Terms & Conditions
PLEASE READ THE FOLLOWING TERMS of USE CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
These Terms of Service are hereby effective on and will apply to the website that you are visiting, www.intheye.com (the “Website”), which is owned by In the Eye Designs LLC (the “Company”).
INTELLECTUAL PROPERTY
Our website may contain our service marks or trademarks as well as those affiliated or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks, without the prior written permission of In the Eye Designs LLC. Our content, as found within our website and services protected under the United States and foreign copyrights. The copying, redistribution, use or publication by you of any such content, is strictly prohibited. Your use of our website and services does not grant you ownership rights to our content.
USE RESTRICTIONS
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.You grant to In the Eye Designs LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to In the Eye Designs LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or In the Eye Designs LLC or a third party (in each case under any applicable law).You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.In the Eye Designs LLC reserves the right to edit or remove any material submitted to this website, or stored on In the Eye Designs LLC servers, or hosted or published upon this website.Notwithstanding In the Eye Designs LLC rights under these terms and conditions in relation to user content, In the Eye Designs LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PAYMENTS
A valid credit card or PayPal account is generally accepted for orders for products or services. In the Eye Designs LLC and its business partners, in our sole discretion, reserve the right to utilize other alternative payment methods for products, orders, or services. You are solely responsible for monies owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, localized sales taxes, extra incurred shipping costs due to incorrect address information entered by you, shipping charges, insurance, and any other associated costs
INACCURACY DISCLAIMER
The materials appearing on In the Eye Designs LLC web site could include technical, typographical, or photographic errors. In the Eye Designs LLC does not warrant that any of the materials on its web site are accurate, complete, or current. In the Eye Designs LLC may make changes to the materials contained on its web site at any time without notice. In the Eye Designs LLC does not, however, make any commitment to update the materials.
INDEMNITY
You agree to indemnify and hold harmless In the Eye Designs LLC and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Websites; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
TERMINATION
Either In the Eye Designs or User may terminate this agreement at any time. Without limiting the foregoing. In the Eye Designs shall have the right to immediately terminate Users Account in the event of any conduct by User which In the Eye Designs, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
COMMUNICATION TO YOU
You agree that In the Eye Designs LLC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of In the Eye Designs LLC’s products or services, or for such other purpose(s) as In the Eye Designs LLC deems appropriate.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
SITE TERMS OF USE MODIFICATION
In the Eye Designs LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
GOVERNING LAW
Any claim relating to In the Eye Designs LLC web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
PRIVACY STATEMENT
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected.