Terms & Conditions

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These Terms & Conditions governs our relationship with users and others who interact with Eaco. By using or accessing Eaco, you agree to and accept these Terms & Conditions.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Eaco to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on Eaco, and you can control how it is shared through your application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Eaco (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
  3. When you publish content or information in certain circumstances, it may mean that you are allowing everyone, including people off of Eaco, to access and use that information, and to associate it with you (i.e., your name, your business name and profile picture).
  4. We always appreciate your feedback or other suggestions about Eaco, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep Eaco safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Eaco.
  2. You will not collect users’ content or information, or otherwise access Eaco, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Eaco.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not use Eaco to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working of Eaco, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of these terms and Conditions.

4. Registration and Account Security

Eaco users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Eaco, or create an account for anyone other than yourself without permission.
  2. If we disable your account, you will not create another one without our permission.
  3. You will keep your contact information accurate and up-to-date.
  4. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  5. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

5. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  1. You will not post content or take any action on Eaco that infringes or violates someone else’s rights or otherwise violates the law.
  2. We can remove any content or information you post on Eaco if we believe that it violates this Statement.
  3. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or trademarks (including Eaco, the Eaco Logos, and other copyrights and trademarks developed by Eaco from time to time), or any confusingly similar marks, without our written permission.

    6. 6. Offers

    1. If you accept an Offer, you agree to our Offer Terms.

      2. 7. Termination

      If you violate the letter or spirit of these Terms & Conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Eaco to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the relevant provisions will still apply.

      8. Disputes

      1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Eaco exclusively in a state or federal court located in Melbourne. The laws of the State of Victoria will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Victoria for the purpose of litigating all such claims.
      2. If anyone brings a claim against us related to your actions, content or information on Eaco, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
      3. WE TRY TO KEEP EACO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING EACO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT EACO WILL BE SAFE OR SECURE. EACO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR EACO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR EACO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EACO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

      9. Special Provisions Applicable to Users Outside Australia

      We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Australia:

      1. You consent to having your personal data transferred to and processed in Australia.
      2. If you are located in a country embargoed by Australia, or are on a list produced by the Government of Australia that limits commercial action by you in relation to Australia, you will not engage in commercial activities on Eaco.

      3. 10. Definitions

        1. By Eaco we mean the features and services we make available, including through (a) our website at www.eaco.me and any other Eaco branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
        2. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Eaco or provide data to us.
        3. By information we mean facts and other information about you, including actions you take.
        4. By content we mean anything you post on Eaco that would not be included in the definition of information.
        5. By data we mean content and information that third parties can retrieve from Eaco or provide to Eaco through any means.
        6. By post we mean post on Eaco or otherwise make available to us.
        7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

        11. Other

        1. This Statement is an agreement between you and Eaco (Aust) Pty Ltd. References to “us,” “we,” and “our” mean Eaco (Aust) Pty Ltd.
        2. This Statement makes up the entire agreement between the parties regarding Eaco, and supersedes any prior agreements.
        3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
        4. If we fail to enforce any of this Statement, it will not be considered a waiver.
        5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
        6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
        7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
        8. Nothing in this Statement shall prevent us from complying with the law.
        9. This Statement does not confer any third party beneficiary rights.
        10. You will comply with all applicable laws when using or accessing Eaco.

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