Welcome to the website of E-Eye, Inc. (“E-Eye”) located at e-eye.us (the “Website”). It is important to us that you, and all of our visitors, have the best possible experience while using our Website, and that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully. Further, by using the Website, you are signifying your agreement to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use the Website.
The Website provides information about E-EYE and its experts offering knowledge, advice and products. The Website also provides information regarding affiliates of E-EYE (”Affiliates”) and parties unrelated to E-EYE (”Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.
Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of E-EYE, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
Registration. To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If E-EYE believes the details are not correct, current or complete, E-EYE has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
Security. Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). Each user who uses your password will be deemed to be authorized by you to access and use the Website. E-EYE will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that E-EYE considers insecure, E-EYE will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, E-EYE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Third-Party Content and Links; Recommendations and Opinions. The Website may include information provided by Third Parties, including opinions and advice of experts in different fields. E-EYE, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties.
The Website also may include the personal recommendations and opinions of E-EYE or others including, but not limited to, recommendations or opinions given by E-EYE experts, contributors and participants. E-EYE does not undertake responsibility for screening E-EYE contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting E-EYE contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide. Although E-EYE has endorsement arrangements with some companies, neither E-EYE, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website, from any Third Parties, or from any third party website. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs. Further, it is up to you, the user of this Website, to determine whether any particular advice satisfies your needs. Neither E-EYE, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the advice or services that may be provided to you from E-EYE contributors or any other participant on the Website. E-EYE contributors or other participants do not have any authority to bind E-EYE or make statements on behalf of E-EYE.
The Website includes hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither E-EYE nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by E-EYE, Affiliates or their respective employees or agents.
Disclaimer of Advice. The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional or E-EYE advice. Anytime you have questions regarding a specific situation, you should seek the advice of a professional. Some of the opinions expressed on this Website are the opinions of the contributors. Neither E-EYE, its Affiliates nor any of their employees or agents assume any liability for the Content of any materials or opinions of contributors provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither E-EYE, its Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of E-EYE, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, HOOK EYE™ and E-EYE™ are registered or unregistered trademarks of E-EYE, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
Linking and Framing. Without the prior written permission of E-EYE, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of E-EYE or any of their licensors into another website or other service.
Forums. The materials, information and opinions included and/or expressed in or on bulletin boards, chat rooms, community pages or other forums, if any, or by our moderators on this Website (“Forums”) are not necessarily those of E-EYE. E-EYE does not undertake to monitor or review Forums, and the content of Forums is not the responsibility of E-EYE. E-EYE may remove or modify any content without notice or liability at any time in its sole discretion. Any use of Forums will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
Rights to All Submissions. With the exception of any and all Video Submissions described below, all material you submit such as posting of resumes, comments, photographs, postings to chat rooms, Forums, blogs, moderators and other public posting areas, and any material you submit via emails to firstname.lastname@example.org or in any form to any representative of the Website, whether text or images, becomes the property of E-EYE and may be reproduced, modified and distributed in any medium, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on the Website, you are granting to E-EYE, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by E-EYE, its officers, directors, managers, employees, agents, Affiliates, licensees, successors and assigns (the “E-EYE Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on E-EYE’s community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant E-EYE, and anyone authorized by E-EYE, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as E-EYE deems appropriate without any obligation by E-EYE. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to E-EYE as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as ideas, photographs or original artwork. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. E-EYE has the right to reject any submissions and you acknowledge that E-EYE may have similar materials. By using this Website, you waive all right to any submission.
Rights to Video Submissions. If you submit user-generated video to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant the E-EYE Parties a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your user-generated video submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the E-EYE Parties may or may not earn or generate through its use of your Video Submission.
E-EYE Parties’ Right to Use Your Video Submission. You grant the E-EYE Parties the non-exclusive right to edit, blur or remove Content in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the Websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video, DVD products, motion pictures, blogs, websites, mobile services, products or any other commercial promotion) of the E-EYE Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other Third Parties. You also grant the E-EYE Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the E-EYE Parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the E-EYE Parties’ use and distribution of your Video Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that (i) no licensed music or other protected materials are used in your Video Submission; (ii) no further permissions or fees are due for the E-EYE Parties’ use and distribution of your Video Submission or any Elements therein; (iii) any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any Third Parties; (iv) you have not accepted money or other consideration from Third Parties for your Video Submission; (v) no logos or brand identifiers are visible in your Video Submission or, if visible, you grant to the E-EYE Parties the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Video Submission; and (vii) no money or other compensation is due to any person, entity, guild or union in relation to the Video Submission.
Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by E-EYE) or privately transmitted on or through this Website are the sole responsibility of the sender, not E-EYE, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Objectionable Content. E-EYE requires that you do not post emails or submit to or publish through Forums or otherwise make available on this Website any content or act in a way which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(m) copies any other pages or images on this Website except with appropriate authority;
(n) amounts to a “pyramid” or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website;
(q) provides untruthful and inaccurate registration information;
(r) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18;
(s) promotes information that the user knows is false or misleading;
(t) promotes conduct that is abusive, threatening, obscene, defamatory or libelous; or
(u) contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (t) above.
Release and Waiver; Indemnification. You acknowledge that the E-EYE Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the E-EYE Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
Sales Terms. Various products may be offered for sale through the Website or through links from the Website. These products are offers by Third Parties and are not offered for sale by E-EYE or its Affiliates. Although the products offered may contain trademarks owned by E-EYE or its Affiliates, they are not products manufactured or sold by E-EYE or its Affiliates. All terms of sale including, but not limited to, quality, pricing, returns, shipping policy and warranty are governed by the terms and conditions as set forth by the Third Parties on their websites or communicated by other means. You purchase products from these Third Parties at your own risk. Neither E-EYE, its Affiliates nor any of their respective employees or agents are responsible for products purchased from Third Parties. All of the provisions of these Terms and Conditions of Use apply to purchases by you of products offered by Third Parties including, without limitation, the provisions relating to release, waiver, indemnification and limitation of liability.
Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, Forums, services and other content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither E-EYE, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
To the full extent permitted by applicable law, E-EYE, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, or any warranty that the Website will operate uninterrupted or error free. E-EYE does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. E-EYE does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise. E-EYE makes no warranties that your use of the materials on the Website, information, software, facilities, Forums, service or Content will not infringe the rights of others and E-EYE assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, Forums, service or Content.
E-EYE makes no representations or warranties regarding use or the results of use, of any content, product or service contained on or offered, made available through, described or otherwise related in any way to the Website including, without limitation, any Third Party site or service linked to from the Website. The Website and products or services contained thereon are not substitutes for the advice of a licensed professional. E-EYE makes no representations or warranties and expressly disclaims any and all liability concerning any service or any action following the information offered or provided within or through the Website. If you have specific concerns or a situation in which you require professional service, you should consult with an appropriately trained and qualified specialist. Do not delay in seeking advice because of the information offered or provided through this Website.
You agree that by using any products or services, you do so entirely at your own risk. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge all E-EYE Parties from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any E-EYE Parties for personal injury or property damage.
UNDER NO CIRCUMSTANCES WILL E-EYE, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
Florida Law. This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Collier County, Florida and waive any objection you may have in the future with respect to any of the foregoing.
If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect.
Copyright Complaints. E-EYE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notice in writing containing your claim of copyright infringement which claim should set out the following information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your claim should be submitted to us at the following address: email@example.com.
Contacting Us. You may contact us at the following address: firstname.lastname@example.org