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Terms of Service for Community Forum

Last updated: March 2024

 

These Terms of Service, which we'll refer to simply as the "Terms," set out the rules by which you may use our Platform. The Terms explain how our Platform works and provide you with a list the "dos and don'ts" when using it. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when clicking on the box marked "I agree". Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Platform. If you have any questions, please don't hesitate to contact us at info@hedonia.io. 

 

Table of Contents

 

  1. The Basics

  2. Use of the Platform

  3. User Accounts

  4. Use Restrictions

  5. Representations

  6. Intellectual Property

  7. Content and User Content

  8. Copyright – DMCA

  9. Indemnification

  10. Disclaimers

  11. Limitation of Liability

  12. Term and Account Termination

  13. Force Majeure

  14. Notices

  15. General

 

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Any materials and content ("Materials") available through the Platform are provided for informational purposes only and in no way constitute health, medical or other professional advice. Any such Materials are not a substitute for treatment or advice to be provided by healthcare professionals. These Materials should not be used as a basis for making health-related decisions. Do not disregard, avoid or delay seeking medical or psychological advice from a qualified professional because of any information you may have obtained through the Platform. Please note that the views expressed within the Platform do not necessarily reflect those of Hedonia. Moreover, use of the Platform does in no way establish a physician-patient relationship.

 

  1. The Basics

    1. Key Terms 

      1. We are Hedonia Ltd. and we'll refer to ourselves as "Hedonia," "us," "our," or "we." Our offices are located at Magshimim 26, Petah Tikva, Israel 4934835 and our registration number is 516429586.

      2. When we use the term "you," we mean anyone using our Platform.

      3. When we refer to our "Platform," we mean the "Hedonia's Haven" community forum on which members can connect, share, and contribute to one another.

    2. Privacy. When you use participate in our Platform, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at [add hyperlink to Privacy Notice] for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the
      rights you have regarding your Personal Data.
       

    3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. If you continue to use the Platform after we update the Terms, that means that you agree to and accept the updated version. [Hedonia: Please note that if you do make material changes to the Terms, especially those that would negatively impact users, you should notify users via email about those changes.]
       

  2. Use of the Platform. Subject to these Terms, Hedonia allows you to use the Platform on a non-exclusive basis. All use of the Platform must be in accordance with our Community Guidelines. 
     

  3. User Accounts

    1. While it is possible to view the Platform without an account, in order to post or otherwise participate in use of the Platform, you will need to create an account. You can also register by logging in through your Google, Facebook, or Discord account. You may only do so if the third-party account is yours and you have the right to use that account with our Platform.

    2. Subject to applicable law, Hedonia may refuse to open an account for any individual at its sole discretion.

    3. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Hedonia will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through
      the Platform, we cannot guarantee that we will learn of or prevent any inappropriate use of the Platform.
       

  4. Use Restrictions

    1. You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Platform, including framing or mirroring the Platform; (2) copy, modify, or distribute the Platform in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Platform or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Platform in any other way; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Platform; and (7) use the Platform in any manner not permitted by applicable law.

    2. You may not use our Platform if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection
      with the Platform.
       

  5. Representations

    1. Our Representations. We represent that Hedonia is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Platform faithfully, diligently, and in accordance with the standard practices.

    2. Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Platform will not violate any applicable law or any obligation you have to a third party; (c) all the registration information you submit is and will remain truthful and accurate; (d) you have all necessary rights, consents, and licenses needed to provide any User Content (defined below) that you provide; (e) and the User Content is compliant with applicable law and our Community Guidelines and does not infringe on the intellectual property, privacy, publicity, moral, or any other rights of any third party; and (f) our use of your User Content as allowed under these Terms will not cause us to infringe on the rights of any third party. You also undertake that you will use the Platform in compliance with applicable law and the Community Guidelines at all times.
       

  6. Intellectual Property 

    1. Our Property. We retain all worldwide intellectual property rights, title, and interest in our Platform including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Platform, any Content we provide, and our name, trademarks, and logos. In some cases we have obtained the right to use certain elements from others as part of our Platform and in that case, those elements are owned by their respective owners. Even though we're allowing you to use our Platform, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.

    2. Your Property. When you provide User Content through the Platform, that content remains yours. By providing User Content, you do allow us to use it in connection with the Platform, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Platform. If you provide us with any feedback regarding the Platform, you agree that we may use it and share it freely.
       

  7. Content and User Content

    1. Definitions. We may provide certain materials, such as posts, articles, and other information provided through the Platform and may also allow you and other users to provide certain types of material, such as posts, photos, pictures, videos, reports, recommendations, comments, and feedback. "User Content" means materials you provide and "Content" means any content available through the Platform, including User Content that may be provided by other users.

    2. User Content Restrictions. You are fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) in breach of any applicable laws, rules, regulations, or our Community Guidelines; (v) contains material we reasonably determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.

    3. User Interaction. When interacting with other users, whether or not such interaction occurs within the Platform, you agree to conduct yourself in a respectful and appropriate manner and in accordance with our Community Guidelines. This includes, but is not limited to, refraining from abusive, threatening, or harassing behavior, personal attacks, discrimination, or offensive language. Please note that if you interact with others or make User Content available to others, it may be possible for others to obtain Personal Data about you. We have no control over the use of this data by others and are not responsible for the use of any Personal Data that you disclose to any third party. We reserve the right to monitor interactions between users and to intervene or take action where necessary, which may include, but not be limited to, suspending or terminating the accounts of users who do not adhere to these guidelines.
       

  8. Copyright – DMCA. You may not post User Content that violates another's intellectual property rights. As the provider of your User Content, you are responsible for ensuring, to the best of your ability, that the User Content is non-infringing. If we are notified that certain User Content violates intellectual property rights, we may remove that User Content at any time and at our sole discretion, without notifying you, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). We reserve the right to take any additional measures we deem appropriate, including suspending and/or terminating your accounts. If you believe that something appearing on the Platform infringes your or another's intellectual property rights, please notify us at info@hedonia.io. If you believe that a notice has been wrongly filed against you, you may send us a counter-notice to the address above. Please note that notices and counter-notices must meet the DMCA's requirements and that there can be substantial penalties for false claims under the DMCA. We suggest consulting with your legal advisor before filing a notice or counter-notice.
     

  9. Indemnification 

    1. You agree to indemnify, defend, and hold harmless Hedonia, and its directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Platform; (c) violation of any law or regulation, including breach of applicable data protection laws; and/or (d) infringement of any right of any third party.

    2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss or loss, including reasonable court costs, attorneys' fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Platform, as delivered, infringes any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Platform not in compliance with these Terms or applicable law; (b) the combination of the Platform with any services that we did not provide; or (c) the modification of the Platform by any party other than us. 

    3. Either party claiming indemnification under this Section ("Indemnitee") shall: (i) provide the other party ("Indemnifying Party") with written notice of a claim promptly upon becoming aware thereof, (ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party's expense, in the defense and settlement of the claim. 
       

  10. Disclaimers

    1. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE PLATFORM OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE PLATFORM WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE PLATFORM WILL BE PROVIDED IN A TIMELY MANNER. THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

    2. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Platform itself. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Platform.

    3. Users. We cannot anticipate or control the actions or inactions of anyone else, including our clients, users, or unauthorized users. Therefore, we disclaim all liability, regardless of the form of action, for the acts or omissions of any and all users (including unauthorized users), that are not solely due to our gross negligence or willful misconduct.

    4. User Content. User Content comes from sources outside of our control, we take no responsibility for the accuracy, usefulness, safety, appropriateness, or non-infringement of any User Content; your use of any User Content is at your own risk. We do not endorse any opinions or recommendations expressed in any User Content. We have no obligation to display or maintain any User Content and may remove it without notice to you and for any reason. Any User Content that you make available will not be considered confidential and may be available publicly.

    5. Third-Party Content. Our Platform may provide you with links to third-party sites. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party's data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.

    6. In light of the above, you understand that using the Platform entails some degree of risk. When you choose to use the Platform, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties. 
       

  11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEDONIA (AND ITS OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HEDONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.
     

  12. Term and Account Termination

    1. Term. These Terms will take effect when you accept them and shall continue in full force and effect until they are terminated in one of the ways described below. 

    2. How to Terminate Your Account. You may request to terminate your account (and, by association, these Terms) at any time by sending an email to info@hedonia.io. We will process your request promptly after receiving your notice. 

    3. Termination by Hedonia. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days' prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests. If your account is terminated, you may not rejoin by opening a new account without our permission.

    4. Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
       

  13. Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence.
     

  14. Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
     

  15. General. These Terms constitute the entire agreement between Hedonia and you regarding use of the Platform, and any and all other agreements existing between Hedonia and you regarding use of the Platform are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.

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