Enchoseon

Privacy Policy, TC, and Disclaimer.

 


By accessing The Sites (defined below), you agree to be bound by the web site Privacy Policy, Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

IF YOU DO NOT AGREE TO ABIDE BY THE BELOW, PLEASE DO NOT USE THE SITES.


Privacy Policy§

PRIVACY POLICY — Last updated May 12, 2020

In visiting this website (https://enchoseon.com) and other sites on this domain name (enchoseon.com, which will be collectively referred to as “The Sites” or “Enchoseon”), such as portfolio.enchoseon.com, you give permission for use of your personal information for the purposes on this page.

What information is used and collected slightly varies across The Sites, but this privacy policy will show how that information is collected, protected, and used.

Information That’s Collected§

Some parts of The Sites allow you to send emails or other information through forms or scripts.

Emails are not usually encrypted, so it’s not recommended that you send sensitive information through email unless you think it’s necessary.

Information that is automatically collected does not reveal your specific identity, but it may show device and usage information such as IP address, browser and device characteristics, operating system, language preference, referring URLs, device name, country, location, and the whens and hows of how you use The Sites along with other technical information.

The primary purpose of automatic data collection is to maintain security and operation along with internal analytics and reporting purposes.

Cookies are also used on The Sites. A cookie is a tiny bit of text that is sent to your computer. One possible use is for remembering information about your previous session on a website.

For example, cookies can be used to automatically log you into a service without prompting for your username and password.

Something important to note is that cookie information is only shared with the website that provided it. The only way another website can access a cookie it didn’t make is if it works with the website that made the cookie in the first place.

The Sites also use third-party analytics services (such as Google Analytics) to gather information.

Information about your visit is temporarily stored. The information collected includes:

  1. Domain website is accessed from
  2. IP address
  3. Date and time site is accessed
  4. Operating System
  5. Browser
  6. URL of pages visited on The Sites
  7. Referral links (the links that sent you to this website)

This information is stored automatically by the hosting service, A2Hosting.

This information may be shared internally or with third-party contractors as needed.

Raw data logs are only kept temporarily for management and accountability purposes.

Third-Party Websites and Applications§

Third-party services can be used for analytics, features, and awesomeness.

Third-parties may request your email address, username, password, IP address, and geographic location.

Third-party websites are not used to collect personal information and we have no control or access to the personal information you provide to third parties.

Your data may be processed or shared on the following legal basis:

Consent: Your data may be processed if you give specific consent to use your personal information for a specific purpose.

Legitimate Interests: Your data may be processed for legitimate business interests, which must be reasonably necessary for said business interests.

Performance of Contract: Your data may be processed to fulfill the terms of a contract you enter with The Sites.

Legal Obligations: Your data may be disclosed in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as a court order or a subpoena. Public authorities, matters of national security, or law enforcement requirements also apply.

Vital Interests: Your data may be disclosed where it is believed to be necessary to investigate, prevent, or take action regarding potential policy violation, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More on Vital Interests§

Your data may be shared with third parties (vendors, service providers, contractors, or agents) who perform services for us or on our behalf, such as payment processing, data analysis, email delivery, and hosting services.

Third parties may be allowed to use tracking technology (such as cookies) on The Sites. Unless explicitly stated in this policy, your information is not shared, sold, rented, or traded with third parties for their promotional purposes.

In the case of acquisition of all or a portion of The Sites to another company, your data may be shared or transferred.

Your information may also be shared with affiliates, which will require affiliates to honor this privacy policy.

Your data may also be shared to offer certain products, services, or promotions.

Specifically, who could get my data?§

(At any point in time the services provided may be cut.)

Information Security§

Your personal information is a serious matter. Precautions taken to ensure that the data is secure and inaccessible beyond authorized people is through access controls.

Security measures are updated to protect data.

In order to protect your information, the following is done:

  1. Passwords and two-factor authentication are used to lock up areas like CPanel.
  2. Servers that store visitor information and The Sites themselves are backed up daily.
  3. Modern technologies like SSL, encryption, and firewalls are used.

What You Can Domain§

  1. Request a list of your personal information, if we have any.
  2. Request a change, correction, or deletion of personal information.
  3. Opt-out of personal data collection. For some good privacy tools and good privacy-related news, check out the EFF (https://eff.org/).

You can turn off cookies stored on your machine through your browser, but keep in mind this may negatively impact how The Sites and other websites function, and by negatively impact we mean downright break.


Terms and Conditions of Use§

TERMS OF CONDITIONS OF USE — Last updated Jan 7, 2021

If you do not agree with any of these terms, you are prohibited from using or accessing The Sites and related software. The materials contained in this web site and related software are protected by applicable copyright and trademark law.

Inaccuracy of Information§

The Sites and its components are offered for entertainment purposes only; The Sites shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

Use License§

Permission is granted to temporarily download one copy of the materials (information or software) from The Sites (that are owned by The Sites, some information may belong to someone else) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

The author of this website and related programs does not assume any responsibility for any use of the content and software on this website.

This license shall automatically terminate if you violate any of these restrictions and it may be terminated by the site owner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Collection of Data From Minors§

In Short: We do not knowingly collect data from or market to children under 14 years of age.

We do not solicit data from or market to children under 14 years of age. By using The Sites, you represent that you are at least 14 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 14 years of age has been collected, we will take reasonable measures to promptly delete their data from our records. If you become aware of any data we have collected from children under age 14, please contact us at:

privacy[at]enchoseon.com

The information provided on The Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access The Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Sites are intended for users who are at least 14 years old. Persons under the age of 14 are not permitted to use or register for the Sites.

User Representations§

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you will not use The Sites for any illegal or unauthorized purpose; and (3) your use of The Sites will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of The Sites (or any portion thereof). (E.g. Blocking IP permanently.)

Prohibited Activities§

You may not access or use The Sites for any purpose other than that for which we make The Sites available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of The Sites, you agree not to:

Content Submissions§

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding The Sites (“Submissions”) provided by you to us are non-confidential and shall become our sole property unless specified otherwise by the site owner.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Once again, this does not apply to Submissions the site owner pardons.

Site Management§

We reserve the right, but not the obligation, to: (1) monitor The Sites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from The Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage The Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of The Sites.

Terms and Termination§

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your access for any reason, you are prohibited from sneaking in via a different device, a VPN to bypass state/country laws, etc.

In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications & Interruptions§

We reserve the right to change, modify, or remove the contents of The Sites at any time or for any reason at our sole discretion without notice.

However, we have no obligation to update any information on The Sites. We also reserve the right to modify or discontinue all or part of The Sites without notice at any time. We will not be liable to you or any third party for any modification, price changes, suspension, or discontinuance of The Sites.

We cannot guarantee The Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to The Sites, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify The Sites at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use The Sites during any downtime or discontinuance of The Sites.

Nothing in these Terms of Use will be construed to obligate us to maintain and support The Sites or to supply any corrections, updates, or releases in connection therewith.

Dispute Resolution§

Informal Negotiations:

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration:

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (https://adr.org).

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, California.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to The Sites be commenced more than one (1) year after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections§

There may be information on The Sites that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


Disclaimer§

DISCLAIMER — Last updated May 12, 2020

The information provided by Enchoseon is for entertainment purposes only. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on The Sites.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITES OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES. YOUR USE OF THE SITES AND YOUR RELIANCE ON ANY INFORMATION ON THE SITES IS SOLELY AT YOUR OWN RISK.

External Links§

The Sites may contain (or you may be sent through The Sites) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising.

Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITES OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Professional Disclaimer

The Sites cannot and do not contain professional advice. The information is provided for entertainment purposes only and is not a substitute for professional advice.

Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals, or at least stop browsing Facebook for your horrible conspiracy theories.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITES IS SOLELY AT YOUR OWN RISK.


Contact§

In order to resolve a complaint regarding the Site or to receive further information regarding the use of The Sites, please contact us at:

privacy[at]enchoseon.com