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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.
Eyecart - For a Fresh Look at Shopping! - Eyecart.com - Mary Kay - Carts
& Fabrics - Electronics - Ebay - Paypal - Computer - Sports - Football - NFL
- NBA - Toys - Cameras - Healing Field - DVD -Tools - Shopping
Untitled Document
Eyecart - For a Fresh Look at Shopping! - Eyecart.com - Mary Kay - Carts
& Fabrics - Electronics - Ebay - Paypal - Computer - Sports - Football - NFL
- NBA - Toys - Cameras - Healing Field - DVD -Tools - Shopping
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