You acknowledge and agree that the Websites and all materials incorporated by EYOB on the Websites, other than the User Submissions (hereinafter defined), including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website(s) (“Material”) constitute the proprietary and valuable property of EYOB and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website(s) and Material other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by EYOB. Some of the characters, logos or other images incorporated by EYOB on EYOBwebsites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by EYOB, LLC or others (“Trademarks”). You agree not to use any EYOB Trademarks without EYOB’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website(s) (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to EYOB. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EYOB Trademarks or Third Party Mark displayed on the Website(s), without EYOB’s prior written permission in each instance. All goodwill generated from the use of EYOB Trademarks will inure to the exclusive benefit of EYOB.
Your Use of Material
Your User Submissions and Conduct
- You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to EYOB, via photo upload function on EYOB.com, via email or via the Mobile Services to EYOBsubmit@gmail.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, EYOB, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. EYOB has the right to edit and/or alter any User Submissions. EYOB reserves the right not to use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. Some of the Website(s) are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that EYOB may place such advertising and promotions on the Website(s) or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and publish your User Submissions and you license and authorize EYOB, and its affiliates, successors, agents and assigns, employees, licensees, and designees to use all IP Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Website(s) and these Terms. You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions. By posting to those categories, you agree you are of legal age.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to EYOB, you hereby grant EYOB, and its agents, employees, affiliates, licensees, designees, assigns and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, telecast, rerun, syndicate, print, perform and otherwise exploit the User Submissions in connection with the Website(s), including without limitation for advertising, marketing, promoting and redistributing part or all of the Website(s) (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website(s) a non-exclusive license to access your User Submissions through the Website(s), and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website(s) and under these Terms. You hereby waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for invasion of privacy and royalty payments. You grant EYOB and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that EYOB may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a five year period after your User Submissions is removed or deleted from the Website(s). EYOB reserves the right to repost or use the User Submission for any and all purposes within that five year period and if the User Submission is reposted to the Website(s), the above license will continue until such time as the EYOB removes or deletes the User Submission from the Website(s), after such time the five year period will begin again.
- You acknowledge that EYOB may establish general practices and limits concerning use of the Website(s), including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Website(s) and the maximum storage space that will be allotted on EYOB’s servers on your behalf. You agree that EYOB has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Website(s). You acknowledge that EYOB reserves the right to terminate accounts that are inactive for an extended period of time. Also, EYOB reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Website(s). Deleted User Submissions may be stored by EYOB in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, EYOB encourages you to maintain your own backup of your User Submissions.
- You agree not to post, email, or otherwise make available User Submissions:
(a)that are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
(b)that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) that impersonate any person or entity, including, but not limited to, a EYOB employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d)that include personal or identifying information about another person without that person’s explicit consent;
(e)that are false, deceptive, misleading, deceitful, or misinformative;
(f) that infringe any IP Right or other proprietary rights of any party;
(g)that you do not have a right to make available under any law, or under contractual or fiduciary relationships;
(h)that constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
(i) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website(s) or any computer software or hardware or telecommunications equipment;
(j) that disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Website(s), or that otherwise negatively affects other users’ ability to use the Website(s); or
(k)that employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Website(s).
- In connection with User Submissions, you further agree that you will not submit material that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EYOB, all of the license rights granted herein.
- EYOB does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, EYOB chooses, in its sole discretion, to monitor the User Submissions, EYOB nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. EYOB, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EYOB, expressly disclaims any and all liability in connection with User Submissions. EYOB does not permit copyright infringing activities on its Website, and EYOB will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to EYOB’s Copyright Policy. EYOB, reserves the right to remove Content and User Submissions without prior notice. You agree to indemnify and hold harmless EYOB, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your User Submissions.
- You agree not to alter or modify any part of the Website(s) or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Website(s). You must not interfere or disrupt the Website(s) or servers or networks connected to the Website(s), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any EYOB page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website(s) in a manner that sends more request messages to the EYOB servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website(s), nor to use any communication systems provided by the Website(s) (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website(s) with respect to their User Submissions. In your use of the Website(s), you will comply with all applicable laws, statutes and regulations.
- If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Website(s), Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
EYOB may offer certain services that are available via a mobile device or app, including (i) the ability to upload User Submissions to the Website(s) via a mobile device, (ii) the ability to browse the Website(s) from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services“). To the extent you access the Website(s) through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to EYOB.
Additional Terms for Apple App Store Applications
This Section applies to you only if you have downloaded the EYOB software from the Apple App Store.
(a) EYOB and you acknowledge that these Terms are entered into solely between you and EYOB, and not with any third party, including Apple, Inc. (b) These Terms are not intended to provide for usage rules for the EYOB software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
(b) Subject to all the terms and conditions herein, EYOB hereby grants you a personal, limited, non-commercial, nonexclusive, non-sub licensable, non-assignable, revocable license to download, install and use one (1) copy of the EYOBsoftware, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Website(s) and, if you have downloaded the EYOB software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c)You acknowledge that Apple has no responsibility for addressing any claims relating to the Website(s) or the EYOBsoftware or your possession and/or use of the Website(s) or the EYOB software, including but not limited to (i) product liability claims; (ii) any claim that the Website(s) or the EYOB software fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
(d)You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
External Link Disclaimer
In order to make our Comments interesting and informative for our users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments:
* If a comment is made using your identity or account it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Do not question why a previous comment was removed.
* Keep all comments relevant and ‘on topic’ to the particular EYOB website posting open for comments.
* EYOB will not accept responsibility for information posted in the Comments.
If EYOB receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, EYOB may remove that posting and/or any other related postings.
You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website(s) and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website(s) or our servers.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK. THE WEBSITE(S) AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYOB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE(S) AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. EYOB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE(S) WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EYOB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE(S) OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) OR ANY SITES LINKED TO THE WEBSITE(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EYOB MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE(S) OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) WILL NOT INFRINGE THE RIGHTS OF OTHERS AND EYOB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF EYOB. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. EYOB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE(S), (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE(S) BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE(S), AND/OR (VII) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL EYOB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE(S) OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE(S), REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF EYOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT EYOB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT EYOB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EYOB’s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY EYOB, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY EYOB.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON EYOB WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF EYOB OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. EYOB DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF EYOB. EYOB MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Dated: July 1, 2014