The following terms and conditions govern all use of the enigmafellowship.com Website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Enigma Fellowship (“EF”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EF’s Privacy Policy) and procedures that may be published from time to time on this Site by EF (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by EF, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your EF Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and EF may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause EF liability. You must immediately notify EF of any unauthorized uses of your account, your account or any other breaches of security. EF will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment and Renewal
General Terms
Paid services are available on the Website (any such services, a “Retired box” or “Subscription Order”). By selecting an order you agree to pay EF the bimonthly or recurring subscription fees indicated for that service. One time payments are charged one time. Recurring payments will be charged on a pre-pay basis on the day you sign up for a Subscription Package and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. Subscription Package fees are not refundable.
Automatic Renewal
All subscriptions will renew automatically. You will be notified via email upon renewal. Unless you notify EF that you want to cancel a Subscription Package at least one day before your subscription renews, your Subscription Package subscription will automatically renew and you authorize us to collect the then-applicable 2 month, 4 month, 6 month, or 12 month subscription fee for such Subscription Package (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription Packages can be canceled at any time in the Account section of your account, but that cancellation applies to all future charges from that date forward. Previously ordered and paid boxes will still ship on schedule and will not be refunded.
Refunds
EF does not refund orders if you do not like the game or find it to be too difficult. In addition, EF does not refund previously purchased boxes that are still scheduled to ship after a cancellation is made. Cancellations are for future charges only and do not revert back to previous purchases. EF does not refund orders that have been lost or damaged due to shipping when using an untracked shipping method. But EF will replace lost or damaged items in case tracked shipping was used. In the event of a duplicate order or the use of a wrong payment method, please contact us and EF will attempt to resolve the issue by offering an extended subscription or replacement package. Refunds are not offered under any circumstances.
Responsibility of Website Visitors
EF has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, EF does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EF disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which EF.com links, and that link to EF.com. EF does not have any control over those non-EF websites and webpages, and is not responsible for their contents or their use. By linking to a non-EF website or webpage, EF does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EF disclaims any responsibility for any harm resulting from your use of non-EF websites and webpages.
Copyright Infringement. As EF asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EF violates your copyright, you are encouraged to notify EF. EF will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EF will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EF or others. In the case of such termination, EF will have no obligation to provide a refund of any amounts previously paid to EF.
Intellectual Property. This Agreement does not transfer from EF to you any EF or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EF. EF, the EF logo, and all other trademarks, service marks, graphics and logos used in connection with EF.com, or the Website are trademarks or registered trademarks of EF or EF’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EF or third-party trademarks.
Changes. EF reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. EF may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. EF may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EF account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a EF account, such account can only be terminated by EF if you materially breach this Agreement and fail to cure such breach within thirty (30) days from EF’s notice to you thereof; provided that, EF can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The material displayed on this Website is provided without any guarantees, conditions or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law http://www.enigmafellowship.com/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Limitation of Liability. Subject to any limitations stated in the Terms of Use herein, the Subscriber shall indemnify and hold harmless the Enigma Fellowship (“EF”) and the respective officers, directors, employees, agents and subcontractors, from and against all claims, demands, losses, and actions, including reasonable legal fees and costs, arising out of damages or liabilities for bodily injury, sickness, disease, loss of capacity, death, or damage to property, caused by a negligent act, strict liability, breach of contract, error, or omission of the Subscriber or any of its agents, subcontractors, or employees in relation to the experience packages and other products offered by the EF and purchased by the Subscriber.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the EF Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Germany or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless EF, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
