These Terms of Service (the "Terms of Service") apply to registered users of our sites, RSS feeds, newsletters, applications, application programming interfaces (APIs) and services (herein, "Services") that are operated by or controlled by Essential Software & Design, including but not limited to Essential Software & Design and Work Messages (collectively, "Essential Software & Design," "we," "us," or "our"). Essential Software & Design is an independent media company (ESND).
We reserve the right at any time to change the terms, conditions, and notices under which the Services are offered, including but not limited to these Terms of Service. We will post such changes online. We recommend that you periodically review the Terms of Service on our website to stay informed of any updates.
Overview of our Services
Sites and Browser-based User Experiences
Essential Software & Design operates a range of Internet-based sites and browser-based user experiences, including, without limitation, esnd.com, workmessages.com, our RSS feeds, our newsletters, and our application programming interfaces (APIs).
Digital Subscription Services and Products
The term "digital product" refers to paid digital products available from Essential Software & Design, including Essential Software & Design digital subscriptions.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you may download for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants. Your use of the software applications must be authorized and must comply with all applicable import and export control laws and regulations of the United States and other countries.
Accessing our Services
Membership and Registration
If you access our Services, you agree to accept responsibility for all activities that occur under your account or password, and agree that 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 Services using your name in whole or in part.
You must notify Essential Software & Design immediately of any breach of security or unauthorized use of your account. Although Essential Software & Design will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Essential Software & Design or others due to such unauthorized use.
You agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the identity of any fellow user on the Services; (f) impersonate any person or entity, or otherwise misrepresent your identity or affiliation with a person or entity; (g) use any "robot," "spider," "rover," "scraper," or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Notwithstanding the foregoing, Essential Software & Design grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Essential Software & Design reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Third-Party Submissions (defined below).
Who May Use The Services:
Age Requirement. You must be at least 13 years old to use the Services. If you are at least 13 but are still a minor (as defined by the laws of your state, province and/or country), you must have your parent’s or legal guardian's permission to use the Services. Please have him or her read these Terms of Service with you.
Notice to Parents and Guardians. Essential Software & Design does not knowingly market to, target or solicit information from children. You are responsible for monitoring and supervising your child's use of the Services. If your child is using the Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. You agree to waive, and hereby waive, any legal or equitable rights or remedies you or your children have or may have against Essential Software & Design, its parent, subsidiaries, affiliates and/or licensors with respect to your child’s viewing of such content, and you agree to indemnify and hold Essential Software & Design, its parent, subsidiaries, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your child’s viewing of such content if he/she is under 18 years of age.
Warning. Even if you are old enough to use the Services and/or have your parent's or guardian's permission, some of the content available within the Services may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content. We reserve the right to restrict or disable your access to such content if we have reason to believe that you are under 18 years of age.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as applicable payment terms and conditions, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms of Service.
Communications Between Essential Software & Design and Members
If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services.
Essential Software & Design reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
Essential Software & Design may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
Your use of the Services is subject to your ongoing compliance with these Terms of Service. You acknowledge and agree that Essential Software & Design may terminate and/or suspend your access to any portion of the Services for any reason, including your failure to comply with these Terms of Service or any other guidelines and rules published by Essential Software & Design. Any such termination or suspension shall be at Essential Software & Design's sole discretion and may occur without prior notice, or any notice. Essential Software & Design further reserves the right to terminate or suspend any user's access to Essential Software & Design or to any portion of the Services for any conduct that Essential Software & Design, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Essential Software & Design or its parent, subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Essential Software & Design may terminate and/or suspend your access if it detects or has reason to suspect any breach of security or unauthorized use of your account.
Using Our Services
You understand that when using the Services, you will be exposed to content provided by third parties not under Essential Software & Design's control from a variety of sources ("Third-Party Submissions"), and that Essential Software & Design is not responsible for the accuracy, completeness, utility, safety, or the protection of intellectual property rights of or relating to such Third-Party Submissions. You further understand and acknowledge that you may be exposed to Third-Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Essential Software & Design, its parent, subsidiaries, affiliates and/or licensors with respect thereto, and agree to indemnify and hold Essential Software & Design, its parent, subsidiaries, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of our Services.
Copyright; Restrictions on Use
The material provided by ESND on the Services, including, without limitation, video, text, photos, data, information and graphics (the “Content”), is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights laws, and is owned by us or our licensors. Except as expressly permitted in writing from ESND, as indicated below, the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors, and you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms.
Permission to use Content is granted on a case-by-case basis. Please see the reprints and permissions page for more information.
You may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any Content, materials, or databases from our network or systems. You may not sell, sublicense, or redistribute Content or our software applications or incorporate them (or any portion of them) into another product. You may not reverse- engineer, decompile, or disassemble the software applications or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or our networks. You may not modify, adapt, or create derivative works from the software applications or remove proprietary notices therein.
Copyright and Trademark Rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third-Party Submissions that we reasonably believe may violate copyright law, suspending access to the Services (or any portion thereof) from any user who uses the Services in apparent violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in apparent violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of alleged copyright infringement and for addressing such allegations. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
Essential Software & Design
9A Hickory Road
Port Washington NY 11050
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used improperly or without authorization on the Services, the owner or an agent of the owner may notify us. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
We may provide links to other sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other sites or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS OR VERACITY OF ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER SITE OR INTERNET RESOURCE.
No Investment Advice
The Content on our Services is not:
investment, tax, or legal advice under financial services laws or otherwise;
a recommendation of any financial instrument, investment, or product, including those discussed on the Services.
Essential Software & Design does not provide investment advice or recommendations to buy or sell securities. Any offer of trading advice or services on our website is not from us. You are encouraged to report any such communication to us through the feedback link at the bottom of this page.
About our Third-Party Submissions
We own all rights, title, and interests in any compilation, collective work, or other derivative work created by us using or incorporating any portion of Your Submissions (but not in Your Submissions). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, fully paid, royalty-free, perpetual right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works from, and syndicate Your Submissions in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section will survive the termination of these Terms of Service.
All content and materials provided by Essential Software & Design on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED "AS IS," AND YOUR USE OR RELIANCE ON SUCH MATERIALS IS SOLELY AT YOUR OWN RISK.
Code of Conduct
In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree to all of the following:
The Services are for personal use only.
You are responsible for all activity that occurs under your Username.
You are solely responsible for your conduct and any material that you submit, post, and display on the Service, or that you allow others to submit, post, and/or display on the Service under your Username.
You will not harass, threaten, impersonate, or intimidate other Essential Software & Design users.
You will not upload, post, e-mail, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You will not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, affiliate links, or any other form of solicitation.
You will not transmit any worms, viruses, or any code of a destructive nature.
You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You will not use the Services for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
You will not create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Services.
You will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to post the material and grant Essential Software & Design all of the license rights granted herein.
You shall be solely responsible for Your Submissions and the consequences of posting or publishing them.
You will not use the Services if you are under 13 years of age.
You will obtain your parent’s or legal guardian’s permission to use the Services if you are a minor.
Essential Software & Design reserves the right, but not the obligation, to monitor reject, or remove any of Your Submissions, and/or to restrict, suspend, or terminate your access to all or any part of Essential Software & Design at any time, for any or no reason, without prior notice or warning, and without liability.
Additional Information about our Terms of Service Warranty Disclaimer
The information, software, products, and services included in, or available through, the Services are continually being updated and upgraded. Essential Software & Design does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, OUR SERVICES ARE PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. Essential Software & Design EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR THEIR CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
The information and other materials included on our Services may contain inaccuracies and typographical errors. Essential Software & Design does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through our Services (including, without limitation, the information provided through the use of any software or any Third-Party Submissions). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Essential Software & Design reserves the right, at its sole discretion, to correct any errors or omissions in any part of our Services and to make changes to our Services and to the materials, products, programs, services, or prices described in our Services at any time without notice.
Essential Software & Design does not warrant that the functions contained in our Services will be uninterrupted or error-free, that defects will be corrected, or that our Services or the servers that makes them available are free of viruses or bugs. Essential Software & Design does not warrant the full functionality, accuracy, or reliability of any material delivered by our Services. Essential Software & Design may terminate, change, suspend or discontinue any aspect of our Services, including the availability of any feature with our Services, at any time without notice or liability.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Essential Software & Design AND/OR ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES , THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Essential Software & Design OR ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Services.
Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York.
Disputes arising from these Terms of Service or your use of the Services website shall be exclusively subject to the jurisdiction of the courts of New York. Any cause of action you may have with respect to your use of our Services must be commenced within one (1) year after the claim or cause of action arises.
Essential Software & Design makes no representation that materials on our Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents or such access are illegal is strictly prohibited. If you access our Services from a location outside of the United States, you are responsible for compliance with all local laws.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Modifications to Terms
We may, in our sole and absolute discretion, change these Terms of Service from time to time. We will post such changes on the Services. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the Services
We reserve the right to modify or discontinue all or any aspect of the Services without notice to you. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES OF ANY KIND ARISING FROM Essential Software & Design’S EXERCISE OF ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.
These Terms of Service, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (e.g., terms specific to a site within the Essential Software & Design website or network or relating to the payment of fees for certain Services content or services), constitute the entire, exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms of Service and terms of a specific Service, these Terms shall govern.
You may contact us as follows: