While EYE BUY ART prohibits certain conduct and content on its site, you further understand and agree that EYE BUY ART is not responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the EYE BUY ART service at your own risk.
- You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username and you will not impersonate any individual or entity or falsely state or otherwise misrepresent an affiliation with any individual or entity.
- You are solely responsible for your account and the security of your password relating to such account, you will not disclose it to third parties and you will promptly advise EYE BUY ART of any unauthorized use of your password.
- You must not abuse, harass, threaten, impersonate or intimidate other EYE BUY ART users or be defamatory, obscene, libelous or invasive of another’s privacy.
- You may not use the EYE BUY ART service for any illegal or unauthorized purpose and users agree to comply with all local laws regarding online conduct and acceptable content.
- You will not post, disseminate or transmit any content that (i) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; or (ii) you do not have the right to disseminate or transmit under law or contractual or fiduciary relationships; or (iii) contains personally identifiable information not belonging to you or including personal belonging to minors.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the EYE BUY ART service.
- By uploading images and item description content to EYE BUY ART, you agree to allow other EYE BUY ART users to view them and you agree to allow EYE BUY ART to display the images and content on EYE BUY ART and store the images, item description, profile and other content.
- Copyright of all artistic works, including photograph(s), sold by EYE BUY ART remain with the photographer at all times and buyers may not reproduce purchased photographs without express permission from the original photographer.
- You must not modify, adapt or hack EYE BUY ART.com or modify another website so as to falsely imply that it is associated with EYE BUY ART.
- You must not create or submit unauthorized or unwanted email or conversations (“Convos”) to any EYE BUY ART members (“Spam”).
- You must not transmit any worms or viruses or any file, code or programs of a destructive nature.
- You must not, in the use of EYE BUY ART, violate any laws in your jurisdiction.
Violation of any of these terms, as determined by EYE BUY ART in its sole discretion, will result in the termination of your EYE BUY ART account.
- EYE BUY ART reserves the right to modify or terminate the EYE BUY ART service for any reason, without notice at any time.
- EYE BUY ART reserves the right to refuse service to any user for any reason at any time.
- The EYE BUY ART service makes it possible to post images hosted on EYE BUY ART to outside websites. This use is accepted however pages on other websites which display images hosted on EYE BUY ART must provide a link back to EYE BUY ART from each photo to its photo page on EYE BUY ART.
- Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- You can remove your profile at any time by deleting your account.
EYE BUY ART’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. EYE BUY ART’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended EYE BUY ART members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use EYE BUY ART. Further, your EYE BUY ART account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
You release EYE BUY ART (and EYE BUY ART’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the EYE BUY ART website or any disputes with other users.
EYE BUY ART, EYE BUY ART’s subsidiaries, officers, directors, employees and EYE BUY ART’s suppliers provide EYE BUY ART’s web site and services “as is” and without any warranty or condition, express, implied or statutory. EYE BUY ART, EYE BUY ART’s subsidiaries, officers, directors, employees and EYE BUY ART’s suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
In no event shall EYE BUY ART, and (as applicable) EYE BUY ART’s subsidiaries, officers, directors, employees or EYE BUY ART’s suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
EYE BUY ART’s liability, and (as applicable) the liability of EYE BUY ART’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to EYE BUY ART in the 12 months prior to the action giving rise to liability, and (b) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold EYE BUY ART and (as applicable) EYE BUY ART’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and EYE BUY ART are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to EYE BUY ART (in the case of EYE BUY ART) or to the email address you provide to EYE BUY ART during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, EYE BUY ART may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to EYE BUY ART during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
EYE BUY ART’s goal is to make you happy. In the event a dispute arises between you and EYE BUY ART, please email EYE BUY ART at firstname.lastname@example.org and we will work quickly towards a solution. Disputes between you and EYE BUY ART regarding EYE BUY ART’s services may be reported to Customer Support by emailing email@example.com.