For the purposes of this document, “We”, “Us”, and “Our” refer to 3Encores, LLC, owner and operator of 3Encores.com. “Our Service”, and “Our Website” refer interchangeably to the 3Encores website located at https://www.3encores.com, the 3Encores applications, including the 3Encores mobile apps, and related services. “You” refers to any user interacting with 3Encores.
Licence to use our service
Unless otherwise stated, we or our licensors own the intellectual property rights provided by the service. Subject to the licence below, all these intellectual property rights are reserved.
Our service aggregates content from third party providers. We do not assert copyright ownership over aggregated third-party content. We do not accept responsibility for third-party content.
You must not:
- republish material from this service (including republication on another service);
- sell, rent or sub-license material from the service;
- show any material from the service in public;
- reproduce, duplicate, copy or otherwise exploit material on our service for a commercial purpose
- edit or otherwise modify any material on the service; or
- redistribute material from this service except for content specifically and expressly made available for redistribution (such as our API and channel data).
You must not use our service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our service without our express written consent.
You must not use our service to transmit or send unsolicited commercial communications.
We reserve the right to restrict access to parts of our websites and applications, or indeed our whole service, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website and applications or other content or services exclusively reserved for logged-in users (whether restricted to a subset of users in this category or not), you must ensure that that the password is kept secure and confidential.
Users must be aged 13 years or over to access our service.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website and applications arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person’s user ID and password to access our website and applications.
We may disable your user ID and password in our sole discretion without notice or explanation.
User generated content
You agree that all of your user content contributed to our website is licensed to us under the Creative Commons Attribution ShareAlike 3.0 Unported License. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, cache, reproduce, adapt, display, publish, translate and distribute your user content in any existing or future media even if such content has been removed, whether by yourself, by another user, or by us. This includes, but is not limited to, exposure via our website, our API, our data dumps, and our promotional material. You additionally grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Should you submit user content to a third-party website or service, you must abide by the aforementioned Creative Commons License. For avoidance of any doubt, you must ensure that the content, wherever it may be published:
- Is accompanied by a link to the aforementioned Creative Commons license, which specifically mentions its name in full as above.
- Includes attribution to our website and all of the users who have contributed to the submitted content, by way of a direct link to the content and the users’ homepages on our website.
Your user content must not be illegal or unlawful, must not infringe our legal rights or any third party’s legal rights, whether by infringing on trademark, copyright, or other rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Where our website links to, embeds, or streams content from third-party websites, we make no representations concerning the quality, suitability, accuracy, reliability, or timeliness of such content.
Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control and to the fullest extent permissible by law.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any bandwidth costs.
Exclusion of third party rights
Processing of Personal Data
Company will make available to corporate clients to which it provides services (“Clients”) information relating to an identified or identifiable natural person (“Personal Data”). With respect to such Personal Data, Company and its Clients shall both be regarded as Data Controllers. With respect to Processing of Personal Data covered by the General Data Protection Regulation (“GDPR”) or any other law regarding the collection, use, disclosure, or security of Personal Data (“Data Protection Laws and Regulations”), Client shall have the obligations set forth in this section. All capitalized terms not otherwise defined in these Terms and Conditions shall have the same meaning as provided by GDPR.
Client shall treat Personal Data as confidential information.
Processing of Personal Data shall solely be done in accordance with this Agreement.
Client shall comply with all obligations of a Data Controller under the GDPR and any other Data Protection Law and Regulation with respect to its Processing of Personal Data. Client shall ensure that there is a valid, lawful basis for all Processing of Personal Data that Client undertakes or directs to be undertaken on its behalf, and that it has obtained all necessary consents or authorizations under GDPR or any other Data Protection Law and Regulation for its Processing. Client shall ensure that Client is entitled to access the relevant Personal Data and can lawfully use, Process, and transfer Personal Data in accordance with these Terms and Data Protection Law and Regulations.
In the event Client engages Sub-processors, Client shall implement written contracts to ensure compliance with all obligations mandated by Data Protection Laws and Regulations associated with the Personal Data they are Processing. Client shall only engage Sub-processors capable of Processing Personal Data in compliance with Data Protection Laws and Regulations, including GDPR. Client shall be liable for the acts and omissions of its Sub-processors to the same extent Client would be liable if performing the Processing of each Sub-processor directly.
Upon notice, Client shall stop and remediate any unauthorized Processing.
Client shall comply with any requests by Data Subjects to exercise their individual rights under GDPR or any other data protection law, including rights to access, correct, amend, block, restrict, or delete their Personal Data, as required by Data Protection Laws and Regulations.
Client shall, to the extent legally permitted, promptly notify Company if it receives a request from a Data Subject for exercise of an individual right under GDPR or any other law, including rights for access to, or correction, amendment, blocking, restriction, or deletion of that person’s Personal Data, that may impact Company’s Processing of the Personal Data. Client shall fully address that person’s request unless it is not possible to do so without assistance from Company. In any such case, Client shall provide commercially reasonable cooperation and assistance to Company in relation to handling of a Data Subject’s request.
Client shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities, and are under an appropriate obligation of confidentiality (whether contractual or statutory). Client shall take commercially reasonable steps to ensure the reliability of any personnel engaged in the Processing of Personal Data.
Client shall implement and maintain administrative, physical, and technical safeguards to ensure protection of the security, confidentiality, and integrity of Personal Data, as provided by Data Protection Laws and Regulations, including GDPR. Client’s security measures must be designed to protect Personal Data from and against accidental or unlawful destruction, loss, alteration, or unauthorised disclosure or access. Client shall regularly monitor compliance with its safeguards. Client will not take any action or engage in any practice that in any way decreases the overall security of Company or its Services.
Taking into account the nature of Processing and the information available to Client, Client shall assist Company, to the extent necessary or appropriate, with Company’s obligations pursuant to Art. 32 – 36 GDPR, in particular with respect to the security of the Processing, data protection impact assessments, and consultation with Supervisory Authorities.
The Client shall immediately notify Company if it is subject to any investigation by a Supervisory Authority, and if it becomes subject to any control procedures or measures imposed by a Supervisory Authority pursuant to the GDPR or other Data Protection Law and Regulation. This shall also apply to the extent that a competent authority conducts investigations at Client pursuant to the GDPR or other Data Protection Law and Regulation.
If Client transfers Personal Data to a third country or international organization, Client shall make such transfer only in accordance with GDPR and Data Protection Law and Regulations, and agrees to disclose or publish information on the appropriate or suitable safeguards that have been used to make such transfers to the third country to the extent required under the GDPR or other Data Protection Law and Regulation to inform the Data Subject.
Client shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify Company of any actual or reasonably suspected accidental or unlawful destruction, loss, alteration, unauthorized disclosure, of, or access to Personal Data, Processed by Client or its Processors of which Client becomes aware (a “Security Breach”) without undue delay and in any event within 24 hours. Client shall make reasonable efforts to identify and remediate the cause of such Security Breach. Client shall be solely responsible to notify Supervisory Authorities and Data Subjects of any Security Breach and pay all costs associated with the same.
We may transfer or re-assign this agreement in parts or in its entirety. You may not re-assign or transfer this agreement.
Law and jurisdiction
Third-Party Assets Used on 3Encores
3Encores uses certain third-party assets under creative commons and/or open source licenses.
Registrations and authorizations
The full name of our company is 3Encores, LLC.
You can contact us by email to firstname.lastname@example.org