Welcome to Engine21. We're glad you're using this service. While there is a lot of legalese on this page, it essentially boils down to the Golden Rule: we expect all who access Engine21 services to treat our team and our services with the same kind of fairness and respect we strive to accord you.
1. Your relationship with Engine21
"Engine21" is a suite of services (referred to collectively as the "Services" in this document and excluding any services provided to you by Engine21 under a separate written agreement) offered and operated by Walden Street Web Services (collectively, with its affiliates, "We" or "Engine21"), whose principal place of business is in Cambridge, Massachusetts, United States. Your use of the Services is subject to your acceptance of these Terms of Service (the "Terms"), which creates a legal agreement between you and Engine21. Please read this document carefully, as it explains the agreement created.
2. Accepting the Terms
In order to use the Services, you must first agree to these Terms. You may not use the Services if you do not accept these Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Engine21 in the user interface for any Service; or
(B) actually using the Services. In this case, you understand and agree that Engine21 will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services
Engine21 is always trying to improve its Services. You acknowledge and agree that the form and nature of the Services which Engine21 provides may change periodically without prior notice to you.
As part of this continuing process of improvement, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.
4. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide will always be accurate, correct and up to date.
You may not (a) select or use as an Engine21 User ID a name of another person with the intent to impersonate that person; (b) use as an Engine21 User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as an Engine21 User ID a name that is otherwise offensive, vulgar or obscene. Engine21 reserves the right to refuse registration of, or cancel, an Engine21 User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Engine21 password.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to submit any off-topic content or any content or comments linking to affiliate programs, multi-level marketing schemes or sites/blogs repurposing existing content (source hops). You agree not to use Engine21 with the intention of artificially inflating or altering any Engine21 counts, comments, or Services, including by creating separate accounts for a single user; giving or receiving money or other remuneration in exchange for votes; or participating in any organized effort that in any way artificially alters the results of Engine21's Services.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Engine21, unless you have been specifically allowed to do so in a separate agreement with us. With the exception of RSS feeds offered by Engine21, you specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Engine21 has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Engine21 may suffer) of any such breach; and you agree to indemnify and hold us harmless from any such loss or damage.
In addition, without limiting any of the above, you agree not to use the Service to:
You are solely responsible for your actions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You may display on your own personal or business web site one or more of the data feeds or widgets we make available, subject to these Terms and any additional terms specified as a condition of that use. Except through the proper use of such display devices, you may not republish any Engine21 Content on any Internet, Extranet or Intranet service or incorporate the information in any database or compilation except those used solely by yourself and your family.
5. Privacy and personally identifiable information
You agree to the use of your data in accordance with Engine21’s privacy policies.
6. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the publishers or other entities who provide that Content to Engine21 (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Engine21 or by the owners of that Content, in a separate agreement.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. The basis for any Content removal may include, but is not limited to, reasonable concerns about accuracy, fairness, or inconsistency with Engine21's mission of environmental stewardship.
You agree that you are solely responsible for (and that Engine21 has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so; and you agree to indemnify and hold us harmless from any such loss or damage.
7. Proprietary rights
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless we have agreed otherwise in writing, nothing in the Terms gives you a right to use any of Engine21’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in Section 8, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with us, you agree that you are responsible for protecting and enforcing those rights and that Engine21 has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. If you believe those notices are there in error, you will so inform us.
Unless you have been expressly authorized to do so in writing by us, you agree that in using the Services, you will not use any trade mark, service mark, trade name or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. Content license from you
Engine21 respects the intellectual property of others. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Engine21 a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
You agree that this license includes a right for Engine21 to make such Content available to other companies, organizations or individuals with whom Engine21 has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You confirm and warrant to Engine21 that you have all the rights, power and authority necessary to grant the above license.
9. Ending your relationship with Engine21
The Terms will continue to apply until terminated by either you or Engine21 as set out below.
If you want to terminate your legal agreement with Engine21, you may do so by (a) notifying Engine21 at any time and (b) closing your accounts for all of the Services which you use, where Engine21 has made this option available to you.
Engine21 may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
(B) Engine21 is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Engine21 offered the Services to you has terminated its relationship with Engine21 or ceased to offer the Services to you; or
(D) the provision of the Services to you by Engine21 is, in Engine21’s opinion, no longer operationally viable; or
(E) Engine21, in its sole discretion, determines to no longer provide the Services to you.
Nothing in this Section shall affect Engine21’s rights regarding provision of Services under Section 4 of the Terms.
When our agreement pursuant to these Terms ends, all of the legal rights, obligations and liabilities that you and Engine21 have benefited from or been subject to (including those which accrued while the Terms were in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, specifically including sections 7, 8, and 10-12; and the provisions of section 15 below shall continue to apply to such rights, obligations and liabilities indefinitely.
10. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, ENGINE21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
(D) DEFECTS IN ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENGINE21 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ENGINE21 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS ALSO PROVIDED TO YOU "AS IS" AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
NOTHING IN THESE TERMS, INCLUDING SECTION 11, SHALL EXCLUDE OR LIMIT ENGINE21’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENGINE21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY OTHER LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ENGINE21 MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE ENGINE21 WITH ACCURATE ACCOUNT INFORMATION; OR
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
(C) ANY LIABILITY TO YOU, IN TOTAL, THAT EXCEEDS THE GREATER OF THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SERVICES AND $100, IRRESPECTIVE OF THE CAUSE OF THE LOSS (INCLUDING NEGLIGENCE)AND EVEN IF WE WERE AWARE THAT SUCH LOSS MIGHT ARISE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ENGINE21, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, FROM AND AGAINST ANY LIABILITY, CLAIM, OR LOSS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF ANY CLAIM, ACTION, INVESTIGATION OR PROCEEDING MADE OR INSTITUTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
12. Other content
The Services may include hyperlinks to other web sites, content or resources, and may describe or refer to other products, services and firms. Engine21 has no control over any sites, resources, products or services provided by persons other than Engine21.
You acknowledge and agree that Engine21 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or third persons. This is for your convenience and reference only, and the mere presence of such references does not imply our endorsement.
You acknowledge and agree that Engine21 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or third persons.
13. Changes to the terms
Engine21 may make changes to these Terms. When these changes are made, Engine21 will [post a notice on this page that the Terms (including the effective date) and make a new copy of the Terms available at http://www.engine21.com/about/termsofuse.
You understand and agree that if you use the Services after the date on which the Terms of Service have changed, Engine21 will treat your use as acceptance of the updated Terms.
14. Copyright Policy
Engine21 respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material offered through the Services, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located in the Services; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company’s Designated Agent to receive notification of claimed infringement is Stephen Lapointe, Walden Street Web Services, 1619 Massachusetts Avenue, Cambridge, MA 02138, email: email@example.com, phone: 617-864-0770. This contact information is only for notices relating to copyright infringement; all other notices, comments, requests for support, or other communications should be sent to the contacts stated in "Communications" below.
15. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Engine21 and govern your use of the Services (but excluding any services which Engine21 may provide to you under a separate written agreement), and completely replace any prior agreements between you and Engine21 in relation to the Services.
You agree that Engine21 may provide you with notices, including those regarding changes to the Terms, by email or postings on the Services.
You agree that if Engine21 does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Engine21 has the benefit of under any applicable law), this will not be taken to be a formal waiver of Engine21’s rights and that those rights or remedies will still be available to Engine21.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Engine21 under the Terms, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any dispute relating in any way to the Services or these Terms shall be submitted to confidential arbitration in Middlesex or Suffolk Counties, Massachusetts, except that Engine21 may apply for injunctive relief (or other equitable relief) in any jurisidiction, for which purposes you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, jurisdiction in the state and federal courts of Massachusetts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim, action or proceeding by you related in any way to the Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If you have any comments, questions, requests for assistance, or other messages to communicate to us (except notification of copyright infringement, as discussed under "Copyright Policy" above), please send your message to firstname.lastname@example.org.
14 September 2007