Platform, including information:
by which you may be personally identified, such as name, postal address, e-mail address or telephone number (" personal information");
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access the Enchanted Global Platform and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the Enchanted Global Platform. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
Information You Provide to Us
The information we collect on or through the Enchanted Global Platform may include:
Information that you provide by filling in forms on the Enchanted Global Platform. This includes information provided at the time of registering to use the Enchanted Global Platform, posting material, or requesting further services. We may also ask you for information when you report a problem with the Enchanted Global Platform.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through the Enchanted Global Platform. You may be required to provide financial information before posting material through the Enchanted Global Platform.
Your search queries on the Enchanted Global Platform.
You also may provide information to be published or displayed (hereinafter, " posted") on public areas of the Enchanted Global Platform, or transmitted to other users of the Enchanted Global Platform or third parties (collectively, " User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Enchanted Global Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Details, IP Addresses and Cookies
As you navigate through and interact with the Enchanted Global Platform, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to the Enchanted Global Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Enchanted Global Platform.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data. It helps us to improve the Enchanted Global Platform and to deliver a better and more personalized service by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize the Enchanted Global Platform according to your individual interests.
Speed up your experience on the Enchanted Global Platform.
Recognize you when you return to the Enchanted Global Platform.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present the Enchanted Global Platform and its contents to you.
To provide you with information, products or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Enchanted Global Platform or any products or services we offer or provide though it.
To allow you to participate in interactive features on the Enchanted Global Platform.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Enchanted Global's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Enchanted Global about our users is among the assets transferred.
To fulfill the purpose for which you provide it. For example, if you give us contents of a message to send to another user of the Enchanted Global Platform, we will transmit the contents of that message to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Enchanted Global, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from Enchanted Global. If you do not wish to have your contact information used by Enchanted Global to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Enchanted Global Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [email protected]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (" NAI") on the NAI's website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Enchanted Global Platform and visiting your account profile page.
You may also send us an e-mail at [email protected] to request access to, correct or delete any personal information that you have provided to us or request that your account be deleted. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Enchanted Global Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected]
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our cloud-based third-party servers. Any information you provide to us through the Enchanted Global Platform after you login to your account will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Enchanted Global Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Enchanted Global Platform. The information you share in public areas may be viewed by any user of the Enchanted Global Platform.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Enchanted Global Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Enchanted Global Platform.
Effective Date: February 01, 2018
A "Qualified Referral" is the referral of a candidate by an user that meets the following conditions:
The candidate is not a Duplicate Referral (see below).
The Enchanted Global account executive for the applicable Job Post has determined that the candidate qualifies as a referral.
If a Qualified Referral submitted by user for a Job Post is hired by the applicable client, Enchanted Global will pay user the user reward listed in the applicable Job Post, payable after payment is received from the client, and subject to any modifications to the job position by client.
If the Qualified Referral is not hired for the Job Post for which user submitted the Qualified Referral, Enchanted Global may seek another Job Post for which such Qualified Referral may be suitable. If the Qualified Referral is hired by another client in such a case, Enchanted Global will pay user the user reward listed in the applicable Job Post, payable after payment is received from the client, and subject to any modifications to the job position by client.
In addition to entering into Recruiting Contracts with Enchanted Global, user may use the Enchanted Global Platform to (i) share a Job Post with a candidate who may then apply for the Job Post him or herself and (ii) invite other individuals to become users.
If user uses the Enchanted Global Platform to share a Job Post with a candidate who applies for a Job Post him or herself and is hired by a client, Enchanted Global will pay user an award in the amount described above as if the candidate had been contained in a Qualified Referral submitted by user for such Job Post, payable after payment is received from the applicable client.
user has the exclusive right to rewards resulting from the hire of a candidate included in a Qualified Referral made by that user, whether or not the candidate is hired for the Job Post with respect to which the Qualified Referral was submitted or another Job Post. Any submission of the name of such candidate by another user will constitute a "Duplicate Referral."
User shall not disclose any client name or the salary applicable to any Job Post in any public manner, including but not limited to public forums such as job posting sites, social media sites, personal web sites, blogs, or advertisements available to the public. In addition, user shall not hold himself or herself out as an employee of either the client or Enchanted Global when sharing Enchanted Global Job Posts with candidates or otherwise.
For permanent placements, each Staffing Contract between Enchanted Global and a client includes an employment guarantee for a specified period (the "Guarantee Period"). Enchanted Global will pay any applicable reward due to user as follows:
50% of the reward after 50% of the Guarantee Period has passed; and
50% of the reward at the conclusion of the Guarantee Period.
Enchanted Global will pay the applicable reward and any other fees due user by direct deposit. You agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted account information in order to process your payment.
For locum placements, monthly estimates for reward fees are based on anticipated hourly bill rate multiplied by expected hours billed per month minus actual pay rate and expenses (including but not limited to malpractice, credentialing, travel, taxes, benefits, etc). Enchanted Global will pay the applicable reward to user by direct deposit monthly.
Enchanted Global is a third party processor, and pursuant to Section 6050W of the Internal Revenue Code, Enchanted Global may report any payments sent to you to the Internal Revenue Service.
Except as provided above, Enchanted Global will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to payments made by Enchanted Global to user and user will be solely responsible for determining whether user is required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to payments made by Enchanted Global to user, and filing any such tax forms and remitting any such taxes or charges to the appropriate authorities. Enchanted Global will have the right, but not the obligation, to audit and monitor users compliance with applicable tax laws as required by this section. Further, in the event of an audit of Enchanted Global, user agrees to promptly cooperate with Enchanted Global and provide copies of users tax returns and other documents as may be reasonably requested for purposes of such audit.
user, as an independent contractor, is free at all times to provide services to persons or businesses other than Enchanted Global, including any competitor of Enchanted Global.
user agrees not to contact Enchanted Global clients directly for the purpose of providing recruiting services if user discovered such clients' names using the Enchanted Global Platform for a period of twelve (12) months after the Referral Date of the most recent Recruiting Contract between user and Enchanted Global.
user will (i) create and maintain records to document satisfaction of its obligations under this Recruiting Contract Policy and any Recruiting Contract, including without limitation its payment obligations and compliance with tax laws, and (ii) provide copies of such records to Enchanted Global upon request. Enchanted Global, or Enchanted Globals advisors or users, will have the right, but not the obligation, to routinely, but no more frequently than annually, audit users operations and records to confirm compliance. Nothing in this provision should be construed as providing Enchanted Global with the right or obligation to supervise or monitor any services performed by user.
You acknowledge all of the following:
Enchanted Global makes no representations as to the reliability, capability, or qualifications of any client, user, or Qualified Referral.
Enchanted Global does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of referrals, job posts, the truth or accuracy of User Contributions, the qualifications, background, or identities of users, or that a client or user can or will actually complete a transaction.
Enchanted Global is not required to and does not verify any information given to us by users or clients, nor does Enchanted Global perform background checks on` users or clients.
Enchanted Global may provide information about an user or client, such as a strength or risk score, geographical location or third-party feedback, background check or verification of identity or credentials. However, such information is based solely on data that user or client submits. Enchanted Global provides such information solely for the convenience of its users and it is not an introduction, endorsement or recommendation by Enchanted Global.
INDEPENDENT CONTRACTOR AGREEMENT
This independent contractor agreement (the “Agreement”) is made and entered into as of Date the User Account is Created between Enchanted Global LLC (the “Company”), a and USER WHO CREATED THE ACCOUNT, a (the “Contractor”) (collectively, the “Parties”).
The Company requests the Contractor to perform services for it and may request the Contractor to perform other services in the future; and
The Parties therefore agree as follows:
1.0.Term and Termination.
1.2. Either Party may terminate this Agreement for cause by providing the other Party written notice if the other Party: (i) is in material breach of this Agreement and has failed to cure such breach within five (5) days after its receipt of written notice of such breach provided by the non-breaching Party; (ii) engages in any unlawful business practice related to that Party's performance under the Agreement; or (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, ceases to do business, makes an assignment for the benefit of its creditors, or has a receiver, trustee or similar party appointed for its property.
2.1. During the Term, the Company may engage the Contractor to provided services as needed (the "Services"), or other such services as mutually agreed upon in writing by the Parties (email and online signup is acceptable):
2.2. The Contractor shall provide the necessary equipment to perform the Services. If the Contractor has obtained employees or agents (the "Contractor Personnel"), the Contractor shall be solely responsible for all costs associated with the Contractor Personnel.
All duties outlined in the “SOW” (Service of Work) agreed upon from the Arise platform.
Any duties the Contractor agrees upons on the Enchanted Global Platform or the Arise Platform verbal or written.
2.3 As a result of providing the Services, the Contractor or Contractor Personnel may create certain work product (the "Work Product").
2.4. The Contractor shall notify the Company of any change(s) to the Contractor’s schedule that could adversely affect the availability of the Contractor, whether known or unknown at the time of this Agreement, no later than _24 hours____ prior to such change(s). If the Contractor becomes aware of such change(s) within the _24 hour___ period, the Contractor shall promptly notify the Company of such change(s) within a reasonable amount of time.
2.5. The work performed by the Contractor shall be performed at the rate the Arise Platform sets minus any administrative fees, The Contractor shall issue invoices to the Company's accounts payable department within __30_ days of completing the Services, unless otherwise instructed by the Company, and provide documentation as instructed by the Company's accounts payable department. The Company shall remit payment to the Contractor within _30__ days of receiving the invoice from the Contractor.
2.6. The Company shall not be responsible for federal, state and local taxes derived from the Contractor's net income or for the withholding and/or payment of any federal, state and local income and other payroll taxes, workers' compensation, disability benefits or other legal requirements applicable to the Contractor.
3.0.Independent Contractor Status.
3.1. The Parties intend that the Contractor and any Contractor Personnel be engaged as independent contractors of Company. Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
3.2. The Contractor may not act as agent for, or on behalf of, the Company, or to represent the Company, or bind the Company in any manner.
3.3. The Contractor will not be entitled to worker's compensation, retirement, insurance or other benefits afforded to employees of the Company.
4.1. The Parties intend that, to the extent the Work Product or a portion of the Work Product qualifies as a "work made for hire," within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101), it will be so deemed a work made for hire. If the Work Product or any portion of the Work Product does not qualify as work made for hire, and/or as otherwise necessary to ensure the Company's complete ownership of all rights, titles and interest in the Work Product, the Contractor shall transfer and assign to the Company all rights, titles and interests throughout the world in and to any and all Work Product. This transfer and assignment includes, but is not limited to, the right to publish, distribute, make derivative works of, edit, alter or otherwise use the Work Product in any way the Company sees fit.
4.2. The Company grants the Contractor, a limited, non-exclusive, non-transferable, non-assignable, royalty free, worldwide license to display the Work Product on a platform personally controlled, in whole or in part, by the Contractor. The Company may revoke this license at any time by requesting the removal of the Work Product displayed by the Contractor. Upon such request, the Contractor shall remove the Work Product from the platform, and provide written notification of such removal.
5.0. Representations. Both Parties represent that they are fully authorized and empowered to enter into this Agreement, and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third-party, or violate any agreement between the Parties and any other person, firm or organization or any law or governmental regulation.
6.0. Indemnification. The Contractor shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Contractor’s services under this Agreement.
7.1 Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.
7.2 Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publically available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any federal or state law.
8.0. Liability. EXCEPT WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
9.0. Disclaimer of Warranty. THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE.
10.0 Miscellaneous Provisions.
10.1. This Agreement, and any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.
10.2. This Agreement may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
10.3. If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
10.4. This Agreement shall not be assigned by either party without the express consent of the other party.
10.5. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
10.6. This Agreement is be governed by and construed in accordance with the laws of the State of Texas without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Texas. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, HAVING JURISDICTION IN THE STATE OF Texas.
The Parties are signing this Agreement on the date stated in the introductory clause.
By using the Enchanted Global Platform the User agrees to all terms stated above.