TERMS & CONDITIONS
LAST UPDATED: MAY 15, 2020
These terms and conditions (the “Agreement”) are entered into by and between you (“you” or “user”) and Enos Digital, LLC on behalf of itself and all its subsidiaries, affiliates, brands, and entities that it controls, including TheAnimalista.com (collectively, “Enos Digital”, “we,” “us”, or “our”).
This Agreement, together with any documents this Agreement expressly incorporates by reference, governs your access to and use of the websites, social media accounts, content, information, features, tools, resources, online offerings, and other products and services produced, maintained, distributed, or provided by Enos Digital, whether as a guest or a registered user (the “Services”). Before using any of the Services, please read all of this Agreement and websites carefully. In the event of any conflict between this Agreement and any other provision set forth in the services, this agreement will control.
1. USER ACCEPTANCE
2. CHANGES TO THIS AGREEMENT
Enos Digital reserves the right, in its sole discretion, to amend these Terms and Conditions at any time upon posting the amended terms on the respective websites, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. All changes are effective immediately when they are posted. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Services following Enos Digital’s posting of any changes will constitute the user’s acceptance of such changes.
You must be 18 years old or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as an Enos Digital member or to use the Websites or Services. If you are under the applicable age, you can use the Webistes under the supervision of your parent or guardian who has agreed to the Terms and Conditions. However, you must be 13 years or older to use the Websites or the Services in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Websites or Services. The Websites and Services are administered in the United States and are intended for U.S. users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
4. USER INFORMATION AND RESPONSIBILITY
5. RIGHTS TO USE ENOS DIGITAL PROPERTIES
Any future release, update or other addition to the Services shall be subject to this Agreement. Enos Digital, its suppliers and service providers reserve all rights not granted in this Agreement.
Enos Digital’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Enos Digital and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
7. RESTRICTIONS ON RIGHTS TO USE
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Enos Digital; (c) you shall not use any metatags or other “hidden text” using Enos Digital’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Enos Digital pursuant to this Agreement.
8. USER SUBMISSIONS
We encourage you to submit to the Site a variety of content (“User Submissions”). You understand that whether or not such User Submissions are published, Enos Digital does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize Enos Digital to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms and Conditions; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms and Conditions.
In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Enos Digital all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Enos Digital or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business; nor
- impersonate another person.
Enos Digital does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Enos Digital expressly disclaims any and all liability in connection with User Submissions. Enos Digital reserves the right to remove User Submissions without prior notice. Enos Digital will also terminate a User’s access to the Site, if they are determined to be repeat offenders. Enos Digital also reserves the right to decide whether User Submissions are appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Enos Digital may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Enos Digital is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Enos Digital with respect thereto, and agree to indemnify and hold Enos Digital, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You agree that your submission of any ideas, suggestions, documents, and proposals to Enos Digital is at your own risk and that Enos Digital has no obligations with respect to such submissions. You represent and warrant that you have all rights necessary for the submissions. You hereby grant to Enos Digital the right to use any submission in any way at any time without any additional approval or compensation.
9. INTELLECTUAL PROPERTY RIGHTS
The Services are protected by copyright and other intellectual property laws throughout the world. The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed toEnos Digital, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Enos Digital reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Enos Digital, you hereby grant Enos Digital a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Enos Digital’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Enos Digital Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions.
10. COPYRIGHT INFRINGEMENT AND TRADEMARK RIGHTS
Enos Digital does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Enos Digital will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Enos Digital, LLC
191 Main Street
Port Washington, NY 11050
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. It is Enos Digital’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
11. DISCLAIMER OF WARRANTIES
ENOS DIGITAL’S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENOS DIGITAL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) ENOS DIGITAL MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) ENOS DIGITAL MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES ENOS DIGITAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (c) ENOS DIGITAL DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) ENOS DIGITAL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ENOS DIGITAL EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF ENOS DIGITAL. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
12. LIMITATION OF LIABILITY AND REMEDIES
(a) UNDER NO CIRCUMSTANCES WILL ENOS DIGITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS AND CONDITIONS OR ENOS DIGITAL’S SITES OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, ENOS DIGITAL’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00). (b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL ENOS DIGITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ENOS DIGITAL’S SITES OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. (c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to indemnify and hold Enos Digital, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to:
- your breach of these terms and conditions,
- any fraud, manipulation, deception or misrepresentation by you,
- any wrongdoing, willful misconduct or negligence on your part with respect to your use of our Sites or Services, and
- any violation of applicable federal or state laws or regulations.
14. PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
15. MODIFICATIONS TO THE SERVICES
Enos Digital reserves the right to modify or discontinue all or any aspect of the Services with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD ENOS DIGITAL EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.
16. THIRD-PARTY LINKS AND AFFILIATE LINKS
The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you have left the Services. Enos Digital does not control and is not responsible for Third-Party Links and the contents of Third-Party Links. Enos Digital provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
The Services may also contain links to third-party products or services that are monetized using Share-A-Sale or other such affiliate marketing partner or program (“Affiliate Links”). If you purchase a product or service through an Affiliate Link, we may receive revenue from that purchase.
17. RULES FOR PROMOTIONS
18. GENERAL INFORMATION
(a) Electronic Communications. The communications between you and Enos Digital use electronic means, whether you visit the Services or send Enos Digital e-mails, or whether Enos Digital posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Enos Digital in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Enos Digital provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
(b) Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Enos Digital’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(c) Force Majeure. Enos Digital shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(d) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the following address:
Enos Digital, LLC
191 Main Street
Port Washington, NY 11050
(e) Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Enos Digital agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in New York, New York or federal courts located in the Southern District of New York.
(f) Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of NEW YORK, consistent with the Federal Arbitration Act, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
(g) Notice. Where Enos Digital requires that you provide an e-mail address, you are responsible for providing Enos Digital with your most current e-mail address. In the event that the last e-mail address you provided to Enos Digital is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Enos Digtial’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Enos Digital at the following address:
Enos Digital, LLC
191 Main Street
Port Washington, NY 11050
Such notice shall be deemed given when received by Enos Digital by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
(h) Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(i) Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(j) Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
(k) No Agency. You and Enos Digital are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
(l) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(m) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
19. ENOS DIGITAL SALES
Accepted Payment Methods. We currently accept Visa, MasterCard, Discover, American Express, and PayPal. We have partnered with PayPal powered by Braintree merchant services to provide you with convenient and secure payment options.
Sales Taxes. Enos Digital is required to charge state sales tax for purchases shipped to addresses within the state of New York. We are not required to collect sales taxes when shipping outside the state of New York.
Order Processing Times. We process orders daily Monday – Saturday. Completed orders (orders submitted and accepted) will be processed within 24 hours, on rare occasions orders can take up to 48 hours to process. Order placed after 3p EST Saturday will be processed the following business day.
At its sole discretion, Enos Digital may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Enos Digital reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Enos Digital for Services purchased will remain due.
YOU AGREE THAT ENOS DIGITAL SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICES (OR ANY PORTION THEREOF). Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Services. You may discontinue your participation in and access to the Services at any time.