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Welcome to Eyecart. We invite you to browse through our store and shop with confidence. In addition, we adhere to a strict privacy policy that means your information will not be shared, sold, or otherwise distributed. We hope you enjoy your stay.

1. These Terms and Conditions constitute a legal Agreement between You and Eyecart.com.

2. Eyecart.com grants you a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.

3. You May NOT, subject to the Terms and Conditions of this Agreement, access and acquire the Content via Eyecart.com, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
A. distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
B. authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
C. share Content across a network, on a CD, or in any other way;
D. CD's may not be burned or duplicated after purchase.
E. use Content in any logo or part of any trademark;
F. use Content in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc.
G. under any circumstances, use Content in connection with any pornographic, obscene, immoral, or illegal materials.
H.
in magazines, newspapers, book covers, and interiors of books as a design element.
I. as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others. Use in a Web site template requires a separate license and fee, and you may obtain information about such a license from sales@eyecart.com.
J. as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging. You may contact sales@eyecart.com to find out about a special license for such use in letter J.
K. in connection with your business or entity, eg corporate identity documents, and letterhead.
L. as design elements in video, film, or television broadcasts.
M. under any circumstances, use automated or programmatic means or methods to download Content;

4. You May,
A.
in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of Eyecart.com and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission."
B. in a personal use only with family or friends.
C. if CD is purchased you may use one CD per computer owned unless multiple licenses are purchased.
E. as decor in an office, lobby, or public area, restaurant, or retail store if purchased by Eyecart.com.

5. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. You also understand that the USA prohibits export of materials to certain countries and you will abide by such restrictions.

6. You represent and warrant that:
. You are at least 18 years of age and have the right to enter into this Agreement;
i. You do not reside in any country to which export of USA products are prohibited or restricted;
ii. You will not use the Content in any way that is not permitted by this Agreement;
iii. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
iv. The information you provide the Eyecart.com Sites is accurate and true, including without limitation all credit card information.

7. You understand and agree that Eyecart.com may, in its sole discretion, (a) monitor anything you download from the Eyecart.com website, as frequently as Eyecart.com in its sole discretion determines, for any violation of this Agreement, (b) flag all users who download more than 50 photos per day, as such activity indicates potential EULA violations or abuse of a username and password, (c) limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to insure the best possible service to all Eyecart.com subscribers, (d) track any abuse of your username and password in connection with the Eyecart.com website or in connection with this Agreement, (e) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and (f) terminate your account, without notice, if it finds what Eyecart.com believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to Eyecart.com Content, must immediately delete all Content acquired from Eyecart.com, and forfeit all fees paid.

8. Eyecart.com and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Eyecart.com, its employees, directors, and officers, and anyone else associated with Eyecart.com disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of Eyecart.com will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. Eyecart.com, its employees and officers, and anyone else acting on behalf of Eyecart.com also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. Eyecart.com, its employees, directors, and officers, and anyone acting on behalf of Eyecart.com make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither Eyecart.com, its employees, directors, and officers, nor anyone acting on behalf of the Eyecart.com website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

9. In no event will Eyecart.com, its employees, directors, and officers, or anyone else associated with Eyecart.com be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if Eyecart.com has been advised of the possibility of such damages. In no event will the liability of Eyecart.com, its employees, or related parties exceed the amount paid by you for accessing or using Eyecart.com and for accessing, acquiring, and/or using Content from Eyecart.com. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. This Agreement constitutes the entire agreement between you and Eyecart.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Eyecart.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Utah law governs this Agreement. The parties consent to jurisdiction over them in any state or federal court in Utah, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Utah law.

11. You have agreed, and reaffirm your agreement to conduct this transaction electronically.

 
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