2. Eligibility. You must be at least 18 years of age to create an account on Eden and use the Service. By creating an account and using the Service, you represent and warrant that: • you can form a binding contract with Eden, • you are not a person who is barred from using the Ser-vice under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Des-ignated Nationals or face any other similar prohibition, • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and • you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
4. Eden Stacks. Through Eden Stacks, you can select photos from your mo-bile device to create your own card stack to share with your contacts. Contacts who have Eden Stacks will be able to vote on the photos by swiping right, swiping left or using the voting buttons.
5. Modifying the Service and Termination. Eden is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhance-ments from time to time as well as remove some features, and if these actions do not materially affect your rights or ob-ligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating cir-cumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Eden may terminate your ac-count at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the fol-lowing provisions will still apply to you and Eden: Section 5, Section 6, and Sections 13 through 20.
6. Safety; Your Interactions with Other Users. Though Eden strives to encourage a respectful user experi-ence through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all inter-actions with other users, particularly if you decide to com-municate off the Service or meet in person. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT Eden DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE IN-TO THE BACKGROUND OF ITS USERS. Eden MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. Eden RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE Eden MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
7. Rights Eden Grants You. Eden grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s bene-fits as intended by Eden and permitted by this Agreement. Therefore, you agree not to: • use the Service or any content contained in the Service for any commercial purposes without our written con-sent. • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copy-righted material, images, trademarks, trade names, ser-vice marks, or other intellectual property, content or proprietary information accessible through the Service without Eden prior written consent. • express or imply that any statements you make are en-dorsed by Eden. • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, re-trieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. • use the Service in any way that could interfere with, dis-rupt or negatively affect the Service or the servers or networks connected to the Service. • upload viruses or other malicious code or otherwise compromise the security of the Service. • forge headers or otherwise manipulate identifiers in or-der to disguise the origin of any information transmitted to or through the Service. • “frame” or “mirror” any part of the Service without Eden prior written authorization. • use meta tags or code or other devices containing any reference to Eden or the Service (or any trademark, trade name, service mark, logo or slogan of Eden) to di-rect any person to any other website for any purpose. • modify, adapt, sublicense, translate, sell, reverse engi-neer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so. • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent. • use, access, or publish the Eden application program-ming interface without our written consent. • probe, scan or test the vulnerability of our Service or any system or network. • encourage or promote any activity that violates this Agreement. The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically down-load and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
8. Rights you Grant Eden. By creating an account, you grant to Eden a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, pub-lish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Eden license to your Content shall be non-exclusive, except that Eden license shall be exclusive with respect to derivative works created through use of the Ser-vice. For example, Eden would have an exclusive license to screenshots of the Service that include your Content. In ad-dition, so that Eden can prevent the use of your Content out-side of the Service, you authorize Eden to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly in-cludes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Con-tent is subject to your rights under applicable law (for exam-ple laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person vis-iting or participating in the Service (such as individuals who may receive shared Content from other Eden users). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Eden above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment vi-olates this Agreement or may harm the reputation of the Service. When communicating with our customer care representa-tives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representa-tives or other employees is at any time threatening or offen-sive, we reserve the right to immediately terminate your ac-count. In consideration for Eden allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting sugges-tions or feedback to Eden regarding our Services, you agree that Eden may use and share such feedback for any pur-pose without compensating you. You agree that Eden may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Compa-ny or any other person.
9. Community Rules. By using the Service, you agree that you will not: • use the Service for any purpose that is illegal or prohib-ited by this Agreement. • use the Service for any harmful or nefarious purpose • use the Service in order to damage Eden • violate our Community Guidelines, as updated from time to time. • spam, solicit money from or defraud any users. • impersonate any person or entity or post any images of another person without his or her permission. • bully, “stalk,” intimidate, assault, harass, mistreat or de-fame any person. • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. • post any Content that is hate speech, threatening, sex-ually explicit or pornographic; incites violence; or con-tains nudity or graphic or gratuitous violence. • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or indi-vidual. • solicit passwords for any purpose, or personal identify-ing information for commercial or unlawful purposes from other users or disseminate another person’s per-sonal information without his or her permission. • use another user’s account. • create another account if we have already terminated your account, unless you have our permission. Eden reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have vio-lated this Agreement, misused the Service or behaved in a way that Eden regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
10. Other Users’ Content. Although Eden reserves the right to review and remove Con-tent that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Eden cannot guarantee that all Content will comply with this Agreement.
11. Purchases. In App Purchases.If you choose to make an in app pur-chase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accord-ance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app pur-chase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent sub-scription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to re-new automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Eden application from your device. Deleting your account on Eden or deleting the Eden application from your device does not cancel your subscription; Eden will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account. Eden Online Purchases. If you choose to make a purchase through Eden Online, you agree to pay Eden all charges at the prices displayed to you for the services you’ve selected as well as any sales or simi-lar taxes that may be imposed on your payments, and you authorize Eden to charge your chosen payment provider (your “Payment Method”). Eden may correct any billing er-rors or mistakes that it makes even if it has already request-ed or received payment. If you initiate a chargeback or oth-erwise reverse a payment made with your Payment Method, Eden may terminate your account immediately in its sole discretion. If you purchase a subscription through Eden Online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you can-cel. You agree that your account will be subject to this auto-matic renewal feature. If you do not wish your account to re-new automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Eden Online and follow the instructions. If you cancel your sub-scription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. You may edit your Payment Method information by visiting Eden Online and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method infor-mation or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as pro-vided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial in-stitution, credit card issuer or other provider of your chosen Payment Method. Super Likes and Other Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable li-cense to use “virtual items,” including but not limited to Su-per Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored val-ue, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will ter-minate in accordance with the terms of this Agreement, when Eden ceases providing the Service or your account is otherwise closed or terminated. Eden, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Eden may manage, regulate, control, modify or eliminate Virtual Items at any time. Eden shall have no li-ability to you or any third party in the event that Eden exer-cises any such rights. The transfer of Virtual Items is prohib-ited, and you shall not sell, redeem or otherwise transfer Vir-tual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Eden that commences immediately upon the ac-ceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT Eden IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPEN-SATION FOR UNUSED VIRTUAL ITEMS WHEN AN AC-COUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Refunds. Generally, all charges for purchases are nonre-fundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Eden. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transac-tion and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Eden Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by log-ging in to Google Wallet) or Eden Online (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associ-ated with your account along with your order number.
12. Notice and Procedure for Making Claims of Copyright In-fringement. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following infor-mation: • an electronic or physical signature of the person author-ized to act on behalf of the owner of the copyright inter-est; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is in-fringing is located on the Service (and such description must be reasonably sufficient to enable us to find the al-leged infringing material); • your contact information, including address, telephone number and email address; • a written statement by you that you have a good faith belief that the disputed use is not authorized by the cop-yright owner, its agent, or the law; and • 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. Eden will terminate the accounts of repeat infringers.
13. Disclaimers. Eden PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (IN-CLUDING ALL CONTENT CONTAINED THEREIN), IN-CLUDING, WITHOUT LIMITATION, ANY IMPLIED WAR-RANTIES OF SATISFACTORY QUALITY, MERCHANTA-BILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Eden DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTER-RUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE AC-CURATE. Eden TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SER-VICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
14. Third Party Services. The Service may contain advertisements and promotions of-fered by third parties and links to other web sites or re-sources. Eden is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their rela-tionship with you. Eden is not responsible or liable for such third parties’ terms or actions.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Eden, ITS AFFILIATES, EM-PLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEM-PLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAG-ES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDI-RECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO AC-CESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Eden HAS BEEN AD-VISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Eden AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Eden FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLU-SION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. Arbitration, Class-Action Waiver, and Jury Waiver. Except for users residing within the EU or European Eco-nomic Area and elsewhere where prohibited by applicable law: A The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitra-tion Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent juris-diction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. B By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or de-fend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEED-ING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbi-trator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceed-ings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitra-tor are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. C Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. D This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be gov-erned by the Federal Arbitration Act. E The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Eden does not take part in dispute settlement proce-dures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
17. Governing Law. For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the fore-going, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act. For the avoid-ance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
18. Venue. Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of compe-tent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Eden that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Eden consent to the exer-cise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconven-ient forum.
19. Indemnity by You. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Eden, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, de-mands, claims, damages, losses, costs, liabilities and ex-penses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.