Eyeconit ("Visualead") Terms of Use

 

Acceptance of Terms

The following consists of the terms and conditions ("Term of Use") governing the access to and use of EYECONIT LTD, (“Eyeconit”, "we" or "us") Web site (the “Site”) and the software, services, information, tools, features and functionality available on the Site (the “Services”). By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein.  If you do not understand or agree to these terms, you should immediately exit this Site. If you continue using this Site you accept and agree to these Terms of Use.

These Terms of Use are a binding agreement between you and Eyeconit. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. Eyeconit may modify these Terms of Use at any time and without prior notice. We will endeavor to notify you of any material change. You should review the most current version of this document by visiting http://www.visualead.com and clicking on Terms of use.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE EYECONIT SITE AND SERVICES.

 

Limited License to Access the Site and Services

Subject to the terms and conditions set forth herein (including without limitation payment of the applicable fees), Eyeconit hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, fee bearing, limited license to access and make personal use of the Services (including the Site), only according to the terms of these Terms of Use. The license shall be granted until terminated in accordance with the terms hereof. If your license to use the Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Eyeconit may, without notice, delete or deny you access to any of the UGC (as defined below) or meta data that may remain in its possession or control. Your use of certain content may be subject to additional license terms accompanied therewith.  
You may, subject to the terms and conditions set forth herein, sub-license your license to use the Eyeconit proprietary feature known as the Visual QR Code Generator ("Visual QR Code Generator"), which enables end users to generate Visual QR codes, to your end users, solely for their own use without the right to sublicense and/or redistribute and solely under Eyeconit's brand name added in a prominent place within the Service offering ("Brand"), provided that: (i) all such sublicenses are made within the field of use and territory as designated in your registration form; (iii) you may not make any representation in Visualead's name or commit Visualead in any manner or provide any warranties that deviate from these Terms of Use; (iv) During the term hereof you will not participate in any R&D activities aimed to develop Visual QR code generators ]; (v) You  shall not take any action inconsistent with the Brand or at any time use, register or employ any trademarks or trade names, which are confusingly similar to the Brand and may use the Brand solely in connection with the foregoing sublicensing of the Service. Upon termination of your rights you shall immediately cease to use any and all the Brand for any purpose.
 
You shall be solely responsible for such sublicensing of our Services and shall defend indemnify and hold Eyeconit harmless in respect of any claims in connection therewith.
To the extent you wish to sublicense your right in the Service to users in more than one market segment, please contact us at partner@visualead.com to acquire our OEM License.
The determination of whether your use is deemed as within one or market segments is at Eyeconit's sole discretion and without derogating from any rights and remedies available at law and or contract, in the event your use is beyond the scope herein Eyeconit may at any time and without prior notice suspend and/or terminate your license.
 

 

Title & Ownership

All Intellectual Property Rights (hereinafter defined) evidenced by or embodied in and/or attached/connected/related to the Service, are and shall be owned exclusively by Eyeconit or its licensors. These Terms of Use do not convey to you an interest in or to the Services, but only a limited right of use revocable in accordance with the terms of these Terms of Use.  The rights granted by these Terms of Use are limited to those expressly stated herein and other limitations set forth in third party licenses referenced herein, and no additional rights or licenses are being granted by implication or otherwise. "Intellectual Property Rights" means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship (including without limitation photography or digital arts and designs), including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

LinkedIn™, the LinkedIn™ logo, the IN logo and InMail are registered trademarks or trademarks of LinkedIn™ Corporation and its affiliates in the United States and/or other countries.

The Twitter name, logo, Twitter T, Tweet, and Twitter bird are trademarks of Twitter, Inc. in the United States and other countries.

The Facebook name, logo, Facebook F, and Facebook Like button are trademarks of Facebook, Inc. in the United States and other countries.

 

Limitations On Use

The Services must be used and maintained in strict compliance with these Terms of Use.  You are aware that your use of the Services is contingent upon such compliance and that the Services will not function unless you comply with the conditions and limitations herein.  You agree that if, at Eyeconit's sole discretion, you are deemed to have violated this Section or any part there of the Terms of Use, or if Eyeconit, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Eyeconit's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Eyeconit may suspend or terminate your account without notice to or liability to you.

You shall be fully responsible to obtain for yourself, at your own cost, any and all licenses, permits, certificates and all other documentation and information required for your services, offerings and promotions, QR codes, including, without limitation, all licenses and/or approval required for the distribution thereof  and  the provision of content and Services. You agree to comply with the all applicable laws and regulations including those related to export controls relating to the export of the Products.

 

Unless you have obtained Eyeconit’s prior written permission, you may not:

-Resize the Visual QR Codes below 2.5cm;Impersonate any person or entity, including but not limited to an Eyeconit official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

-Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

-Sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms of Use with/to anyone else;

-Modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Services or create any derivative works or otherwise merge or utilize all or any part of the Services with or into other computer programs or other materials or attempt to discover all or any part of the Services source code;

-Copy, print, display, publish or transmit all or any part of the Services

-Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or any material that contains software viruses or any other computer code,  barcodes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or designed to access, data mine, or control any of the foregoing;

-Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like;

-Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

  • Violate any applicable local, state, national or international law, regulations and guidelines including, but not limited to, applicable ICANN regulation or policy;

Eyeconit may appoint an independent auditor to audit your activities and books which pertain or relate in any way to the Services and/or the fulfillment of your obligations hereunder.

 

Content and Links

You represent that: (i) you own all rights and licenses for all required uses of the barcodes, codes, underlying links such codes refer to, content, information, images, photos, text, graphics, logos, trademarks, service marks, designs, button icons, audio clips, digital downloads, data compilations, copyrighted materials, blogs, chats, software and services  provided or uploaded or referenced by you in connection with the Site and/or Services (“UGC”); (ii) have the right to provide applicable rights in the UGC, including the right to transfer and share UGC made available by you via application settings on the Site, which you control and for which you are solely responsible for; (iii) there are no restrictions, limitations, contractual or statutory obligations or restrictions or any other factor whatsoever which prevents or restricts from granting the rights in connection with the UGC ; and (iv) the UGC will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Eyeconit or any third person; or (g) otherwise violates any laws, rules, regulations or policies of any competent jurisdiction.

You are solely responsible for any representations, warranties and rights granted via your UGC. You shall ensure that it is made clear that any such representations are made solely by you and are in no way related to Eyeconit. You may not make any representations, grant rights or commit Eyeconit in any manner.

You hereby grant Eyeconit a personal, nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display and otherwise exploit UGC, in any media formats, solely for the purpose of enabling the provision of the Services, including without limitation the right to transmit UGC for users to scan. Such license will apply to any form, media, or technology now known or hereafter developed.

Eyeconit does not endorse or approve UGC or any other content made available via the Site, and we make it available to you only as a service and convenience, with regards to which Eyeconit acts as a mere conduit. We do not review such content, including without limitation, postings made in any chat rooms, forums and other public-posting areas on the Site. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us.

Although this Site may contain links to third party sites, Eyeconit is not responsible for the Content or privacy policies employed by any linked sites. Eyeconit provides these links as a convenience and does not endorse the companies or Contents of any linked sites. Eyeconit bears no liability for the Content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.  You are solely responsible for compliance with the terms thereof.

Eyeconit may enable you to embed links to your social media accounts within your UGC. This service is provided for your convenience and you agree to use it at your own risk and sole responsibility and in accordance with the terms of use and policies and guidelines of the applicable social media accounts.

Maintenance and Support

Other than to the extent specifically enumerated in a separate maintenance agreement between yourself and Eyeconit, if any, which maintenance agreement, if any, is hereby incorporated by reference into these Terms of Use, Eyeconit has no obligation to provide support, maintenance, upgrades, modifications, or new releases under these Terms of Use.
We give no warranties as to the accessibility performance availability, or of the Site or the service. Temporary suspension of access to this Site or service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. Eyeconit reserves the right to suspend the operation of the service, its site or any part thereof. You agree that neither Eyeconit nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
 
You understand and agree that all Visual QR codes generated in connection with the Services shall expire no longer then two (2) years after the date they were generated on the Site.
 
 

Fees and Payment

Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Visualead reserves the right to change its prices at any time. You authorize Visualead directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. 
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Visualead.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Visualead does not receive a request by the user, through the managed premium section under Visualead Website, for Charged Services termination you acknowledge and understand that Visualead will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Visualead expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user.  Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION VISUALEAD WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH VISUALEAD AT VISUALEAD’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME.  IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPAIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS VISUALEAD IN RELATION TO THE DISCONTIUATION OF THE SERVICES.

 

Eligibility and Access Requirements

Without limiting the foregoing, the Services are not available where they are illegal to use, and Eyeconit reserves the right to refuse and/or cancel services to anyone at its own discretion.

The Services may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Services, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.

 

Privacy Policy

Eyeconit recognizes and respects the importance of protecting the privacy of all information provided by users. Eyeconit collects and stores information about its users. Please read our Privacy Policy available at: http://www.visualead.com/privacy-policy

DMCA Compliance It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.Eyeconit.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Eyeconit's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eyeconit to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;

Information reasonably sufficient to permit Eyeconit to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that Eyeconit may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Counter-Notification:  If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Eyeconit may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

Disclaimers  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THEREOF IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EYECONIT AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ANY SERVICES AVAILABLE ON OR THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EYECONIT MAKES NO WARRANTY THAT:

1.THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS;

2.THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;

3.THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE;

4.THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;

5.ANY ERRORS ON THE SITE WILL BE CORRECTED;

6.THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE SITE ARE CORRECT AND ACCURATE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH CONTENT;

7.THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

EYECONIT HAS NO LIABILITY IN CONNECTION WITH YOUR UNDERYING BARCODES/QR CODE AND/OR YOUR USE, RESPRENTATIONS, OFFERINGS AND/OR SERVICES IN CONNECTION THEREWITH, ALL OF WHICH ARE UNDER YOUR SOLE RESPONSIBILITY. IT SHOULD BE MADE CLEAR TO YOUR QR CODE/BARCODE USERS THAT YOU AND NOT EYECONIT ARE SOLELY LIABLE AND RESPONSIBLE IN CONNECTION WITH YOUR AFOREMENTIONED ACTIVITIES AND/OR PROMOTIONS. YOU SOULD NOT USE OUR SERVICES IN CONNECTION WITH ANY ILLEGAL, VIOLATING OR INFRINGING ACTIVITIES. YOU SHALL DEFEND, INDEMNIFY AND HOLD EYECONIT HARMLESS IN RESPECT OF ANY CLAIM ARISING WITH BREACH OF THE FOREGOING.  EYECONIT ONLY FACILITATES THE ABILITY FOR YOU TO GENERATE AND/OR CUSTOMIZE QR CODES AND DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OFFERING OR ADVICE EXPRESSED IN THE WEBSITES/URLS TO WHICH QR CODES MAY TAKE USERS. EYECONIT ACCEPTS NO LIABILITY THEREFOR.
EYECONIT TAKES NO RESPONSIBILITY FOR THE ULTIMATE USE OF THE ORIGINAL OR CUSTOMIZED QR CODES.  

 

 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH USE.

 

Limitation of liability

EYECONIT AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS ARE NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF EYECONIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 EYECONIT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION.

WITHOUT DEROGATING FROM THE FOREGOING, THE TOTAL AND AGGREGATE LIABILITY OF EYECONIT AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES PROVIDED VIA THIS SITE, DURING THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT EYECONIT HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EYECONIT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EYECONIT. EYECONIT WOULD NOT BE ABLE TO PROVIDE THE SITE, SERVICES AND PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

Indemnification

You agree to indemnify, defend and hold harmless Eyeconit, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney's fees and costs, arising out of or in any way connected with your access to or use of this Site or Services and/or breach of the terms and/or warranties provided herein and/or your offerings, promotions, services and/or QR codes.

 

Termination

You agree that Eyeconit, in its sole discretion, for breach of these Terms of Use or for any or no reason, may terminate any account (or any part thereof) you may have with Eyeconit or your use of the Site, products and services. You agree that Eyeconit will not be liable to you or any third party for any such termination. Eyeconit may take any one or more of the following actions, or other actions not listed, at Eyeconit’s sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the Eyeconit's Site or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.Miscellaneous

Notice. Eyeconit may provide you with notices, including those regarding changes to Eyeconit's terms and conditions, by email, regular mail or postings on the Site. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site.

Waiver. The failure of Eyeconit to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Eyeconit.

Applicable Law and Jurisdiction.  . These Terms of Use are unless expressly stated otherwise  governed by the laws of the State of Israel, without regard to the conflict of laws provisions thereof.  The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the competent courts residing in Tel-Aviv and Eyeconit and you hereby submits to the exclusive jurisdiction and venue of such courts for the purpose of any such action.

Severability. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eyeconit without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

 Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Title & Ownership, Content and Links, Copyright, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous.

Force Majeure. Eyeconit shall not be liable for delays or failures resulting from causes beyond its reasonable control, including, but not limited to, communication or utility failures, third party acts and omissions. 

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This and the Privacy Policy attached hereto as an integral part hereof are the entire agreements between you and Eyeconit relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use by Eyeconit as set forth herein.

                                                                                          


 

 

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