Terms of Use

Introduction

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.

These terms of use govern your use of our service; by using our service, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our service.

Our service uses cookies. By using our service and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

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 may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

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).

Acceptable use

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.

Restricted access

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

In these terms of use, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) and meta-data (curations of content, taggings, ratings) submitted by users to our website, via a web browser, a third-party service using our API, or by any other means, for whatever purpose. “Your user content” means any such user content you have submitted.

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.

You warrant and represent that your user content will comply with these terms of use.

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.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Limited warranties

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

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

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.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

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

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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 info@3encores.com