|Terms of Use

The Eternal Eve website is owned and operated by The Clever Olive Proprietary Limited (ABN 46 160 926 349) (“ETERNAL EVE”) of Queensland Australia.  Eternal Eve also operates on all mobile devices (“Other Platforms”)

The Eternal Eve website and the Other Platforms are referred to throughout these Terms and Conditions as the “Website”.

Your access to and use of the Website is subject to these Terms and Conditions and any other terms and conditions, notices or disclaimers contained on the Website.  In the event of any inconsistency between these Terms and Conditions and any other terms and conditions, notices or disclaimers contained on the Website the provisions of these Terms and Conditions shall prevail but only to the extent of such inconsistency.

These terms and conditions govern your use of the Website; by using the Website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Website, following the posting of changes to these Terms and Conditions will mean you accept those changes.

The Restrictions of Use of Website Material

Copyright

All right, title and interest (including copyright) in all information including:

a)    text

b)    material

c)    designs

d)    logos

e)    insignia

f)     audio or video excerpts

g)    graphics and other images

h)   computer programs

i)     code (including HTML)

j)      URLs

k)    Advertisements

l)     Photographs

m)  Illustrations

n)   other works or subject matter

are (“Material”) provided by ETERNAL EVE on the Website and is owned by ETERNAL EVE or its licensors. You are granted the non-exclusive non-transferable limited right to use the Website and the Materials only in the manner set out in these Terms and Conditions. You may access and use the Website Material only for your personal and non-commercial use. Nothing in these Terms and Conditions or on the Website will grant you ownership of the Materials (or any intellectual property rights in them).

No Material may be:

a)    Copied

b)    Reproduced

c)    Modified

d)    Framed

e)    uploaded to a third party

f)     posed

g)    transmitted (including without limitation broadcast)

h)   communicated or otherwise made available to the public

i)     distributed

j)      linked to or otherwise used

except with the written consent of ETERNAL EVE or as expressly provided by these Terms and Conditions.  You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or Website Material in any way.

You must not use any spider, screen scraper, robot, or other automated similar software or device (“Prohibited Device”) to use or access the Website in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the content on or in relation to this Website without  ETERNAL EVE’s prior written consent.

You may, on the condition that all Website Material is in the same form as presented on the Website and you keep intact all copyright and other proprietary notices:

  1. view the Website and its contents using a web “browser”;
  2. save a single electronic copy of the Website Material for your personal, non-commercial use;
  3. print out a single copy of the Website Material for your own personal, non-commercial use; and
  4. download one copy of the Website Material on single computer for your personal, non-commercial use only.

You may not use or copy the Website Material other than as provided by these Terms and Conditions and, without limitation, you may not:

  1. transmit Website Material (whether by email or otherwise) to any third party;
  2. display the Website Material on any computer, system or network which permits electronic access to the Website Material by more than one user at a time;
  3. modify , merge, adapt or translate Website Material;
  4. use, sell, assign, rent, sub-licence or otherwise deal in the Website Material except as permitted by these Terms and Conditions; or
  5. copy any Website Material on any website operated by yourself or any third party.

The general restrictions listed here may be excluded by ETERNAL EVE by written provisions in the Website to allow for the use by you of certain Material in social media, for example, the creation of a hyperlink to the Website from Facebook.

Modification of the Material or use of the Material for any purpose other than those set out above is a violation of the copyright and/or other proprietary rights of ETERNAL EVE or its licensors.

Trademarks

Unless otherwise stated, all trademarks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to ETERNAL EVE it’s related bodies corporate, third party suppliers or licensors. You must not use such trademarks, service marks or trade names except for printing out a single copy of the website for your personal, non-commercial use; or otherwise with the written consent of ETERNAL EVE.

User Material

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ETERNAL EVE a worldwide, irrevocable, non-exclusive, royalty-free license to:

a)     use

b)     reproduce

c)      adapt

d)     publish

e)     translate

f)       distribute

your user content in any existing or future media. You also grant to ETERNAL EVE the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not:

a)    be illegal or unlawful

b)    must not infringe any third party’s legal rights

c)    and must not be capable of giving rise to legal action whether against you or ETERNAL EVE or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ETERNAL EVE reserves the right to edit or remove any material submitted to this website, or stored on ETERNAL EVE’s servers, or hosted or published upon this website.

Notwithstanding ETERNAL EVE’s rights under these terms and conditions in relation to user content, ETERNAL EVE does not undertake to monitor the submission of such content to, or the publication of such content on the Website.

No Warrenties

This website is provided “as is” without any representations or warranties, express or implied. ETERNAL EVE makes no representations or warranties in relation to the Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, ETERNAL EVE does not warrant that the Website will be constantly available, or available at all; or the information on the Website is complete, true, accurate or non-misleading.

Disclosure of Personal Information to Third Parties

We reserve the right to disclose the following personal information to third parties including retailers:

a)    your name

b)    your location,

c)    your photograph,

d)    the number of friends you have and their names

e)    and your email address (“Personal Information”)

We reserve the right to disclose the identity or other information relating to anyone who has established a User Account if required by law.

Retailers Vouchers

Retailers located in Australia may offer gift vouchers (“Vouchers”) to Users. If you have been awarded a Voucher, you will be notified by email received from Eternal Eve (ETERNAL EVE) . You acknowledge that the Vouchers are not redeemable for cash and cannot be used for payment of credit. ETERNAL EVE does not guarantee that any Users will receive a Voucher.

Disclaimer, Limitation of Liability and Indemnity

ETERNAL EVE and its licensors do not:

  1. make any representation or warranty as to the reliability, accuracy or completeness of any Website or Website Material
  2. do not accept any responsibility arising in relation to errors in, or omissions from the Website or Website Material.

The inclusion of any advertising or other information or Material on any page of the Website which promotes products or services to be supplied by a party other than ETERNAL EVE does not imply that ETERNAL EVE endorses or recommends any such party, product or services.

To the fullest extent permitted by law, ETERNAL EVE will not be liable in any way for any loss or damage suffered by you through your use of the Website (including the Website Materials, the User Materials and the Vouchers) or otherwise as a result of ETERNAL EVE providing the services available on the Website. Except as provided for by law:

  1. All Website Material is provided “as is” and without warranties of any kind, either express or implied;
  2. ETERNAL EVE disclaims to the fullest extent permitted by law all express and implied warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose;
  3. ETERNAL EVE does not warrant that the functions contained in any Website Material or other Material will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Website or any other website, software, system or equipment of such users or of any other party;
  4. ETERNAL EVE does not warrant or make any representations regarding your access to, or the results of your access to Website including any related or linked web sites, or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you. Under no circumstances (including but not limited to any act or omission on the part of ETERNAL EVE) will ETERNAL EVE be liable for any indirect, incidental or, special and/or consequential damage or loss of profits whatsoever which result from any use or access of, or any inability to use or access the Website or any Website Material or User Material.

You expressly acknowledge and agree that ETERNAL EVE does not exert control over users of the Website and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

Indemnity

You agree to indemnify and keep indemnified ETERNAL EVE from and against any costs, loss, liability, claim or damage which ETERNAL EVE incurs or suffers as a result of any default by you in respect of these Terms and Conditions or of any act or omission by you in connection with your use of the Website, including without limitation the Website Material and the User Material.

Links to/from Third Party Websites

The Website contains links to websites which are not operated by ETERNAL EVE. Although ETERNAL EVE has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites. These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk. The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, ETERNAL EVE explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites.

ETERNAL EVE encourages discretion when browsing the Internet using its or anyone else’s service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.

ETERNAL EVE cannot be held responsible for the accuracy, copyright compliance, legality, or decency of any Material contained on third-party websites, and you hereby irrevocably waive any claim against us with respect to such sites.

ETERNAL EVE does not endorse any of the merchandise or services offered on any website which is not operated by ETERNAL EVE (including any website which is accessible through a link from the Website), nor has ETERNAL EVE taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. ETERNAL EVE cannot ensure that you will be satisfied with any products or services that you purchase from any website which is not operated by ETERNAL EVE.

ETERNAL EVE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) which you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

Termination

The right to access and use the Website granted by way of these Terms and Conditions is effective until terminated by either party. You may terminate such right under these Terms and Conditions at any time by destroying all Website Material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. Your right to access and use the Websites will terminate immediately without notice from ETERNAL EVE if in ETERNAL EVE’s sole opinion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all Website Materials and third party User Materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise. All other provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the termination of your right to access and use the Website (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of ETERNAL EVE) will survive termination.

 Jurisdictional Issues

Unless otherwise specified, the Website Material is presented solely for the purpose of creating an online social media game which will allow Users to collect and share their favourite services (including but not limited to beauty salons, hair salons, medical centres, alternative therapy centres) with their friends and to supply access to nominated service providers.  This site is controlled and operated by ETERNAL EVE from its office within Australia. ETERNAL EVE does not represent that the Website Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These terms and conditions will be governed and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and any courts of appeal from them for determining any dispute concerning these terms and conditions. If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms and conditions which will continue in full force and effect.

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