Eons™ Terms of Use

Introduction

Welcome to Eons! Eons, Inc. (“Eons”) operates a website located at http://www.eons.com (also referred to as “Eons” or “the website” or “the Eons website”) that provides an activity, feature and content rich web destination for Internet users who are primarily in their 40s, 50s and beyond. These terms of use (“TOU”) constitute a binding agreement – and the only agreement – between Eons and you governing your use of the website. By visiting the website, you agree to be bound by all of the terms and conditions of these TOU.

If you do not agree to these TOU, please do not register for or enter the Eons website. Eons may also modify these TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view these TOU. Your continued use of the Eons website after any modification will mean you agree to these TOU as modified. If you do not agree to a modification, you should stop visiting Eons immediately.

We at Eons take these TOU seriously. We believe they are necessary to create a Web atmosphere in which all who come here may feel safe and respected. If we believe you have breached these TOU, we may, without notice, suspend or terminate your ability to access the Eons website and/or any other service, specific content, digital products, products, courses or events, provided to you by Eons, including any personal website.

Registered Members and RLG Members

Visitors to Eons may register their identifying information and become “Registered Members.” While Eons is intended for baby boomers (born from 1946 to 1964) and older, anyone 13 or older may register (but see our notices below regarding “Children Under Age 13” and “Children Between the Ages of 13 and 18”). As a Registered Member, you have your own own profile that identifies you according to privacy settings you control as a member of Eons, and have access to community tools (e.g., discussion groups and blogs) and other services in which only Registered Members may participate.

Eons also welcomes members of Real Life Groups (“RLG’s”) who use our website to meet with an invitation-only group of people to which they belong in "real life," such as friends, family, and associates ("RLG Members"). RLG Members ages 13 or older may or may not choose to become Registered Members as well.

Each Registered Member creates a password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the Eons website. You agree to immediately notify Eons of any unauthorized use of your password or account or any other breach of security. Eons cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Registered HQ Members

Companies, corporations, organizations or other entities (each referred to here as a “Company”) may register their identifying information and become “Registered HQ Members” with express advance authorization. Registered HQ Members participate in the Eons community by creating a Profile similar to Registered Members, and posting content, tools and other services that may appeal to Eons Visitors and Registered Members. To register as a HQ Member, please contact Eons’ advertising sales department at SalesInfo@eons.com.

Each Registered HQ Member creates a password. As a Registered HQ Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the Eons website. You agree to immediately notify Eons of any unauthorized use of your password or account, or any other breach of security. Eons cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Information and Representations Provided at Registration and Thereafter

By registering with Eons, you agree to provide true, accurate, current and complete information about yourself or, if registering your Company as a Registered HQ Member, your Company, in all required fields of the registration form and in all descriptive content you post about yourself or your Company on Eons. If any of your or your Company’s information changes, you agree to update your registration information as soon as possible. If Eons suspects that your registration information or descriptive content is not complete, current or accurate or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted (including but not limited to information about yourself or your Company), and you may be barred from using the Eons website.

In addition, the person registering a Company as a Registered HQ Member hereby represents that he or she is authorized to enter into this agreement on behalf of the Company.

Children Under Age 13

You may register on Eons if you are 13 or older. Eons is not directed at children under 13 years of age. Any registration, use of, or access to the Eons website by anyone under 13 (other than as an invited RLG Member) is unauthorized, unlicensed and in violation of these TOU.

Eons does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register on Eons or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 13 may provide any personal information to or on the Eons website. If we learn that we have collected personal information from a child under age 13 with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at Info@eons.com.

Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask their parents for permission before posting any information about themselves on any website or sending any information about themselves to anyone over the Internet.

Parents of children between the ages of 13 and 18 who wish to allow their children access to the Eons website have the responsibility to determine the content that is appropriate for their children. Please be aware that Eons members have created areas on the Eons website that may contain adult or mature content.

Privacy Policy

Your use of Eons is subject to our Privacy Policy. To view the Eons Privacy Policy, please visit http://www.eons.com/about/privacy.

Reliance on Medical, Legal, Financial, Investment and Other Information

Eons presents resources for the purpose of informing, entertaining and creating a community among our users. Eons’ intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided by Eons to suggest an authoritative course of action for an individual with legal, financial, educational, medical or mental health concerns. The information contained here should not replace a consultation with a qualified expert in the field who is familiar with your particular circumstances, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider or therapist.

Other Parties and Websites

From time to time, Eons may make available to you certain services offered by third parties, including but not limited to those offered by HQ Registered Members, or pages of the Eons website may include links to other parties’ websites. Those third party services and websites are not governed by these TOU and/or Privacy Policy but may be governed by other terms of use and privacy policies. Also, Eons does not review all the content of these external websites and is not responsible for the quality of information on any of the external websites or any link contained in the external websites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Copyright

Eons is the owner of this website as a whole and of any individual content on the website that is provided by Eons staff members or contributors who provide work under contract with Eons. All Eons content is protected under the copyright and intellectual property laws of the United States and other countries. The Eons website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of Eons content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Eons.

Content and Comments Posted by Eons Members

Eons is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas. The interactive nature of postings on Eons makes it impossible for Eons to assume responsibility for the materials posted by our users. The ideas, suggestions, opinions, comments and observations made by Registered Members and Registered HQ Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”) are not endorsed by Eons, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the website is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.

Eons does not claim any ownership rights in Member Content. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to Eons or posting it on the website, you expressly grant Eons a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Member Content in any form, solely in connection with the Eons website or other affiliated or related Eons ventures. This license is sublicensable (so that Eons is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Eons website and any other Eons services). This license will continue perpetually unless and until you remove your Member Content from the Eons website. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that Eons may retain archived copies of your Member Content. In addition, nothing is deemed to prevent Eons from posting or otherwise using or continuing to use at any time any non-copyrightable material that may have been included in Member Content.

If choose to post Member Content on Eons Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of Eons reflects your respect for the legal rights of Registered Members and Registered HQ Members connected with Eons. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). You also agree that, if you post Member Content containing adult or sexually explicit material, you will mark the Member Content as such; we suggest that you preface your posting with the following legend: “Warning: adult or sexually explicit material follows.”

You acknowledge that Eons may or may not pre-screen or monitor Member Content (for instance, to determine if it was created by the Member posting it or if it is posted without authorization), but that Eons and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the website, with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the website and to any and all materials you post on Eons, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (“Member Content”) whether the Member Content is included in blogs, Eons Groups (as defined below), private messages, emails, profiles, comments or any other portion or feature of Eons.

You may not, in connection with the website:

  • Upload, post, email or otherwise transmit any Member Content that
    • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
    • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
    • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
    • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    • constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
    • constitutes a misrepresentation of facts or hate speech;
    • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    • promotes software or services that deliver unsolicited email or spam;
    • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  • Harm minors in any way;
  • Solicit personal information from anyone under 18;
  • Use or create inappropriate screen names or Eons Group names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Do anything to prevent the full and complete display of advertisements on Eons pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the website;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people’s entries or other Member Content when you have not been granted the privileges to do so; or
  • Allow usage by others in such a way as to violate Eons’ TOU.

You may not, except with Eons’ express advance authorization or in a specially designated area (e.g., RLGs, account settings), use the website to:

  • upload, post, email or otherwise transmit any Member Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial activities within Eons (such as by advertising or selling products or services or inducing Registered Members, Guests and Visitors to the website to enroll in a promotional or money-making enterprise); or
  • solicit donations for any purpose.

Registered HQ Members may provide services to Registered Members, and may engage in commercial activities solely on their respective profiles, including advertising, promoting, or selling products or services, so long as such activities adhere to these Rules of Conduct and TOU, and are not competitive with Eons products and services (as determined by Eons in its sole discretion).

Although Eons provides rules of conduct for Members and Users of the website, Eons does not control and is not responsible for Members’ and Users’ activities regarding the website. Eons assumes no responsibility for monitoring Member Content or conduct that may violate these TOU, including these Rules of Conduct. With regard to any third party rights, Eons relies on Members’ representations that they are either the creator of Member Content or have authorization to distribute it. If at any time Eons chooses, in its sole discretion, to monitor or investigate any Member Content or conduct, Eons nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Member.

Commercial Content and Free Goods

Eons may in its sole discretion allow the posting of Member Content that contains a link to free goods or services, but such posting is confined to Eons Groups (as defined below) that are designated as “Freebie” Groups. If you wish to promote a commercial offer on the website, please contact Eons’ advertising sales department at SalesInfo@eons.com.

Eons Groups, and Group Managers and Moderators

Registered Members and Registered HQ Members may create and maintain their own “Eons Groups” within the website. An “Eons Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.

The Registered Member or Registered HQ Member who creates an Eons Group is the “Group Manager.” The Group Manager may invite other Group Moderators. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Eons Group and to report to Eons any abuse or violation of these TOU.

In the Group Manager’s sole discretion, he or she may:

  • decide whether the Eons Group is restricted to certain individuals or is accessible to the general public;
  • change the Eons Group’s access designation (whether restricted or public) at any time;
  • in restricted Eons Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion; and
  • delete any Member Content posted to the Eons Group.

In addition, the Group Manager may also transfer or delegate any of these decisions and/or responsibilities to another Registered Member, who should be designated on the Eons Group home page as a successor Group Manager or as a “Group Moderator.”

In the Group Moderator’s sole discretion, he or she may:

  • in restricted Eons Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Moderator’s discretion; and
  • delete any Member Content posted to the Eons Group.

In response to Registered Member and Registered HQ Member conduct in Eons Groups that violates these TOU, Eons may take any or all of the actions described in “Registered Members,” above, and/or the following actions with regard to the Eons Group:

  • delete an entire Eons Group;
  • change Group Manager or Group Moderator status; or
  • block any participant from the Eons Group.

Copyright Infringement

Eons respects the intellectual property of others, and we ask our Registered Members and Registered HQ Members to do the same. Thus, in your use of and interactions with Eons and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Eons reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Members who we believe to be infringers.

If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.

Eons’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email:
Info@eons.com
By mail:
Eons, Inc.
Attention Copyright Agent
1 First Avenue, 1st Floor
Charlestown, MA 02129

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Members, Registered HQ Members or Visitors to the website. Eons reserves the right, but has no obligation, to monitor or take action regarding disputes between these parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then Eons shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, Eons may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by Eons.

Indemnity

You agree to indemnify and hold Eons and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the website, your use of the website or other Eons services, your connection to the website, your violation of these TOU or your violation of any rights of another.

General Practices Regarding Use and Storage

Eons may establish general practices and limits concerning use of the website, including, for example, limits on the number of:

  • days that blogs, message board postings or other uploaded content and Member Content will be retained
  • Eons Groups to which you may belong
  • files (including graphics, photographs, videos or sound/music files) that may be posted
  • disk space that will be allotted on Eons’ servers on your behalf, and
  • times you may access the website in a given period of time (and the maximum duration of your visits to the website).

You agree that Eons has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by Eons.

Modifications to the website

Eons reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Eons shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Termination

Eons may, under any circumstances and without prior notice, immediately terminate your Eons account and access to the website or any other Eons services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account cancellations); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other Eons products or services. Termination of your Eons account may include: (a) restriction of access to the website or any other Eons services; (b) removal of your Profile and Member Content associated with or inside your account (or any part thereof); and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in Eons’ sole discretion and that Eons shall not be liable to you or any third party for any termination of your account, any associated email address or access to the website.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. Eons and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Eons and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the website or any other eons services will meet your requirements; (2) the website will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the website will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through eons will meet your expectations; and (5) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from eons or through or from the website shall create any warranty not expressly stated in these TOU.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the website. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you or anyone in your family, have an epileptic condition, consult your physician prior to using the website. Immediately discontinue use of the website and consult your physician if you experience any of the following symptoms while using the website: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

Limitation of Liability

You expressly understand and agree that Eons and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eons has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the website; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the website; or (5) any other matter relating to the website or Eons.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

Notice

Eons may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the website.

Violations of These Terms of Use

Please report any violations of these TOU, including objectionable Member Content or behavior, to Info@eons.com. Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Eons in its sole discretion may investigate the matter and take such action as Eons determines to be appropriate.

No Waiver

Eons’ failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Eons may at any time choose to take an action that it is permitted or legally entitled to take, even if Eons has not taken such an action in the past, in the same or a similar situation.

Terms of Use Update

TOU updated July 3, 2009