Terms of service
You are responsible for any Internet connection fees that you incur when accessing the Service.
Any modification to the Overall Terms shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
2. PRIVACY & DATA COLLECTION
You understand, acknowledge and agree that public communications on EDEN GAMES SERVICES, including www.edengames.com are not private or confidential, and may be viewed and used by others accessing the EDEN GAMES SERVICES.
A. Opening & Maintaining Account
While some EDEN GAMES SERVICES may be generally accessed by the public, the use of certain EDEN GAMES SERVICES requires you to create an account (the “Account”). If you have questions about registration for an Account, please contact us at firstname.lastname@example.org
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Overall Terms.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify EDEN GAMES by emailing email@example.com.
B. CONSENT TO MONITOR
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any EDEN GAMES SERVICE or EDEN GAMES Software which may in the future be provided by us or on our behalf. You expressly permit EDEN GAMES to upload hardware and configuration information from your device to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the Overall Terms without prior notice to the user(s) linked to such unauthorized third party program.
C. Termination of EDEN GAMES Account & Services by EDEN GAMES
In addition, EDEN GAMES reserves the right to terminate any EDEN GAMES SERVICE at any time by giving you notice of such termination within the time period specified when you joined the particular EDEN GAMES SERVICE, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable EDEN GAMES SERVICE.
D. Cancellation of a EDEN GAMES Account by you
EDEN GAMES reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a EDEN GAMES SERVICE. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with EDEN GAMES SERVICES must be settled before you establish a new EDEN GAMES Account.
4. CHARGES & BILLING
Some EDEN GAMES SERVICES require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these Services. EDEN GAMES reserves the right to change its prices, fees, or billing methods at any time.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
A. Payment Options and Information
You may make payment using the methods available for the particular EDEN GAMES SERVICE and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by EDEN GAMES SERVICE. When you provide credit card or other payment information to EDEN GAMES, you represent to EDEN GAMES that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. EDEN GAMES does not receive any confidential payment data from its payment providers, and EDEN GAMES is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Customers who use a payment method other than credit card may incur an additional payment processing fee. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. EDEN GAMES reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Virtual Goods
You agree that EDEN GAMES reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to characters, accessories, items such as “character customization”, points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain the property of EDEN GAMES. You acknowledge that EDEN GAMES may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the Overall Terms, and are not redeemable for any sum of money or monetary value from EDEN GAMES at any time.
5. INTELLECTUAL PROPERTY
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from EDEN GAMES or its licensors (“EDEN GAMES Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the game. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
EDEN GAMES reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in EDEN GAMES’ sole and final discretion. To the maximum extent permitted by applicable law, EDEN GAMES does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
B. EDEN GAMES Ownership
Content in EDEN GAMES SERVICES is owned by EDEN GAMES or EDEN GAMES’ third party licensors and is protected by International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an EDEN GAMES SERVICE unless our terms expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. EDEN GAMES reserves all rights in EDEN GAMES owned and licensed Content that are not expressly granted to you in Overall Terms. You acknowledge that EDEN GAMES and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on EDEN GAMES SERVICES may result in the termination of your Account(s), prohibition on use of EDEN GAMES SERVICES, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless EDEN GAMES from any unauthorized or illegal conduct by you, or through the use of your Account, on EDEN GAMES SERVICES.
C. Limited Use License
From time to time, EDEN GAMES may provide you with updates or modifications to EDEN GAMES Software. You understand that certain updates and modifications may be required in order to continue the use of EDEN GAMES Software and EDEN GAMES SERVICES.
6. DISCLAIMERS & INDEMNIFICATION
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER EDEN GAMES SERVICES, EDEN GAMES SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EDEN GAMES SERVICES, EDEN GAMES SOFTWARE, EDEN GAMES’ PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. EDEN GAMES PROVIDES EDEN GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE EDEN GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EDEN GAMES WILL HAVE ADEQUATE CAPACITY FOR EDEN GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE EDEN GAMES SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE EDEN GAMES SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EDEN GAMES OR ITS LICENSORS IS TO STOP USING EDEN GAMES SERVICES, AND TO CANCEL YOUR EDEN GAMES ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EDEN GAMES, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY EDEN GAMES SERVICES OR USE OF EDEN GAMES SOFTWARE. IN NO CASE SHALL EDEN GAMES OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “EDEN GAMES AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EDEN GAMES FOR EDEN GAMES SERVICES. IN NO CASE SHALL EDEN GAMES OR EDEN GAMES AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF EDEN GAMES SERVICES, EDEN GAMES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EDEN GAMES SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, EDEN GAMES’ AND EDEN GAMES AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. EDEN GAMES DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EDEN GAMES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EDEN GAMES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to EDEN GAMES in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: EDEN GAMES MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EDEN GAMES SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. EDEN GAMES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
7. DISPUTE RESOLUTION
A. Equitable Remedies
B. Informal Negotiations
C. Formal Dispute Resolution
If you and EDEN GAMES are unable to resolve a Dispute through informal negotiations, either you or EDEN GAMES may elect to have the Dispute finally and exclusively resolved by the French court.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and EDEN GAMES may terminate this Agreement at any time for any reason or for no reason. Termination by EDEN GAMES will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Service, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying EDEN GAMES at firstname.lastname@example.org. Upon termination of this Agreement, your right to use the EDEN GAMES SERVICES shall immediately cease. The following provisions shall survive any termination of this Agreement.
9. GENERAL TERMS
E. Force Majeure.
EDEN GAMES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of EDEN GAMES, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond EDEN GAMES’ control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
G. Entire Agreement.