This Eye1 Global Services LLC Community Usage Agreement (“Agreement”) governs your submission of comments, questions, answers, suggestions, input, ideas, feedback or any related materials (“Submissions”) to Eye1 Global Services LLC through the Eye1 Global Services LLC Community, located at https://eye-source.com that you are at least 18 years of age. If you do not accept this Agreement, you may not use or access the Service.
Account Password and Security. You are solely responsible for maintaining the confidentiality of your username, password, Registration Data, and Account and for any and all use of your Account by you or any people using the Service under your username and password. You agree to immediately notify Eye1 Global Services LLC of any unauthorized use of your Account or any other breach of security. Eye1 Global Services LLC will not be liable for any loss or damage arising from your failure to comply with this Section. Eye1 Global Services LLC is not obligated to identify or authenticate any User who accesses the Service. To the maximum extent permitted under law, Eye1 Global Services LLC disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, services or other materials, including Submissions (collectively, “Content”) uploaded, transmitted, posted, or otherwise made available by Users on the Service (collectively, “User Content”) are the sole responsibility of the User from whom such User Content originated. This means that you, and not Eye1 Global Services LLC, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available on the Service, including personally identifying information. When you post User Content on the Service, your username will be visible to other Users and attached to the User Content that you post. Please be aware that if you post personal information online that is accessible to other Users, you may receive unsolicited messages from such Users. Eye1 Global Services LLC does not control the User Content posted by you or other Users on the Service and, as such, does not endorse, verify, or guarantee the accuracy, integrity or quality of such User Content. By using the Service, you may be exposed to User Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will Eye1 Global Services LLC be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In addition, except as provided in this Agreement, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any User Content or any other content appearing on or through the Service.
Eye1 Global Services LLC reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any User Content for any reason in its sole discretion and without notice, as permitted by law. Eye1 Global Services LLC assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. If at any time Eye1 Global Services LLC chooses, in its sole discretion, to monitor the Service, Eye1 Global Services LLC nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any User submitting User Content.
Eye1 Global Services LLC Involvement.
Eye1 Global Services LLC reserves the right (without the obligation) to respond to User Content but will not formally provide any technical or customer support assistance on the Service. Any verified responses provided by Eye1 Global Services LLC or Eye1 Global Services LLC employees is offered without warranties of any kind.
Eye1 Global Services LLC will not take any action with respect to your Service subscription in response to any User Content posted in the Eye1 Global Services LLC Community. For clarity, Eye1 Global Services LLC will not cancel, modify or place a hold on your Service subscription in response to any posted User requests.
User Content Posting Guidelines. You may not post, upload, transmit or otherwise make available on the Service any User Content that, among other things:
comments about or compares other platforms or streaming services;
is offensive or promotes racism, bigotry, hatred or physical harm against any group or individual;
harasses or advocates harassment of another person or is abusive, vulgar, or profane;
exploits people in a sexual or violent manner;
contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personally identifiable information from anyone under eighteen (18) years of age or otherwise harms minors in any way;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated video or links to pirated video files;
constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from Eye1 Global Services LLC such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes any information, photograph, or video of another person that you have posted without that person’s consent;
is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;
you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
Eye1 Global Services LLC reserves the right to investigate and take appropriate legal action against anyone who, in Eye1 Global Services LLC’s sole discretion, violates this Section, including without limitation, removing the offending Content from the Service and terminating or suspending a User’s right to use the Service.
Prohibited User Conduct. You are solely responsible for compliance with all laws, regulations and ordinances in connection with your use of the Service, including without limitation your User Content. You may not use the Service in any way that could harm it or impair anyone else’s use of it. You agree not to engage in any of the following activities in connection with your use of the Service:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services;
circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;
activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
any automated use of the Service;
damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s use and enjoyment of the Service;
impersonating or attempting to impersonate another User, person or entity;
using the Account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
allow usage of the Service by others in such a way as to violate this Agreement;
take any steps to interfere with or in any manner compromise any security measures employed by the Service;
use the Service for fraudulent purposes;
collect any information about other Users;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Service, your Account, or your password to any third-party;
engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of Users or other information from the Service; or
attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Service, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service.
Eye1 Global Services LLC reserves the right to investigate and take appropriate legal action against anyone who, in Eye1 Global Services LLC’s sole discretion, violates this Section, including without limitation, reporting a User to law enforcement authorities and terminating or suspending a User’s right to use the Service.
License; Use Rights. Eye1 Global Services LLC (or its licensors) grants you a personal, limited, non-transferable and non-exclusive right and license to access and use the Service and the materials, data, information, features, and functions therein solely to provide your Submissions. Use of the Service does not provide or grant to you or any other person any permissions or rights to any Eye1 Global Services LLC product, service, or other asset.
Proprietary Rights to User Content.
You understand and agree that your User Content will become the non-exclusive property of Eye1 Global Services LLC, regardless of the form or platform in which it is delivered, and you grant Eye1 Global Services LLC a perpetual, irrevocable, worldwide, unrestricted license to any intellectual property rights in any form and/or of any type that are or may at some future time be associated with the User Content. You further agree that Eye1 Global Services LLC may use all or part of your User Content or any derivative thereof in any manner or media without any remuneration, compensation or credit to you. Eye1 Global Services LLC may offer you rewards and/or recognition privileges for your participation in the Service. The rewards and/or recognition privileges provided do not create any employee, agency or independent contractor relationship between you and Eye1 Global Services LLC.
You represent, warrant, and promise that your posting or transmitting of User Content on or through the Service does not, and will not, infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity.
Eye1 Global Services LLC cannot guarantee that other Users will not use User Content that you post on the Service for their own personal or commercial benefit. You should not post any User Content on the Service that you would like to keep confidential or do not want others to use. Eye1 Global Services LLC will not consider any User Content as confidential or proprietary. Eye1 Global Services LLC IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT POSTED BY YOU ON THE SERVICE.
Service Content. The Service may contain information, data, text, software, music, sound, photographs, graphics, video, messages, links to web sites, or other materials (“Service Content”) provided by Eye1 Global Services LLC or third-parties (“Content Suppliers”). Eye1 Global Services LLC is not responsible or liable, directly or indirectly, for any Service Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Service Content. Eye1 Global Services LLC is under no obligation to pre-screen Service Content. As between Eye1 Global Services LLC and you, all right, title and interest in and to the Service and any Service Content (including any intellectual property rights to the Service and the Service Content) will remain the sole property of Eye1 Global Services LLC. You may not copy, use, or incorporate any of the Service Content on the Service, including any marks, graphics, logos, scripts, and sounds are trademarks, into any other work, including your own site, or use such Service Content in any other public or commercial manner.
Indemnification. You hereby agree to indemnify, defend and hold harmless Eye1 Global Services LLC, and Eye1 Global Services LLC’s suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of: (a) your use of the Service; (b) your breach of any representations, warranties or covenants in this Agreement; (c) any User Content posted or transmitted by you on or through the Service; and (d) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Eye1 Global Services LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
No Injunctive Relief. You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including, without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, or the exploitation of the Service or any Content displayed on the Service.
Disclaimer of Warranties; Limitation of Liability.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Eye1 Global Services LLC AND Eye1 Global Services LLC’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Eye1 Global Services LLC AND Eye1 Global Services LLC’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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.
IN NO EVENT WILL Eye1 Global Services LLC OR ANY OF Eye1 Global Services LLC’S SUPPLIERS OR LICENSORS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF Eye1 Global Services LLC OR ANY OF Eye1 Global Services LLC’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Eye1 Global Services LLC’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO Eye1 Global Services LLC FOR ACCESS TO YOUR SUBSCRIPTION IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Termination and Restriction of Access. Eye1 Global Services LLC reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, the Service or your access to the Service, with or without prior notice or explanation, and without liability. You may terminate your Usership at any time, for any reason, which is your sole right and remedy with respect to any dispute with Eye1 Global Services LLC. Even after a Usership is terminated, this Agreement will remain in effect.
Notices and Communications.
Eye1 Global Services LLC reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice. Material changes to this Agreement shall be effective automatically 30 days after they are posted to https://eye-source.com/terms. You are responsible for regularly reviewing this Agreement and any associated changes. If you do not agree to any future changes made by Eye1 Global Services LLC, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or functions that change, augment or enhance the current Service will be subject to this Agreement.
By using the Service, you agree to receive certain communications from Eye1 Global Services LLC in connection with the Service. You can manage your preferences in connection with communications related to your usage of the Service by navigating to your Account Settings.
No Assignment; Waiver. You represent that you are acting on your own behalf and not acting as an agent for or on behalf of any third party. You further acknowledge that you may not assign your rights or obligations under this Agreement without the express prior written consent of Eye1 Global Services LLC.
Survival. The provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.
For inquiries or questions regarding this Agreement or the Service, please contact us at help. http://eye1.net