ENOVA FACEBOOK PAGE HOUSE RULES
Welcome to the official Enova page on Facebook! The Enova Facebook Page is maintained by Enova International, Inc. (“Company,” “we,” “our,” or “us”). These Enova Facebook Page House Rules (these “House Rules”) govern your (“you,” “your,” or a “Participant”) access to and use of www.facebook.com/Enova and any other brand pages we make available on Facebook (collectively, the “Community”), and the features, widgets, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to these The Community is intended to be a place for our fans to discuss the Company’s brands, services, promotions and news. Company’s goal is to create an enjoyable community experience for all, and we ask that all Participants please follow the codes of social decency and keep the conversation respectful and “family-friendly” so that everyone can feel comfortable as they contribute to the Community.
Any User Content (defined below) posted on the Community by a Participant does not represent the opinion of Company, and is not endorsed by Company, including, for example, advice submitted by Community members. First and foremost, we take the quality of our products and services very seriously. If you have a questionor concern about any Company product or service, please do not post these questions or concerns on the
Community, but instead contact us at: firstname.lastname@example.org.
By visiting, using or otherwise posting User Content on the Community, you indicate your unconditional acceptance of these House Rules, including, without limitation, the following terms and conditions:
By visiting, using or otherwise posting User Content on the Community, you indicate your unconditional acceptance of these House Rules, including, without limitation, the following terms and conditions:
1. Community Rules: Company does not assume any obligation to monitor any content, messages, comments, claims, statements, advice, information, posts, images, photos, links or other content posted, uploaded or linked to on the Community by users (collectively, “User Content”). As you participate in the Community, please remember that Company is not responsible for any User Content, and we further do not endorse, represent or warrant the accuracy of any such User Content, and that by using the Community, you may be exposed to User Content from other Participants that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that we reserve the right to monitor and to remove any User Content that we determine, in our sole and absolute discretion,violates Facebook’s Statement of Rights and Responsibilities (https://www.facebook.com/legal/terms#!/legal/terms), in effect from time to time, or other User Content that:
• Is obscene, lewd, lascivious or filthy;
• Is illegal or promotes illegal activity;
• Includes spam content or phishing schemes;
• Contains any viruses, Easter eggs, worms, bots, Trojan horses or potentially damaging computer programs, code, malware, technologies, files or malicious code that could impact the operation of the Community or any computer or other device;
• Uses any third-party trade names, trademarks or service marks or the name of any third party’s products, offerings, services, brands or trademarks, or otherwise infringes any other third party rights;
• Links to a third-party website;
• Is abusive, harassing, threatening, violent, derogatory, discriminatory or defamatory (including personal or corporate attacks, including attacks on Company, its partners, distributors, and affiliates);
• Is false, deceptive, inaccurate, misleading or deceitful;
• Infringes, encourages, or depicts the infringement of another party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or other rights;
• Violates, encourages, or depicts the violation of any law, statute, ordinance, regulation or that encourages or depicts conduct that constitutes a criminal offense or may result in civil liability;
• Includes, demonstrates or encourages the misuse of a product or a hazardous situation;
• Includes personally identifiable information (such as telephone numbers, first and last names, street or email addresses) of anyone who has not given permission;
• Includes the submission of an idea or suggestions of new products or services;
• Sells a product or service of any type, including advertisements of any kind, including competitor advertisements, item sale, solicitation, or self-promotion;
• Has been posted by anyone under the age of 13;
• Is off-topic or irrelevant;
• Is unintelligible; or
• Is otherwise objectionable or inappropriate.
If you submit User Content that we believe violates these House Rules, then we may take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your User Content at any time without notice for any reason whatsoever. Also, we reserve to right to prevent access to the Community to any Participant who posts content in violation of these House Rules. However, we are not obligated to take any action not required by law. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
2. Maintain Appropriate Rights In Your User Content: You represent and warrant that you have the necessary rights, permissions, clearances and consents to submit your User Content. All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these House Rules. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to Company and grant us the rights granted hereunder. For example, if someone has taken a photograph of you and your friend, and you post that photograph as your User Content, then you must obtain your friend’s and the photographer’s permission to do so. We may require, at any time, proof of any necessary permissions in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Community.
3. Non-Confidentiality of Your User Content: You agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark the submission “confidential,” “proprietary,” or the like, (b) User Content will not be returned, and
(c) Company does not assume any obligation of any kind to you or any third party with respect to your User Content. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content. All submissions of User Content are at your own risk. Company is not seeking ideas or materials for products or services, or even improvements to products or services (collectively, “Unsolicited Ideas and Materials”) on this Community, so please do not submit any such ideas or materials through this Community. Any Unsolicited Ideas and Materials you post on or send to us via the Community are deemed User Content and you grant us an irrevocable license as set forth below. Unsolicited Ideas and Materials will not be treated as confidential and Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Company’s receipt of your Unsolicited
Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Each Participant acknowledges that other users may have created ideas and concepts contained in their User Content that may have familiarities or similarities to your submissions. Submissions of Unsolicited Ideas and Materials will not entitle you to any compensation or right to negotiate with Company for compensation. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate you for any Unsolicited Ideas and Materials or any other User Content and there is no obligation for Company to pay or otherwise compensate Participants for any of their ideas or materials in any communications with Company, whatsoever.
4. Participant’s Grant of a Non-Exclusive License to Company for Use of User Content: Participants retain ownership of Participant’s User Content but grant a non-exclusive license to Company thereto as set forth below. As consideration for use of the Community, upon Participant’s submission of User Content, Participants grant to Company, and each of its licensees, sublicensees, successors and assigns, the non-exclusive, perpetual, irrevocable, royalty-free, no-cost license and right to use and otherwise exploit Participant’s User Content, and all code, content, images, graphics, words, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, physical products, CDs, DVDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages. This license includes, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-
title and adapt the same, to combine it with other material and to synchronize it with audiovisual materials and to otherwise use and exploit it. Company and its successors, assigns, licensees and sublicensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes or otherwise.
Without limiting the forgoing, Company will have the right to use all literary materials and other intellectual property contributed by Participant to User Content, including, without limitation, the characters, and all other images depicted therein, in any products, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose with no financial or other obligations to Participants. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Participants also irrevocably grant Company the right to use their name, voice, likeness and biographical material in connection with their User Content, and derivative works thereof, including, without limitation, in credits (which said credit(s), if any, will be at Company’s sole discretion), advertising, publicity and exploitational material. Participants agree not to issue any publicity concerning Company. Participants agree that neither Company nor its or their agents shall be responsible for return or preservation of User Content submitted or any elements thereof. In addition, Participants agree that Company shall have the sole discretion in determining the extent and manner of the use of the User Content, and all elements thereof, in whole or in part, and that Company is not obligated in any way to use or exploit same or anything else granted herein or any portion thereof in any medium or any manner.
5. Representations and Warranties: Participant hereby represents and warrants that his or her User Content: (1) is wholly original with Participant and not a copy, derivative work or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any contractual or legal rights, personal rights (e.g.,defamation, privacy, false light, moral right, etc.), moral rights or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which may adversely affect or in any way prejudice, impair or diminish the rights granted hereunder or the value thereof. Participant further represents and warrants that he or she has the right to execute and fully perform these House Rules and that Participant is of the age of majority in their state of residence. Participant will defend, indemnify and hold Company and its parents and holding companies, and each of their respective successors, assigns and licensees, harmless from and against: (a) any claims, costs, injuries, losses and damages related to any unauthorized use of the Company Content (defined below) or any breach by Participant of these House Rules; and (b) any third party claims, to the extent relating to any breach of any representation, warranty or covenant made by Participant in these House Rules. Participant further represents and warrants that there are no performing rights societies or collective bargaining organizations, unions or guilds that has jurisdiction over any User Content.
6. Company Content: The trademarks, logos, characters, images, content and other materials uploaded by or on behalf of us on the Community (“Company Content”) are owned solely or licensed by Company. Participants are prohibited from reusing any Company Content. Company Content may not be repurposed or used by any Participant or third party without written permission from Company. However, please feel free to link and share the Company Facebook Page with your friends and family. Please note that the Company Content may contain typographical errors, other inadvertent errors or inaccuracies and we are not responsible for any such typographical errors, other inadvertent errors or inaccuracies.
7. Disclaimer of Warranty; Limitation of Liability: We provide the Community for you to interact with us and with our other fans, and to provide you a vehicle to obtain information about us and our products and services. While we strive to provide Company Content that is accurate and complete, under no circumstances will we be liable for any loss or damage caused by your use of, and/or reliance on information in, any Company Content or User Content.
The Company Content is not a warranty or contractual commitment from Company. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Company Content or User Content available through the Community.
ALL CONTENT AND SERVICES, WHETHER PROVIDED BY COMPANY, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE COMMUNITY IS PROVIDED “AS IS” WITHOUT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE COMMUNITY IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS OR ERRORS WILL BE FOUND OR CORRECTED, OR (iv) THE COMMUNITY OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.
IN NO EVENT SHALL COMPANY, ITS LICENSORS, VENDORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES (IN EACH CASE, WHETHER DIRECT OR INDIRECT), LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE HOUSE RULES OR THE COMMUNITY, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8. Governing Law, Jurisdiction, No Class Actions and Waiver of Injunctive Relief: We hope we never get into any disputes with you in connection with our Community, but just in case, here are some things that would apply:
A. GOVERNING LAW/JURISDICTION. THESE HOUSE RULES AND THE INTERPRETATION OF THESE HOUSE RULES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES THAT MIGHT CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
B. Arbitration. You and we agree that, to the fullest extent permitted by applicable law, any controversy or claim in connection with or related to the Community or these House Rules not otherwise resolved between you and Company will be finally settled solely by binding arbitration by a single neutral arbitrator who is a lawyer or retired judge administered by the American Arbitration Association (“AAA”) and conducted in accordance with the Commercial Arbitration Rules of the AAA, including AAA’s Supplementary Procedures for Consumer-Related Disputes; provided, however, that any issues relating to Company’s intellectual property rights, including any such rights Company claims that may be in dispute, shall only be subject to arbitration if Company’s President agrees in writing to have such subject to arbitration. If a party submits the dispute to formal arbitration hereunder and the AAA is unwilling or unable to set a hearing date within forty-five (45) days of the filing of a “demand for arbitration,” then either party may elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”), using its streamlined Arbitration Rules and Procedures, or any other mutually agreeable arbitration administration service. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in these House Rules and can award the prevailing party(ies) damages and other relief. You and we each further agree that any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration or other proceedings with any claim or controversy of any other party; provided, however, that if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the dispute must be brought in court. If an in-person hearing is required, the arbitration hearing will be conducted in Cook County, Illinois (unless prohibited by applicable law) and judgment on the arbitration award may be entered into any court
having jurisdiction of it. The parties will pay the administrative and arbitrator’s fees in accordance with the applicable arbitration rules; provided, however, if applicable law requires Company to pay a greater portion of such fees in order for the arbitration provision to be enforceable, Company shall have the discretion to elect to pay such fees and proceed to arbitration. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org and from JAMS at (949) 224-1810 or http://www.jamsadr.com. Discovery shall be permitted pursuant to the applicable arbitration rules. The arbitrator’s award will consist of a written statement stating the disposition of each claim, and will provide a statement of the essential findings and conclusions on which the award is based. The award shall be enforceable by any court with jurisdiction over the parties. Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court.
C. No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Community or these House Rules will be resolved individually, without resort to any form of class action.
D. WAIVER OF INJUNCTIVE RELIEF. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, PAGE, CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.
9. Consent to House Rules: You agree to comply with all applicable laws, rules and regulations and you agree to abide by these House Rules. Company reserves the right to prospectively modify these House Rules, at any time, and from time to time, without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Community so that they are accessible via a link on the Community, and that your use of the Community after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your going forward agreement to the Updated Terms. Therefore, you agree to the version of these House Rules that is posted at the time of each use of the Community with respect to that use. The Updated Terms will be effective as of the time that Company posts them on the Community, or such later date as may be specified in them.
10. For Additional Information: If you have any questions about these House Rules, please contact us at: email@example.com or send a letter to:
200 W. Jackson Blvd.
Chicago, IL 60606
11. Severability; Interpretation: If any provision of these House Rules is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these House Rules only in the jurisdiction actually covered by such adjudicating body, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these House Rules (which will remain in full force and effect in such jurisdiction and in any other jurisdiction). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
We look forward to seeing the growth of an active and fun community for all, and we hope you enjoy being a member of the Community!
Effective Date: November 26, 2013