Terms and Conditions

Welcome to Enginuity. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Enginuity Search Media Inc.’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Enginuity’ or ‘us’ or ‘we’ refers to the owner of the website Enginuity Search Media Inc. The term ‘you’ refers to the user or viewer of our website.


The use of this website is subject to the following terms of use:


Basic Terms

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• This website uses cookies to monitor browsing preferences.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• Enginuity also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Enginuity Search Media Inc. endorse the website(s). Enginuity Search Media Inc. have no responsibility for the content of the linked website(s).

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.

• You are responsible for your use of the Services and for any Content accessed or Enginuity Search Media Inc. and you must not be prohibited from receiving the Services under Canadian law or any other applicable laws.

• Enginuity Search Media Inc. may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.

• You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers"). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.

• Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Enginuity Search Media Inc. may (but has no obligation to) terminate your ability to access or use the Services at any time.


Your Account

• Each account login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you'd like.

• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

• You must provide your legal full name, a valid email address, and any other information requested in order to complete the account sign-up process.

• You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. Enginuity Search Media Inc. encourages you to use a "strong" password (passwords that use a combination of upper and lower case letters, symbols and numbers) for your account. Enginuity will not be responsible for any loss or damages resulting from your failure to comply with this obligation.


Content and Ownership

• You understand that by using the services you may be exposed to content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Enginuity Search Media Inc. does not pre-filter content and cannot be responsible for the content accessed or made available to others through the services.

• Enginuity Search Media Inc. does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Enginuity Search Media Inc. customer, employee, member, or officer. Engaging in any such behaviour may at Enginuity's sole discretion result in the immediate termination or your account.

• You must not share, post, or transmit unsolicited email or illegal or spam content through the services.

• You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the services.

• Enginuity Search Media Inc. claims no intellectual property rights over the content made available to others through your account. Additionally, your profile and other content you provide to Enginuity in connection with the services remain yours. Distribute such content through any or all media or distribution methods (whether now known or hereafter developed) you acknowledge that the purpose of the services is to access and distribute individual and third party content.


Copyright Infringement

• Enginuity Search Media responds to notices of alleged copyright infringement in compliance with applicable legal requirements. For Enginuity Search Media's products and services which have account holders, Enginuity Search Media in its sole discretion may terminate the accounts of repeat infringers in appropriate circumstances. If you would like to submit a notice of alleged copyright infringement please fill-in online form and follow guidelines available here.

• Although Enginuity Search Media strongly encourages you to submit your notices of claimed copyright infringement, reinstatement requests and counter-notices via contacting us or through the online forms to ensure the most expedited reply to your valid and complete notices, requests and counter-notices, Enginuity Search Media still accepts notices submitted by other means. By submitting any such notices, requests and counter-notices via any other means of transmission (such as email, fax or postal mail), you hereby understand and agree that Enginuity Search Media’s processing of same may be substantially delayed and results of the processing could be less efficient, and your further hereby consent without any objection to such slower processing time and decreased efficiency.

Contact details of Enginuity Search Media’s designated agent for the purposes of claimed copyright infringement notices can be done through our contact us page.


Payments

• If you are purchasing services from Enginuity Search Media Inc., you must provide valid credit information.

• If you sign up for an account with a free initial trial period, and you do not cancel that account within the first 7 days after it was initially created, you will automatically be billed monthly starting on the 7th day after your account was initially created. If you cancel your account prior to the beginning of the 7th day, you will not be charged.

• Purchased services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the services were unused.

• All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.

• You must fill out your correct province/state and country so that Enginuity Search Media Inc. can understand its obligations to applicable taxation authorities in Canada.


Modifications to the Services

• Enginuity Search Media Inc. may change the services at any time and from time to time without notice. Any changes to the services, including releases of new features, tools or resources, shall be subject to these Terms of Service. Enginuity Search Media Inc. may also stop temporarily or permanently providing services or any part of the services to you or to its customers generally without prior notice.

• Pricing of all services, including but not limited to monthly subscription plan fees for services, are subject to change upon 30 days notice from Enginuity Search Media Inc. Such notice may be provided at any time by posting the changes on Enginuity Search Media Inc. website.

• Enginuity Search Media Inc. shall not be liable to you or to any third party for any change to the services, price change, suspension or discontinuance of the services.


Account Cancellation

• Enginuity Search Media Inc. does not accept any responsibility for loss of content due to account cancellation.

• Enginuity Search Media Inc., in its sole discretion, has the right to suspend, terminate or restrict your access to the services, or any other Enginuity service, for any reason and at any time. Such termination of the services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all content on your account.

• Enginuity Search Media Inc. reserves the right to refuse to provide the services to anyone for any reason at any time.


General Conditions

• Technical support is only provided to paying account holders and is only available via email.

• You understand that Enginuity uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the services.

• You understand that the technical processing and transmission of the services and content, may be transferred unencrypted and involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

• If your bandwidth usage exceeds 400 MB/month, or significantly exceeds the average bandwidth usage of other Enginuity Search Media Inc. customers (as determined by Enginuity in its sole discretion), Enginuity reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.

• You agree that if you sue Enginuity Search Media Inc. and do not obtain judgment in your favour, you will pay all of Enginuity Search Media Inc. costs, including reasonable fees for in-house and outside legal counsel.

• The failure of Enginuity Search Media Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Enginuity Search Media Inc. and governs your use of the services, superseding any prior agreements between you and Enginuity (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Enginuity Search Media Inc. ability to amend these Terms of Service, they cannot be changed.

• If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.

• These Terms of Service are governed by the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in Ontario, Canada. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use. You and Enginuity specifically disclaim the UN Convention on Contracts for the International Sale of Goods.


Disclaimer and Limitation of Liability

• The information contained in this service is for general information purposes only. The information is provided by Enginuity Search Media Inc. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

• In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

• Through this website you are able to link to other websites which are not under the control of Enginuity Search Media Inc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

• Every effort is made to keep the website and services up and running smoothly. However, Enginuity Search Media Inc. takes no responsibility for, and will not be liable for, the website or services being temporarily unavailable due to technical issues beyond our control.