EDEN NETWORKS
Terms of Service
The Products provided through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. "Eden Networks Co.,Ltd." reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, "Eden Networks Co.,Ltd." grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).
1.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and game play enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
1.4 Modification
"Eden Networks Co.,Ltd." reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that "Eden Networks Co.,Ltd." will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Apps or any part thereof.
1.5 Ads
When you use an App, it may display ads. During game play, banner and/or interstitial ads may be displayed.
2. Termination
2.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
2.2 Notwithstanding the forgoing, if you used any App prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any App (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement.
2.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, "Eden Networks Co.,Ltd." reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to "Eden Networks Co.,Ltd." by the copyright owner or the copyright ownerʼs legal agent.
2.4 Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. "Eden Networks Co.,Ltd." will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2.4, 3, 4, 5, 6, 7, and 8.
3. Indemnity
You agree to defend, indemnify and hold harmless "Eden Networks Co.,Ltd." (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneysʼ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. "Eden Networks Co.,Ltd." reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify "Eden Networks Co.,Ltd." and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of "Eden Networks Co.,Ltd.". "Eden Networks Co.,Ltd." will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Third Parties
4.1 Application Stores.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that
this Agreement is between you and "Eden Networks Co.,Ltd." and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Storeʼs terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
4.2 Third Party Services
"Eden Networks Co.,Ltd." may permit certain third party applications (like leader boards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, "Eden Networks Co.,Ltd." will share information with the Third Party Service as described in the "Eden Networks" Privacy Policy. "Eden Networks Co.,Ltd." has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third partyʼs terms and policies apply, including the third partyʼs privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.
5. Disclaimers
5.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND "EDEN NETWORKS CO.,LTD." (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. "EDEN NETWORKS CO.,LTD." (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
5.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability
6.1 IN NO EVENT SHALL "EDEN NETWORKS.,CO.LTD." (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR "EDEN NETWORKS CO.,LTD."ʼS PRIVACY PRACTICES, ANY APP, EVEN IF "EDEN NETWORKS CO.,LTD." HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, "EDEN NETWORKS CO.,LTD."ʼS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR "EDEN NETWORKS CO.,LTD."ʼS PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID "EDEN NETWORKS CO.,LTD." IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL "EDEN NETWORKS CO.,LTD."ʼS SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. "Eden Networks Co.,Ltd." may revise the pricing for the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT "EDEN NETWORKS CO.,LTD." IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP
8. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
Any notice provided to "Eden Networks Co.,Ltd." pursuant to this Agreement should be sent to the email present on the app.
This Agreement is the final, complete and exclusive agreement of you and "Eden Networks Co.,Ltd." with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word including means including without limitation. Your relationship to "Eden Networks Co.,Ltd." is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without "Eden Networks Co.,Ltd."ʼs prior written consent, and any attempted assignment in violation of the foregoing will be null and void. "Eden Networks Co.,Ltd." may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.