Terms of Use

This website ("Site") is for the management of and access to a database of images by authorized employees and partners of Enfatico LLC ("Enfatico") and Dell Inc. ("Dell"). These Terms of Use set forth the terms and conditions by which authorized individuals may use the Site. By accessing or using this Site, you agree to the following terms and conditions. You should review these Terms of Use regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site. The Site may be made up of several individual server locations, identified by the addresses thedam.enfatico.com, wny.enfatico.com, wau.enfatico.com, wsg.enfatico.com, wbj.enfatico.com, wcp.enfatico.com, wdk.enfatico.com, xny.enfatico.com, xau.enfatico.com, xsg.enfatico.com, xbj.enfatico.com, xcp.enfatico.com and xdk.enfatico.com , or simply by the use of the title "TheDAM" or "The DAM" and Internet domain enfatico.com This server list may be updated at any time.

1. This Site is owned and operated by Enfatico and is solely for the use of certain Enfatico and Dell employees and other parties authorized in writing by Enfatico or Dell.

2. This Site, and all content on the Site, may only be used in connection with business conducted by Enfatico and Dell on behalf of Enfatico and Dell. You may not use this Site for any non-commercial purpose, give access to the Site to any third party without prior written approval of Enfatico or Dell or use the Site for purposes unrelated to Enfatico or Dell.

3. Enfatico or Dell shall issue individual IDs and passwords to all people who are permitted to access this Site. You are responsible for maintaining the confidentiality of your ID and your password. You may not disclose your ID and password to any other person, or provide access to the Site through your ID to any other person. Enfatico and Dell will assume that all activity under your ID is being taken by you alone. You agree to notify Enfatico of any unauthorized use of your registration or password.

4. If the Site is being accessed by a partner, vendor or any party other than an Enfatico or Dell employee, it is their obligation to immediately inform Enfatico or Dell in writing when one of their users who has been granted a login ID and password is fired, laid off, reassigned or voluntarily leaves their place of employment. This is critical in order to disable such ID and password to protect assets on the Site.

5. All materials, discussions and information on this Site are strictly confidential and may only be used by you in connection with performing authorized work for the benefit of Enfatico and Dell.

6. You are solely responsible for all content that you upload to the Site, including having the right to place the content on the Site and use it for the intended purposes. Accordingly, do not upload a photo or other content to the Site without the rights to do so.

7. Certain content on the Site may be made available by Enfatico or Dell for printing, emailing, downloading or other uses. However, you should not assume that content available on the Site is cleared for any particular use. Just because content is available on the Site, does not mean that it can be used for any purpose. Usage rights will be marked on the content as appropriate. Where such usage statements do not clearly approve the content for the purpose you intend, you must get written authorization, separate and apart from the Site or these Terms of Use, to use such content for your intended purpose(s). All content or materials that you produce, which includes content derived from the Site, is subject to the written approval of Enfatico and/or Dell before it may be released to any third party.

8. While Enfatico and Dell use reasonable efforts to include accurate and up-to-date information on this Site, Enfatico and Dell make no representations or warranties as to its accuracy. Enfatico and Dell assume no liability or responsibility for any errors or omissions in the content on the Site.

9. All content and information on this Site, including all intellectual property rights, is owned by Enfatico and Dell or their licensors, unless otherwise noted, and may only be used in accordance with the usage rights marked on the content, subject to the limitations of Section 7 of these Terms of Use.

10. We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on this Site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site.

11. Nothing in this agreement is intended to override any existing agreements or policies you may have with Enfatico and Dell or to which you are subject.

12. The content on this Site is provided "as is" and without warranties of any kind, either express or implied. Enfatico and Dell disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose. Enfatico and Dell shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, this Site. Enfatico and Dell make no warranties regarding security measures in connection with the Site.

13. From time to time, Enfatico and Dell may create new features, or monitor and review postings, images, transmissions and the like on the Site; however, Enfatico and Dell are under no obligation to do so and assume no responsibility or liability arising from the content of such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such locations on the Site. You are expressly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

14. This Site is controlled by Enfatico from their offices in the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. If you choose to access this Site from other jurisdictions, you do so on your own initiative and you are responsible for compliance with applicable local laws.

15. We may revise these terms and conditions by updating this posting. By accessing this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.