WEBSITE TERMS OF USE

Your use of the web sites on which these terms reside (collectively, the "Site"), and the features at this Site are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Site. The Site is owned or controlled by Edun Americas Inc. ("EDUN") for more information about EDUN, please see below.  By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to EDUN, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including, but not limited to, conducting transactions through the Site electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law.

These Terms of Use refer to the following additional terms which also apply to your use  of the Site:

  • Our Privacy Policy [insert link] which sets out the terms on which we will process personal data that we collect from you or that you provide to us.  By providing such data you consent to such processing and you warrant that all data provided by you is accurate. 
  • Our Cookie Policy [insert link] which sets out information about the cookies on the Site.

 

 

From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  To the extent permitted by law, EDUN may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that EDUN will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Information about EDUN

Edun Americas Inc. is a corporation registered in the state of Delaware. It’s main office is located at the following address:

107 Grand St., 3rd Floor
New York, New York 10013
Phone: 212.274.1521
VAT: 9825173L

 

EDUN CONTENT

Content on this Site that is provided by EDUN or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, service marks, trade names, logos, product and program names, slogans, and the compilation of the foregoing ("EDUN Content") is the property of EDUN and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any EDUN Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of EDUN, in any other manner that is likely to cause confusion among consumers, that disparages or discredits EDUN and/or its licensors, that dilutes the strength of EDUN's or its licensor's property, or that otherwise infringes EDUN’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any EDUN Content or Third Party Content that appears on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any EDUN Content displayed on the Site without the prior written permission of EDUN or the third party that may own the applicable EDUN Content. Your misuse of the EDUN Content displayed on the Site is strictly prohibited. EDUN will enforce its rights in the EDUN Content to the fullest extent of the law, including the seeking of criminal prosecution.

USE OF THE SITE AND POSTING POLICY

The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by EDUN in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

 

USER CONTENT

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials ("User Content").  By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by EDUN; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of EDUN, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  To the extent permitted by law, EDUN may cancel your account and delete all User Content associated with your account at any time, and without notice, if EDUN deems that you have violated these Terms, the law, or for any other reason.  EDUN assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

 

USER CONTENT LICENSE

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to EDUN a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.  You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold EDUN, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to EDUN or this Site.


INTELLECTUAL PROPERTY INFRINGEMENT

EDUN respects the intellectual property rights of others. Upon proper notice, EDUN will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, EDUN has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send EDUN's copyright agent (listed below) a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit EDUN to locate the material on the Site;

(c) information reasonably sufficient to permit EDUN to contact you, such as an address, telephone number, and, if available, an email address;

(d) the reasons for which you think that the content must be withdrawn, as well as a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.



Please send all of the above enumerated information to the following EDUN copyright agent:
Janice Sullivan
Edun-Americas, Inc.
107 Grand St., 3rd Floor
New York, NY 10013
Tel: 646-496-9333
Fax: 212-226 4656
Email: ipenforcement@edun.com

Please do not send notices or inquiries unrelated to alleged copyright infringement to EDUN's designated agent.


PRODUCT INFORMATION

We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

 

REPRESENTATIONS, AND LIMITATIONS TO LIABILITY

EDUN makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. EDUN makes no representations regarding the amount of time that any Content or User Content will be preserved.

EDUN does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by EDUN without the prior review and written approval of EDUN.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EDUN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL EDUN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND EDUN’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL EDUN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF EDUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTHING CONTAINED HEREIN SHALL EXCLUDE OR LIMIT LIABILITY WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

THIRD PARTY WEBSITES

This Site may hyperlink to sites not maintained by or related to EDUN. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or EDUN, and EDUN makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and EDUN has no control over how your information is collected, used, or otherwise handled.

MISCELLANEOUS 

Both you and EDUN acknowledge and agree that no partnership is formed and neither of you nor EDUN has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New York County, New York.  You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of EDUN to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of EDUN, shall not be deemed a breach of these Terms.

If EDUN fails to act with respect to your breach or anyone else's breach on any occasion, EDUN is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and EDUN, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and EDUN regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

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