EU-Specific Terms of Service
Posted as of: May 9th, 2018
TABLE OF CONTENTS
- Welcome to Entrepreneur.com/eu
- Our Service Content
- Membership and Registration
- Content from Other Content Providers
- User-Generated Content; Comments
- Posting Rules
- Service Security Rules
- Communications with Third Parties through Our Service
- Software Available on Our Service
- International Users
- E-Mail Addresses
- Modification of these Terms of Service, and Changes to Our Service
- Disclaimer of Warranties
- Limitation of EMI's Liability
- Entire Agreement
- Service Contact
1. Welcome to Entrepreneur.com/eu
1.1 Welcome to the websites, online services and mobile application services of Entrepreneur Media, Inc. ("EMI," "we," or "us"). These Terms of Service (the "Terms of Service") are a binding contract between EMI and you and explain the terms and conditions by which you may use and/or access our Service. The term "Service" includes the website www.entrepreneur.com/eu (together with any related subsite, service or feature thereto and all content and software associated therewith, the "Website") and its respective sub-domains, the Entrepreneur mobile application, and any related content, software, applications, widgets, materials and/or services made available by or on behalf of EMI.
1.2 For purposes of these Terms of Service, "you" and "your" mean you as the user of our Service. If you use our Service on behalf of a company, organization or other entity, then (a) "you" includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf, and (c) your entity is legally and financially responsible for your use of our Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
1.3 Our Service is intended solely for users who are 16 years of age or older. If you are under 16 years of age and access or register to use our Service, you are in breach of these Terms of Service. By registering for or using our Service, you represent and warrant that you are at least 16 years of age.
2. Our Service Content
2.1. All of the information, content, services and software displayed on, transmitted through, or used in connection with our Service, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website or application, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website or application (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of EMI, and its affiliated companies, licensors and suppliers. EMI actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of our Service, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.
2.2. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by EMI, and Marks owned by other third parties. For example, "Entrepreneur" is a registered trademark of EMI. No Marks may be used in any manner unless approved in advance and in writing by EMI.
2.6 If you acquire the App from Google, Inc. or one of its affiliates ("Google") via Google Play or its successor(s) (the "Google App"), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of any Google App that you acquire from Google Play. EMI and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by EMI or you (or any other user) under these Terms of Service or the Google Play Terms.
2.7 Requests to use the Content for any purpose other than as permitted by these Terms of Service should be directed to our licensing and reprints provider found at www.entrepreneurreprints.com.
2.8 Free access to the content made available to you on our Service is possible due to the paid advertising that appears on our Service. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on our Service.
2.9 You agree that you will only use our Service for lawful purposes, and you will not use our Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our Service without our express written consent. You may not alter or modify in any way our Service, including but not limited to using any software to suppress or alter the display of advertising on the pages of our Service. In addition, you agree not to: (i) decompile, reverse engineer or disassemble any software or other processes accessible through our Service; (ii) insert any code or product in, on or with our Service; (iii) manipulate the content of our Service in any way that affects the user's experience; (iv) use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of our Service; or (v) otherwise harm our Service in any way whatsoever.
2.10 EMI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on our Service, please contact our designated copyright agent, in writing, either by email at [email protected] or by regular mail at Entrepreneur Media, Inc., Attn: Ronald L. Young, 18061 Fitch , Irvine, CA 92614 USA, and provide the designated copyright agent with the following information:
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 copyright work claimed to have been infringed;
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 locate the material;
Information sufficient to permit us to contact the complaining party, including the complaining party's name, mailing address, telephone number, and e-mail address; and
A statement that the complaining party has 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.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. EMI will terminate the account of any user that is determined to be a repeat copyright infringer.
2.11 The Content on the Website is provided for general information only. It is not intended to amount to advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
3. Membership and Registration
3.2. If you become a member of our Service, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our Service using your name in whole or in part. EMI reserves the right to terminate membership and deny access to our Service to any person who violates these Terms of Service.
4. Content from Other Content Providers
Our Service includes the distribution of content supplied by other content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on our Service. Our Service is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by EMI. EMI is not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, our Service cannot and does not monitor all of the information posted to our Service and assumes no duty to monitor our Service for inappropriate or inaccurate content. Neither EMI nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, EMI reserves the right to remove information provided by other content providers at any time in its sole discretion.
5. User-Generated Content; Comments
5.1. Our Service's interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to our Service. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of our Service. Our Service reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
5.2. By placing any content on, providing any content to, or communicating with, our Service, including for example by posting a comment to an EMI story ("Contributed Content"), you represent and warrant that you own or otherwise control all of the rights in and to such Contributed Content, that such Content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You hereby expressly grant EMI, its affiliates and related entities, including our Service, a worldwide, royalty-free, transferable (including sublicensable to other users), perpetual, irrevocable, and non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works based on, all or any portion of such Contributed Content, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize EMI to include the Contributed Content in a searchable format that may be accessed by users of the Website, other EMI websites and any of the EMI Apps. You also grant EMI and its affiliates and related entities the right to use your name and any other information about you that you provide with any such Contributed Content, and also grant EMI the right to use any material, information, ideas, concepts, knowhow or techniques contained in such Contributed Content for any legal purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such Content. All rights in this Section 5.2 are granted by you and without the need for additional compensation of any sort to you.
5.3. Please note that EMI does not accept unsolicited materials or ideas for use or publication. EMI is not responsible for any similarity between its content or programming and that of any unsolicited materials or ideas transmitted to EMI.
5.4. If you believe that user generated content uploaded to our Service infringes your intellectual property rights or the rights of others, please reference the terms of Section 2.10 regarding how you can notify us of any such infringement, and how we respond to such notices.
6. Posting Rules
6.1. Interactive areas of our Service are intended to encourage public discussion and debate. We expect our users to have different views and opinions and encourage freedom of speech and a free exchange of those ideas and opinions. But by using these areas of our Service, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any Contributed Content posted on our Service at any time for any reason. Decisions as to whether such Content violates any EMI posting rule will be made by EMI in its sole discretion after we have actual notice of such posting. Without limiting our right to remove such Content, we have attempted to provide the following guidelines to those posting Contributed Content on our Service. When using our Service, please do not post material that:
contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
violates any right of EMI or any third party.
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates any law, rule, regulation or ordinance in any jurisdiction, or attempts to encourage such an evasion or violation.
unfairly interferes with any third party's uninterrupted use and enjoyment of our Service.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
uploads copyrighted or other proprietary material of any kind on our Service without the express permission of the owner of that material.
uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service.
includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
uploads or transmits viruses or other harmful, disruptive or destructive files.
disrupts, interferes with, or otherwise harms or violates the security of our Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through our Service or affiliated or linked sites.
"inflames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
is unrelated to the specific interactive area or the interactive area's topic.
disguises the origin of the post.
collects or stores other users' personal data.
6.2. A violation of certain of posting rules may be referred to law enforcement authorities. EMI reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
7. Service Security Rules
You are prohibited from violating or attempting to violate the security of our Service, including without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation via means of injecting a virus into our Service, overloading, "flooding", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EMI will investigate any such occurrences, which may include the involvement of law enforcement authorities in prosecuting those engaged in any such activities.
8. Communications with Third Parties through Our Service
Your dealings or communications through our Service with any party other than our Service are solely between you and that third party. For example, certain areas of our Service may allow you to conduct transactions or purchase goods or services. These transactions will be conducted by our third-party partners and vendors. Under no circumstances will EMI be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction with such third party. Any complaints, concerns or questions you may have relating to materials provided by any third party should be forwarded directly to that third party.
9. Software Available on Our Service
Any software that is made available to download from our Service ("Software") is the copyrighted work of EMI or third-party providers. Use of the Software is governed by (i) these Terms of Service and (ii) the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). In the event of a conflict between our Terms of Service and any such License Agreement, the License Agreement shall control. End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
10. International Users
Our Service is controlled, operated and administered by EMI from its offices within the United States.
11. E-Mail Addresses
EMI respects the privacy of its readers. EMI makes available for rental its list of those registrants who have expressly provided us with their permission to receive third- party information and offers as part of their user profile.
12. Modification of these Terms of Service, and Changes to our Service
12.1 EMI shall have the right, at its discretion, to change, modify, add to or remove any of the provisions contained in these Terms of Service at any time. We will provide you with 30 days' prior written notice of any substantial changes to such provisions ("Notice of Modification") before such changes go into effect. You agree to review these Terms of Service periodically since subsequent use by you of our Service shall constitute your acceptance of such Terms of Service, including acceptance of any changes in those Terms of Service following the 30-day Notice of modification period.
12.2 EMI shall have the right at any time to change or discontinue any aspect of our Service, including but not limited to the community areas, content, hours of availability and equipment needed for access to use, to reflect changes to our users' needs and our business priorities. EMI will try to give you reasonable notice of any substantial changes. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
13. Disclaimer of Warranties
13.1 TO THE GREATEST EXTENT PERMITTED BY LAW, ALL MATERIALS AND SERVICES ON OUR SERVICE (INCLUDING THE WEBSITE AND APP) AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE EMI HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT EMI DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT EMI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON, ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON OUR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON OUR SERVICE.
13.2. EMI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SERVICE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. OUR SERVICE MAY OFFER A SEARCH FEATURE. EMI EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. EMI ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. EMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; AND (II) THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS OR INFORMATION CONTAINED WITHIN OUR SERVICE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING OUR SERVICE AND/OR THE CONTENT CONTAINED THEREIN. EMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES OUR SERVICE AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE GREATEST EXTENT PERMITTED BY LAW, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER'S COMPUTER AND OTHER EQUIPMENT.
14. Limitation of EMI's Liability
UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMI, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EMI IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF OUR SERVICE. IN NO EVENT SHALL EMI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS OR LICENSEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING USD $500. NOTHING IN THESE TERMS OF SERVICE LIMIT OR EXCLUDE, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, EMI'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW.
15. Entire Agreement
These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control (except as set forth in Section 9 above regarding License Agreements).
16.1 These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
16.2 These Terms of Service have been made, and shall be construed and enforced, in accordance with California law. However, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
16.3 In the event of any dispute which you are not able to resolve by contacting us, you and EMI irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims), arising out of or in connection with these Terms of Service or their subject matter or formation. Alternatively, you may submit any dispute with an alternative dispute resolution body via the European Commission's Online Dispute Resolution (ODR) platform.
16.4 If any provision of these Terms of Service are held to be unlawful or unenforceable by a court having competent jurisdiction, that shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).
16.5 Any failure of EMI to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision. This means that, if EMI delays in insisting that you take any action required in accordance with these Terms of Service or delays in taking any action regarding your breach of these Terms of Service, any such delays will not prevent EMI from insisting that you take any such action, or taking any action against you for any such breach, at a later date.
16.6 Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service.
16.7 The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect.
16.8 In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to EMI, and all other provisions for which survival is equitable or appropriate.
16.9 EMI may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
17. Service Contact
If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at [email protected] or at the following address:
Entrepreneur Media, Inc.
Attn.: Terms of Service Issues
Irvine, CA 92614