Last Updated: July, 17 2020
By using eternelDB, you are agreeing to these Terms. If you do not agree to these Terms, do not use eternelDB. If you are using eternelDB on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use eternelDB after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using eternelDB.
Your eternelDB Account
To use eternelDB, you’ll need to create an account, either via eternelDB or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your eternelDB account.
You are responsible for safeguarding your eternelDB login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
By using eternelDB, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content – what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Use of eternelDB
eternelDB is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use eternelDB as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Confidential Information. From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information (“Confidential Information”). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the eternelDB account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, eternelDB will respond expeditiously to claims of copyright infringement committed using eternelDB as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our legal department at the address below and provide the following information:
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on eternelDB and take whatever action, in its sole discretion, we deem appropriate.
For notices of copyright infringement and counter-notices, please contact:
We may terminate or modify your access to and use of eternelDB, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use eternelDB in any way that would cause us legal liability or disrupt others’ use of eternelDB.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of eternelDB, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Unless otherwise specified, eternelDB may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an eternelDB customer on eternelDB’s website and other marketing materials.
ETERNELDB IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. eternelDB will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of eternelDB. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You will hold harmless and indemnify eternelDB and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of eternelDB or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETERNELDB, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ETERNELDB. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ETERNELDB MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO ETERNELDB FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the the state of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and eternelDB, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. eternelDB’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. eternelDB may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be withoutprejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at legal@eternelDB.com.