1. Proprietary Rights
2. Responsibility for Apple & Eve Content
3. Responsibility for Partners’ Content
Certain of our partners such as suppliers, health experts or sports celebrities may post or make available Content on our website. This may include health or nutrition related tips and advice. These partners may also share their life experience or their experience in connection with the use of our products. You understand that Apple & Eve is making this Content available to you for informational purposes only and that given that these partners are speaking under their own name and in light of their respective expertise, you acknowledge and agree that Apple & Eve does not endorse and is not responsible or liable for such partners’ Content, and that Apple & Eve is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such partners’ Content, advertising or products.
4. External Links
Our website may link to or provide links to other websites or content or resources. Apple & Eve has no control over such third party’s websites and resources. You acknowledge and agree that Apple & Eve is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Apple & Eve is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or advertising, products, or other materials on or available from such websites or resources.
5. Content License from You
Apple & Eve may make available a Web-based Message Board, which can be used by website users to post Content. When you send, submit, post or display Content through our website, you retain copyright and any other rights you already hold in such Content. By sending, submitting, posting or displaying any Content when using our website or through our website, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. You confirm and warrant to Apple & Eve that you have all the rights, power and authority necessary to grant the above license.
6. Responsibility for User Content
You understand that all Content, whether publicly posted or privately transmitted when sending, submitting or posting Content when using our website (such as when using the Web-based Message Board), is the sole responsibility of the person from which it originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via our website, for instance through the Web-based Message Board and for ensuring that all Content pertaining thereto are accurate and do not include misleading information and in no way infringe or violate anyone’s proprietary rights. More specifically, you agree that you will not use our website to:
- violate any laws or third party rights;
- upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation;
- impersonate any person or entity, including, but not limited to, an Apple & Eve official, falsely state or otherwise misrepresent your affiliation with a person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content that you post or transmit through our website;
- distribute viruses or any other technologies that may harm our website, or the interests or property of our website’s users;
- copy, modify, or distribute Content from our website and Apple & Eve’s copyrights and trademarks; or
- harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws.
7. Right to Remove or Disclose Content
8. Practices Limits Concerning Use of the Web-based Message Board
You acknowledge that Apple & Eve may establish general practices and limits concerning the use of the Web-based Message Board of its website, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the website, the maximum number of postings that may be uploaded by a user, the maximum size of any message that may be uploaded by a user, and the maximum number of times (and the maximum duration for which) you may access or use the Web-based Message Board in a given period of time. You further acknowledge that Apple & Eve reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Access to Media Information or other Content
Upon requesting access to certain Content available on our website such as Apple & Eve’s media information, you may be asked to identify yourself, provide contact information such as your email address and specify the purpose or intended use of the information. You agree to provide true, accurate, current and complete information about yourself as prompted by the website form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You agree to immediately notify Apple & Eve of any unauthorized use of your personal information or any other breach of security involving your information.
10. Termination of Use
11. Limitation of Liability
You will not hold Apple & Eve responsible for actions or inactions, which are made through our website or using our website. We cannot guarantee the secure access to our website, and operation of our website may be interfered with by numerous factors outside of our control. To the extent permitted by law, neither Apple & Eve nor any of its divisions, partners, directors, officers, employees, agents, successors or assigns shall be liable for any damages whatsoever arising out of or related to access to, or use of, this website, including, without limitation, liability for direct, indirect, special, incidental or consequential damages, whether or not Apple & Eve was advised, knew or should have known of the possibility of such damages.
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE & EVE AND ITS LICENSORS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (EVEN IF APPLE & EVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY MATTER RELATING TO THE WEBSITE INCLUDING WITHOUT LIMITATION (I) ANY CHANGES WHICH APPLE & EVE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY OR STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OR OTHER USERS USE OF THE WEBSITE.
12. Release and Indemnity
14. No Agency
15. Law and Forum for Disputes
17. Changes to the User Agreement