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Terms of Use

Terms of Use
EARTHFAVES AG

PLEASE READ CAREFULLY

Should you have any questions concerning this Agreement, you may contact us by sending an e-mail to info @ earthfaves.com.

This earthfaves AG Terms of Use Agreement (this Agreement) is a legal agreement between you and earthfaves AG (earthfaves, we, us or our) providing, among other things, the terms and conditions for your use of earthfaves' software products and services (collectively, the earthfaves Services), including our earthfaves Website http://www.earthfaves.com (the Site).

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.earthfaves.com/page/about-us/terms-of-use. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using earthfaves’ Services (as defined below). You will be deemed to have accepted the Agreement as amended if you continue to use any of the earthfaves’ Services after any amendments are posted on the Site.

1. AUTHORIZED USERS

1.1 Registration. To use the full aspect of the earthfaves Services, you are required to register and provide certain information, including a member or user name, a password and a valid email address (the Account Information). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate.

earthfaves AG will use your Account Information in accordance with its privacy policy, as described in Section 6 of this Agreement. You agree that you will not allow others to use any aspect of your Account Information. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. earthfaves AG will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless earthfaves AG, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

2. LICENSE TO EARTHFAVES SERVICES

2.1 License Granted.

User Type: Private.

earthfaves grants to you a limited, non-exclusive, non-transferable license to access and use the earthfaves Services for personal non-commercial purposes only (sign up as “private” user). Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the earthfaves Services. earthfaves reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE EARTHFAVES SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

User Type: Professional.

earthfaves grants to you a limited, non-exclusive, non-transferable license to access and use the earthfaves Services for commercial purposes (sign up as “professional user”). Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the earthfaves Services. earthfaves reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE EARTHFAVES SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates and Plug-ins. earthfaves may from time to time make available to all users, Updates or Plug-ins at no cost or subject to additional fees in earthfaves’ sole discretion.

Updates means any updates, upgrades or error corrections to the earthfaves Services that earthfaves makes available generally to users of the earthfaves Services.

Plug-ins means any options, features or additional software licensed separately from earthfaves that is designed to work in connection with the earthfaves Services.

Notwithstanding anything else contained in this Agreement, earthfaves will have no obligation to continue producing or releasing new versions of the earthfaves Services or any Updates or Plug-ins related thereto.

3. RESTRICTIONS

You agree that you will not:

3.1 write negative comments and recommendations in areas other than “suggestions for improvement”; earthfaves is a positive-recommendations-only platform.
3.2 use the earthfaves Services to reproduce copyrighted materials;
3.3 copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the earthfaves Services without permission;
3.4 provide your password to any other person;
3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the earthfaves Services or any portion of them without permission;
3.6 circumvent any technology used by earthfaves or its licensors to protect information accessible via the earthfaves Services;
3.7 rent, lease or sublicense any of the earthfaves Services without permission; or
3.8 use the earthfaves Services in any way that violates the terms of this Agreement.

4. YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the earthfaves Website.

4.1 The content on the earthfaves Website, except all User Entries (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to earthfaves, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. earthfaves reserves all rights not expressly granted in and to the Website and the Content.

4.2 You may access User Entries solely:

- for your information and personal use;
- as intended through the normal functionality of the earthfaves Services

4.3 User recommendations are made available to you for your information and personal use solely as intended through the normal functionality of the earthfaves Services. User recommendations are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the earthfaves Services or otherwise as prohibited under this Agreement.

4.4 You may access earthfaves Content, User Entries and other content only as permitted under this Agreement. earthfaves reserves all rights not expressly granted in and to the earthfaves Content and the earthfaves Services.

4.5 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Entries of third parties obtained through the Website for any commercial purposes.

4.6 You understand that when using the earthfaves Website, you will be exposed to User Entries from a variety of sources, and that earthfaves is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Entries. You further understand and acknowledge that you may be exposed to User Entries that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against earthfaves with respect thereto, and agree to indemnify and hold earthfaves, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. YOUR USER ENTRIES AND CONDUCT

5.1 As an earthfaves account holder you may submit textual content (“Positive User Recommendations”), picture content (“User Pictures”), video content (“User Videos”), and Positive User Recommendations, User Pictures and User Videos are collectively referred to as “User Entries”. You understand that whether or not such User Entries are published, earthfaves does not guarantee any confidentiality with respect to any User Entries.

5.2 You shall be solely responsible for your own User Entries and the consequences of posting or publishing them. Earthfaves is a positive-recommendations-only platform, negative recommendations are not allowed and will be deleted as soon as they are discovered. In connection with User Entries, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize earthfaves to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Entries to enable inclusion and use of the User Entries in the manner contemplated by the Website and these Terms of Use.

5.3 For clarity, you retain all of your ownership rights in your User Entries. However, by submitting User Entries to earthfaves, you hereby grant earthfaves a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Entries in connection with the earthfaves Website and earthfaves’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the earthfaves Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the earthfaves Website a non-exclusive license to access your User Entries through the Website, and to use, reproduce, distribute, display and perform such User Entries as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Entries terminate within a commercially reasonable time after you remove or delete your User Entries from the earthfaves Service. You understand and agree, however, that earthfaves may retain, but not display, distribute, or perform, server copies of User Entries that have been removed or deleted. The above licenses granted by you in User Recommendations are perpetual and irrevocable.

5.4 In connection with User Entries, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant earthfaves all of the license rights granted herein.

5.5 earthfaves does not endorse any User Entry or any opinion, recommendation, or advice expressed therein, and earthfaves expressly disclaims any and all liability in connection with User Entries. earthfaves does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and earthfaves will remove all Content and User Entries if properly notified that such Content or User Entry infringes on another's intellectual property rights. earthfaves reserves the right to remove Content and User Entries without prior notice.

6. ACCOUNT TERMINATION POLICY

6.1 earthfaves will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

6.2 earthfaves reserves the right to decide whether content is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, negative recommendations, pornography, obscene, defamatory or unreadable material, or excessive length. earthfaves may remove such User Entries and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

7. COPYRIGHTS

As between you and earthfaves, you acknowledge that earthfaves owns or has a license to all title and copyrights in and to the earthfaves Services. All title and intellectual property rights in and to the content available through the earthfaves Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

8. EARTHFAVES TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of earthfaves AG: earthfaves, the earthfaves design logo, the earthfaves “e”, the “I love this place” slogan, as well as certain other earthfaves trademarks, service marks, graphics, and logos (collectively, the earthfaves Trademarks) used in connection with the earthfaves Services. The earthfaves Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to earthfaves Trademarks or the trademarks of any third party.

9. PRIVACY POLICY

Unless otherwise addressed in this Agreement, the earthfaves Services are subject to earthfaves Privacy Policy that can be found at www.earthfaves.com/privacy.html and that by reference is made a part of this Agreement. It is important that you read and understand the terms of earthfaves’ Privacy Policy. earthfaves may cooperate with and disclose information (including your Account Information) to any authority and government official or third party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the earthfaves Services.