Use of Eyepax Websites
Except as set forth in "Other agreements; software, services or access", below, EYEPAX authorizes you to use the EYEPAX Websites only for your own personal, non-commercial purposes. Use of the EYEPAX Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and EYEPAX, EYEPAX owns the EYEPAX Websites. The EYEPAX Websites is protected under United States and international copyright laws. Any unauthorized use of the EYEPAX Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the EYEPAX Websites and for paying all charges related thereto. When you register to open an account anywhere on the EYEPAX Websites, or when you contact EYEPAX through the EYEPAX Websites for the purpose of receiving products or services, EYEPAX may collect certain personal information about you. EYEPAX's use of such information is governed by the provisions of the EYEPAX Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your EYEPAX Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your EYEPAX Websites password and you are solely responsible for all activities that occur under your password. You agree to notify EYEPAX immediately of any unauthorized use of your password or any other breach of security related to the EYEPAX Websites. EYEPAX reserves the right to require you to change your password if EYEPAX believes that your password no longer is secure. Access to EYEPAX Websites granted under other separately executed agreements by EYEPAX and You shall supersede the terms contained in this Section.
You agree not to use the EYEPAX Websites (including, without limitation, any Materials or Services you may obtain through your use of the EYEPAX Websites):
(a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law");
(b) to stalk, harass, or harm another individual;
(c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(d) to interfere with or disrupt the EYEPAX Websites or servers or networks connected to the EYEPAX Websites. You further agree not to
(i) use any data mining, robots, or similar data gathering or extraction methods in connection with the EYEPAX Websites; or
(ii) attempt to gain unauthorized access to any portion of the EYEPAX Websites or any other accounts, computer systems, or networks connected to the EYEPAX Websites, whether through hacking, password mining, or any other means.
Except as set forth in "Other agreements; software, services or access", below, EYEPAX may terminate, suspend, or modify your registration with, or access to, all or part of the EYEPAX Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the EYEPAX Websites at any time. If you breach any of these Terms, your authorization to use the EYEPAX Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE EYEPAX WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EYEPAX WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT EYEPAX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. EYEPAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE EYEPAX WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYEPAX MAKES NO WARRANTY THAT THE EYEPAX WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE EYEPAX WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE EYEPAX WEBSITES WILL BE CORRECTED. EYEPAX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EYEPAX WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EYEPAX WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE EYEPAX WEBSITES OR FROM EYEPAX, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE EYEPAX PARTIES") SHALL CREATE ANY WARRANTY. EYEPAX DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT WILL ANY OF THE EYEPAX PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE EYEPAX WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE EYEPAX WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY EYEPAX PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any EYEPAX Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the EYEPAX Party's liability shall be the minimum permitted under such applicable law.
EYEPAX may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to EYEPAX Websites under the terms of a separate agreement between you and EYEPAX (each, an "Other Agreement"). EYEPAX's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the EYEPAX Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
EYEPAX reserves the right to modify, suspend, or discontinue the EYEPAX Websites at any time without notice to you. For example, EYEPAX may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and EYEPAX makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local EYEPAX business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the EYEPAX Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to EYEPAX an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that EYEPAX deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). EYEPAX reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. EYEPAX may, but is not obligated to, pre-screen User Submissions or monitor any area of the EYEPAX Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. EYEPAX is not required to host, display, or distribute any User Submissions on or through the EYEPAX Websites and may remove at any time or refuse any User Submissions for any reason. EYEPAX is not responsible for any loss, theft, or damage of any kind to any User Submissions. EYEPAX does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that EYEPAX will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. EYEPAX does not guarantee that you will have any recourse through EYEPAX or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
a. you are at least 13 years old b. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to EYEPAX the rights in your User Submissions described herein; c. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; d. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to EYEPAX described herein; e. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; f. you voluntarily agree to waive all "moral rights" that you may have in your User Submission; g. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; h. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); i. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy; j. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; k. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); l. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; m. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and n. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links on the EYEPAX Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the EYEPAX Websites. EYEPAX is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, EYEPAX does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the EYEPAX Network, you do this entirely at your own risk.