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These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, ebooks, videos and audios (“Digital Content”).
1. LICENSES AND RESTRICTIONS
1.1 Licenses. edenebooks.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of edenebooks.com, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. edenebooks.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to edenebooks.com Services.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
- (a) modify, reproduce, copy, or resell from edenebooks.com products, the Content or any portion or derivative thereof;
- (b) commercially use edenebooks.com Services, the Content or any portion derivative thereof (unless User has a business relationship with edenebooks.com, in which case such commercial use will be governed by the terms applicable to such business relationship);
- (c) copy or download any User’s account or profile information for the benefit of any third party;
- (d) enable high volume, automated, electronic processes that apply to edenebooks.com Services or its systems, the Content or any portion or derivative thereof;
- (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index edenebooks.com Services or its systems, the Content or any portion or derivative thereof for any purpose;
- (f) interfere or attempt to interfere with the proper working of edenebooks.com Services;
- (g) bypass any measures used by edenebooks.com to prevent or restrict access to any portion of edenebooks.com Services, the Content or any portion or derivative thereof;
- (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of edenebooks.com
- (i) use edenebooks.com’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
- (j) compile, repackage, disseminate or otherwise use data extracted from edenebooks.com Services.
- The foregoing are expressly prohibited and the right to do any of the foregoing shall require edenebooks.com’s express written consent (which may include a written agreement signed by an authorized representative of edenebooks.com). Any unauthorized use of edenebooks.com Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by edenebooks.com.
edenebooks.com, or its parent, subsidiaries, or affiliates, or third parties from whom edenebooks.com has permission, own the trademarks or service marks that are used on edenebooks.com Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of edenebooks.com and its licensors may not be used without prior written consent of edenebooks.com or its licensor, as the case may be. Without limiting the foregoing, no edenebooks.com trademark or trade dress may be used in connection with any product or service that is not edenebooks.com’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits edenebooks.com.
3.1 Proprietary Rights. User acknowledges that edenebooks.com Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the copyright laws, and edenebooks.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on edenebooks.com Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the copyright laws , User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content. edenebooks.com is a distributor and not a publisher of Content supplied by third parties and Users. edenebooks.com has no editorial control over such Content. edenebooks.com is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of edenebooks.com or any edenebooks.com Provider, unless expressly stated otherwise. Neither edenebooks.com nor any edenebooks.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the edenebooks.com Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either edenebooks.com or any edenebooks.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through edenebooks.com Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through edenebooks.com.
4.1 Prices. The price for an item on edenebooks.com Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on edenebooks.com. If the price for the item on edenebooks.com is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of edenebooks.com may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped edenebooks.com. Any purchases from any third-party sellers on edenebooks.com may be subject to different policies in the event of an incorrectly priced item.
5. RISK OF LOSS
The risk of loss and title for all items purchased via edenebooks.com Services pass to the User upon delivery of the item to the carrier.
6. PRODUCT DESCRIPTION
The items offered for sale on edenebooks.com contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. edenebooks.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM edenebooks.com THAT IS NOT AS DESCRIBED IN edenebooks.com, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
7. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use edenebooks.com without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of edenebooks.com websites, we will remove that information as soon as possible.
8. TERMINATION OF USAGE
8.2 Restricted Users. In certain cases, in edenebooks.com’s sole discretion, edenebooks.com may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the edenebooks.com has been terminated, including the right to use, access or create any account thereon; (ii) that edenebooks.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
10. PASSWORD AND ACCOUNT SECURITY
10.1 Account Password. Every User that has an account for the edenebooks.com is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her edenebooks.com account using an old e-mail address, such User will not receive messages from edenebooks.com about his or her orders and inquiries or other matters.
10.2 Account Security. User accepts full responsibility for all activities that occur within such User’s edenebooks.com account or within edenebooks.com interactive community, whether or not authorized by the User.
11. INTERACTIVE COMMUNITY
11.1 Interactive Community Users. edenebooks.com offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 11, Interactive Community, applies to the activities of persons who are using the interactive features within edenebooks.com (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.
11.3 Right to Remove Profile or Terminate Access. edenebooks.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
11.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “Flag” feature on the page in question.
11.5 User Created Content.
- (a) Notwithstanding the foregoing, edenebooks.com assumes no responsibility for ongoing monitoring of the edenebooks.com or for removal or editing of any User Created Content, even after receiving notice. edenebooks.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
- (b) You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of edenebooks.com; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of edenebooks.com, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on edenebooks.com or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from edenebooks.com in order to harass, abuse, or harm another person or entity, or attempting to do the same.
- (c) Interactive Community Users may upload to or otherwise submit to edenebooks.com for distribution on edenebooks.com only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for edenebooks.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” edenebooks.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. edenebooks.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
- (d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, edenebooks.com, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to edenebooks.com retains any and all rights which may exist in such User Created Content.
User consents to electronic communications with edenebooks.com, whether addressed to the e-mail address associated with such User’s edenebooks.com account or posted on edenebooks.com. User acknowledges and agrees that any communication via e-mail or by postings on edenebooks.com satisfies any legal requirement that such communications be made in writing.