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.
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’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.
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 three days after the date of mailing.
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.