TERMS & CONDITIONS OF SERVICES
Eden App Inc. and Eden Pro a subsidiary of Eden App Inc. – Terms & Conditions of Service – Last updated May 14, 2017.
When you use our Services, you upload (and access) product content and information including text, specifications, images, spreadsheets, videos, names and email addresses, and other information (“Content”) , including those that allow you to curate and share content with other Eden users, as well as message other Eden users. Content includes all information made available to you or by you and populated on Eden. Your Content still belongs to you. These Terms do not give us any ownership to your Content except for the limited rights that enable us to promote and market the Eden service and platform or other Services by Eden. You are solely responsible for any Content that you submit to, transmit via or access through our Services. When you engage Eden for paid professional services, you agree to and authorize Eden to log into your account and perform the professional services for the period of the engagement.
We take pride in the professionalism of our business, as we are sure you do as well. We may in our sole discretion, edit, remove or delete any Content that you post or submit that Eden determines violates our User Conduct Policy. We have no obligation to monitor the use of the Services, however, you agree that Eden reserves the right to monitor the Services electronically (including but not limited to Content, messaging, and profile information) to ensure there is no abuse of the Services and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Services or to protect itself or others. Please be aware that some Content available with or through our Services may not be accurate or comply with applicable laws. You understand that neither Eden nor any of its affiliates attempt to censor or monitor any such Content. Eden and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content and/or our Services.
You are responsible for your conduct, your Content and you agree to comply with our User Conduct Policy. Content uploaded to and available through our Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right, have been given permission or have been invited to do so. By submitting any Content or information to our Services, you automatically represent and warrant that you have the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such Content in any form anywhere in the world. You are solely responsible for any Content that you submit to, or share via our Services.
Eden is not responsible for the Content users post and share via the Services. Eden does not assume any responsibility for your acts or omissions, including, without limitation, responsibility for any changes to information or Content you access or post via the Services, or that you engage Eden to do on your behalf. Furthermore, Eden has no responsibility or liability for permanently maintaining copies of the Content on its servers, and you agree to be solely responsible for regularly backing up your Content using methods not involving use of our Services.
You are solely responsible for your interactions with other users of our Services. You agree not to use our Services for any purpose that is unlawful or prohibited by the Terms. Use of our Services is with Eden’s permission, which may be revoked at any time should Eden determine, in its sole discretion, that you have violated these Terms and/or have abused the Services.
Use of Services
Subject to your compliance with these Terms, Eden grants you a limited, non-exclusive, non-assignable, revocable worldwide right to use our Services. You acknowledge that certain third party or open source code may be provided with the Services and that the license terms accompanying that code will govern its use.
All rights not expressly granted to you are reserved by Eden. You specifically agree that you will not, nor will you assist or permit another person or party to:
sublicense, lease, rent, loan, transfer or distribute any portion of the Services;
modify, adapt, translate or create derivative works from the Services;
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services; or
remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Services or on the edenapp.com or edenpro.com websites.
Our Intellectual Property
Our Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title or interest in the Services, others’ Content available via the Services, Eden trademarks, logos and other brand features. You acknowledge that Eden or third parties own all rights, title and interest in and to the code and the Services, including all intellectual property rights. Except for the usage right granted under these Terms, Eden and its licensors retain all rights in the software code and Services, and no implied licenses are granted to you.
Eden does not own any data, information or material that you or others submit or access in the course of using the Services (“Uploaded Data”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded Data that you submit. Eden is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.
You are fully liable for the legality of all Uploaded Data stored by you and content of messages sent by you through the Services. Furthermore you are fully liable if such Uploaded data infringes upon third party rights, and accordingly, you agree to fully indemnify Eden for all claims and losses related to such infringement and/or illegality.
If Eden becomes aware that any of your Uploaded Data is in violation of any law or infringes third party rights, Eden reserves the right to delete or disable Content alleged to be infringing, and immediately suspend access or terminate accounts of repeat offenders. At our option, we may notify you of any such action.
Copyright Notice Policy
We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We take the protection of the intellectual property of others very seriously. If you suspect or allege copyright infringement of certain content available via our Services, please notify us at firstname.lastname@example.org.
Accounts Fees & Payment
Eden wants to work with you to be able to curate and share your Content for free. Any of our Services that are provided to you for free or for a fee are provided for the term detailed when you register for your user account, or for the term detailed in your contract. The scope and activities of any of our paid professional services are defined in the service offering you purchase and expire at the end of the term detailed therein. Eden may permit you to participate in some, but not all, of the features and functionality available via the Services, and/or require that you pay an additional subscription fee, professional services fee, or other one-time fees in order to access additional features and functionality, and for Eden professional services. Over time, if you decide to upgrade from a free account to a paying account to gain access to more features and functionality, we will bill you and your account will turn into a Paid Account. We’ll automatically bill you from the date you convert to or subscribe for a Paid Account and on each periodic renewal until you cancel your use of the Services under these Terms.
Fees: You agree to pay and authorize Eden to charge using your selected payment method for all applicable fees and taxes that we charge when required to do so. If you enroll in the monthly billing plan, we begin charging you on the date you subscribe for a monthly Paid Account and on each periodic renewal. If you enroll in the annual billing plan, we charge you on the date you subscribe for an annual Paid Account and on each periodic renewal , and all fees are non-refundable except as required by law. If you are purchasing any of our professional services or desire to purchase any other Eden one-time services or packages, we charge you on the date you place your order. You are responsible for providing complete and accurate billing and contact information to Eden. If you do not pay on time for your Paid Account or for other purchased services, we reserve the right to suspend your Eden account.
Auto Renewals and Trials: IF YOUR PAID ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, EDEN MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS YOU NOTIFY EDEN
IN WRITING THAT YOU WANT TO CANCEL OR DISABLE AUTO RENEWAL. Eden may revise fees charged for Paid Accounts, professional services and one-time purchases by providing you at least 30 days notice prior to the next charge. You may cancel your Eden Paid Account at any time but you will not be issued a refund for any prepaid amounts.
Termination & Suspension
While we will be disappointed to see you go, you are free to stop using our Services at any time. We reserve the right to suspend or end your access to Eden Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. With the exception of Paid Accounts, we reserve the right to terminate and delete your account if you have not visited Eden or accessed our Services for 6 (six) consecutive months. We’ll want you to come back, so naturally of course we will first provide you with notice via the email address associated with your account before we do so.
We constantly strive to deliver excellent service to our users. Periodically, we will have to restrict user access to some or all of the Services in order to perform maintenance (including the bug fixes and upgrades to software and/or hardware). Eden will endeavour to notify you of any change to our regularly scheduled maintenance window in advance. However, Eden reserves the right to conduct unscheduled maintenance without prior notice when necessary.
Disclaimer of Warranty
THE SERVICES PROVIDED BY EDEN ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. YOU ARE RESPONSIBLE FOR THE USE AND COMPATIBILITY OF THE SERVICES WITH ANY EQUIPMENT, SOFTWARE, SERVICES AND/OR OTHER MATERIALS NOT PROVIDED BY EDEN (“THIRD PARTY EQUIPMENT AND SERVICES”). EDEN DISCLAIMS ALL RESPONSIBILITY FOR DETERMINING COMPATIBILITY BETWEEN THE SERVICES AND ANY THIRD PARTY PROVIDED EQUIPMENT AND SERVICES.
EDEN DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN VIA THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. EDEN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTING DEVICE RELATED TO OR RESULTING FROM POSTING OR ACCESSING INFORMATION IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL EDEN OR ANY OF ITS AFFILIATES, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY CONTENT POSTED ON OUR SERVICES OR SHARED WITH OTHER USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES.
Terms & Conditions of Service
The entire risk as to the availability, quality and performance of the Services or any deliverable provided under these Terms rest solely with you. Further, neither Eden nor its affiliates warrant that any data or files uploaded by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, or that any content or other material accessible through the Services is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Services. EDEN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY PRODUCT INFORMATION, OR CONTENT PROVIDED THROUGH THE SERVICE AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EDEN AND ITS AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EDEN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20.00 OR THE AMOUNTS PAID BY YOU, IF ANY, TO EDEN FOR THE PAST 3 MONTHS OF THE SERVICES IN QUESTION.
You agree to indemnify and hold Eden, its affiliates, and its directors, officers, employees, agents and suppliers harmless from any claim, demand, action, damage, loss, cost, expense or liability including, without limitation, reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against Eden arising out of your use of the Services or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms by you. If you are obligated to provide indemnification, Eden will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Eden wishes to settle it, and if so, on what terms.
We want to address your concerns without needing a formal lawsuit. Before filing a legal claim against Eden, you agree to try to resolve the dispute informally by contacting email@example.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 working days of submission and with reasonable effort by you, you or Eden may bring a formal proceeding. You agree to only resolve disputes with us on an individual basis, and not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
These Terms and all policies referenced herein, constitute the entire agreement between you and Eden pertaining to the subject matter of these Terms, and supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Eden to insist upon or enforce any provision of these Terms is not a waiver of its right to do so later. If any provision contained in these Terms is determined to be unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Where any provision of these Terms conflicts with an applicable law, the law shall supersede these Terms only in respect of the conflicting provision. These Terms shall be governed by the applicable laws of the Province of Ontario and federal laws of Canada, and the parties hereby attorn to the courts in the City of Toronto, Province of Ontario in any legal dispute arising hereunder. Eden may assign its rights and obligations under these Terms to any affiliated entity without your prior written consent. If Eden is subject to a reorganization, merger, acquisition or sale of our assets, Eden may assign its rights and obligation under these Terms without your prior written consent. You may not assign or transfer these Terms.
Eden may modify these Terms from time to time without your consent or authorization, and will always post the most current version on our edenapp.com or edenpro.com websites. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on our website). You agree to periodically review the then-current Terms in order to be aware of any modifications and your continued use of the Services shall be deemed to be your acceptance of the modified Terms. If you do not agree to any modification of these Terms, you agree that you will be unable to use our Services. Any new features that augment or enhance the current Services, including the release of new features and functionality, shall be subject to these Terms. You agree to use the Services at your own risk and you understand that Eden is not responsible for any of the Content of messages, uploaded to, or accessible through the Services.
By using our Services, you agree to these Terms and the Privacy and User Conduct Policies. If you do not agree to these Terms and the Privacy and User Conduct Policies, then do not use our Services. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.
If you have any question or comments about these Terms or Policies, please contact us at firstname.lastname@example.org.
Welcome to Eden!
Eden – Your Privacy
To provide our Services, we collect and use the following information:
We collect and link with your user account various information which may include your name, email address, phone number, payment information, physical address, as well as those of your connections. When you use our Services, we store the content you upload, and we help you share it with other users. If during the use of our Services you provide us with access to your contacts, we store those contacts on our system. This will make it easier for you to do things like share your Content, send emails, and invite others to use the Services. We may collect information from and about the devices you and other users use to access the Services and Content. This may include IP addresses, the type of browser and device used, and identifiers associated with those devices. Your devices (depending on their settings) may also transmit location information to the Services.
Eden is always aiming to improve and protect our Services. With this in mind, we may use technologies like cookies and pixel tags. Cookies permit us to do things including remembering your username for your next visit, and follow how you use our Services. You always have the option of setting your browser to not accept cookies. We respect your privacy. Eden will not sell your personal information or those of your connections to third-parties.
We need to abide by the law. Eden may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Eden Services or our users; or (d) protect Eden’s intellectual property rights.
If Eden is subject to a reorganization, merger, acquisition or sale of our assets, your information and content may be transferred as part of that deal. We will notify you (via an email message to the email address associated with your account) of any such deal and present your options.
For any issues or complaints related to privacy concerns, please email us at email@example.com.
User Conduct Policy
Our User Conduct Policy is designed to preserve the essence of the Eden community. We may in our sole discretion, edit, remove or delete any Content that you post or submit that Eden determines violates our User Conduct Policy. We are proud of the professionalism and fairness of how our Company and its Services operate. You agree not to misuse Eden’s Services. Without limitation, you must not, and must not attempt to do the following:
Use the Services for any purpose that is unlawful or prohibited by the Terms;
Upload, publish, distribute, communicate or disseminate any obscene, offensive, sexually explicit, pornographic material or text, or content or text that advocates bigotry, religious, racial, ethnic, gender identity, disability or sexual-orientation hatred, or any unlawful material, or any counterfeit material;
Use the Services to publish or send any content or text that defames or causes any harm to another company, person, product or brand;
To create a false identity for the purpose of misleading others as to your identity;
To transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful programs;
To attempt to gain unauthorized access to uploaded Content and other accounts, through password mining or any other means;
For illegal gambling or betting;
To promote the illegal use of alcohol, firearms, prescription or illegal drugs or tobacco products and related paraphernalia;
Use means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
Violate the law in any way including uploading, storing, publishing or sharing material that is fraudulent, defamatory, misleading, false, hateful or that violates the privacy or infringes the rights of others.
As part of the registration process for our Services, you will select or be provided with a username and password. You are solely and fully responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to (i) immediately notify Eden of any unauthorized use of your username and password or any other breach of security and (ii) ensure that you log off from your account at the end of each session. Eden cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
By agreeing to accept our Terms of Service and related policies, you hereby represent and warrant to Eden that (i) that you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (iii) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, and (d) you own or otherwise have all rights necessary to upload, display and share the Content you submit on the Services and such use of your Content on the Eden Services will not infringe or violate the rights of any third party.
We welcome any feedback to help us improve the Services we can offer to our members. Eden and its affiliates may retain and use any feedback, comments or ideas conveyed by you relating to the Services. This information may be used to enhance our Services, with the goal of providing you with expanded functionality and better service. If you provide us with any feedback, you represent and warrant that you have the necessary right and authority to provide such feedback to us and that such feedback is not confidential or proprietary information of you or any other person. You understand that you will not receive any compensation if we incorporate your feedback in our offerings. We may assign the right to use your feedback to any affiliate or successor.
For any user feedback including suggestions to expand or improve our Services, issues related to privacy concerns, suspected copyright infringement or other misuse of the Services, please email us at firstname.lastname@example.org.