Your Account Information
To use any aspect of the EYETAMILMEDIA Products and Services, you may be required to register and provide certain information, including a member or user name, a password, a valid email address (the "Account Information") and your credit card information, if applicable. You agree that the Account Information and credit card information that you provide is true, accurate, current and complete information about yourself and your billing information, if applicable.
You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card by going to the Options menu and selecting Account > Manage Account. You will be asked to sign in again. Once signed in, an account summary screen is displayed. You can click the appropriate Edit button to edit Account Information. If you register for the EYETAMILMEDIA Products and Services through a device manufacturer portal for use with a device, you are agreeing to receive at least one EYETAMILMEDIA newsletter at the email address you provide during registration. To avoid receiving future newsletter mailings you may unsubscribe from the mailing list by clicking the "unsubscribe" link at the bottom of the EYETAMILMEDIA Newsletter. Clicking that link will lead to the confirmation of your removal from the EYETAMILMEDIA mailing list.
You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur with your account. If you believe someone has accessed any of the EYETAMILMEDIA Products and Services using your user name and password without your authorization, it is your responsibility to set up a new password. To do this, go to the Sign In screen, click the "Forgot your Password?" link, and follow the instructions. EYETAMILMEDIA will not be responsible for any losses arising out of the unauthorized use of your user name, password and/or account, and you agree to indemnify and hold harmless EYETAMILMEDIA, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
If you own a EYETAMILMEDIA Portable Radio Player, you agree that in connection with use of the Wi-Fi capability therein that you accept the terms of service of any service provider of such Wi-Fi service and further authorize EYETAMILMEDIA to accept such terms on your behalf. EYETAMILMEDIA will not be responsible for any losses arising out of your use of any Wi-Fi service or your violation of any Wi-Fi terms of service.
EYETAMILMEDIA grants to you a limited, non-exclusive, non-transferable license to access and use the EYETAMILMEDIA Products and Services in the territory for which you have purchased a license for personal non-commercial purposes only. If you subscribe to any of the EYETAMILMEDIA Products and Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber.
By subscribing to or accessing any of the EYETAMILMEDIA Products and Services, you are representing to us that you are authorized to use the credit card or other form of payment you provided (including having your telecommunications carrier bill you) and that you reside in the territory for which you have purchased a license. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the EYETAMILMEDIA Products and Services, and that person's compliance with this Agreement. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold EYETAMILMEDIA and its affiliates and distribution and syndication partners harmless from any breach of this Agreement. Any violation by you of the license provisions contained in this Agreement may result in the immediate termination of your right to use the EYETAMILMEDIA Products and Services. EYETAMILMEDIA reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE EYETAMILMEDIA PRODUCTS AND SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that with regard to your access of the EYETAMILMEDIA Site, you will not:
- use the EYETAMILMEDIA Products or Services to reproduce, copy or distribute copyrighted materials;
- upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by EYETAMILMEDIA;
- upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
- prevent or attempt to prevent others from using the EYETAMILMEDIA Products and Services or take any action designed to harm, slow down or adversely affect the EYETAMILMEDIA Products and Services or the EYETAMILMEDIA Site;
- use the EYETAMILMEDIA Products and Services for any fraudulent or inappropriate purpose;
- post adult-oriented material;
- use the EYETAMILMEDIA Products and Services to facilitate sending “spam” or unsolicited commercial email;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks delivered through the EYETAMILMEDIA Products and Services or any cover art shown therein;
- make the EYETAMILMEDIA Products and Services available over a network (other than EYETAMILMEDIA's network) where it could be used by others;
- provide your password to any other person;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the EYETAMILMEDIA Services or any portion of them;
- circumvent any technology used by EYETAMILMEDIA or its licensors to protect content accessible via the EYETAMILMEDIA Services;
- rent, lease or sublicense any of the EYETAMILMEDIA Products and Services;
- collect and use any product listings, descriptions, or prices;
- use any data mining, robots, or similar data gathering and extraction tools;
- download or copy account information for the benefit of another merchant;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EYETAMILMEDIA and our affiliates;
- use any meta tags or any other "hidden text" utilizing EYETAMILMEDIA's name or trademarks; or
- use the EYETAMILMEDIA Products and Services in any way that violates the terms of this Agreement or any Wi-Fi terms of service.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. EYETAMILMEDIA reserves the right, but shall have no obligation, to investigate your use of the EYETAMILMEDIA Products and Services in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
By submitting any content, you grant EYETAMILMEDIA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any intellectual property rights that may exist in such content. You also warrant that the holder of any intellectual property rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content submitted through the Products and Services retains any and all intellectual property rights that may exist in such content.
EYETAMILMEDIA takes no responsibility for any content contained within the EYETAMILMEDIA Products and Services, nor does EYETAMILMEDIA have any obligation to monitor such third party content. EYETAMILMEDIA reserves the right at all times to remove or refuse to distribute any content on the EYETAMILMEDIA Products and Services, such as content that violates the terms of this Agreement. EYETAMILMEDIA also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of EYETAMILMEDIA, its users and the public. EYETAMILMEDIA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
The EYETAMILMEDIA Products and Services utilize technology to protect transmitted digital information. Your use of the EYETAMILMEDIA Products and Services may be limited by such technology. You acknowledge that, from time to time, EYETAMILMEDIA may modify or discontinue using such technology. Security modifications made by EYETAMILMEDIA may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOUR ACCESS TO THE EYETAMILMEDIA SITE MAY BE TERMINATED AND YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
As between you and EYETAMILMEDIA, you acknowledge that EYETAMILMEDIA owns or has a license to all title and copyrights and all other worldwide intellectual property rights in and to the EYETAMILMEDIA Products and Services, including all content on this site (other than user uploaded content), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. All title and intellectual property rights in and to the licensed content in the EYETAMILMEDIA Products and Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
EYETAMILMEDIA Trademarks and Third-Party Trademarks The following are registered trademarks or trademarks of EYETAMILMEDIA: EYETAMILMEDIA, and its registered design logo, as well as certain other EYETAMILMEDIA trademarks, service marks, graphics, and logos (collectively, the "EYETAMILMEDIA Trademarks") used in connection with the EYETAMILMEDIA Products and Services. The EYETAMILMEDIA Products and Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to EYETAMILMEDIA Trademarks or the trademarks of any third party. Electronic Communications
When you visit the Site, use the Products or Services or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you through the Products and Services, by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EYETAMILMEDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. EYETAMILMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. EYETAMILMEDIA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EYETAMILMEDIA ARE FREE OF VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS AND EYETAMILMEDIA DISCLAIMS ANY LIABILITY RELATING THERETO. WITHOUT PRIOR NOTICE, EYETAMILMEDIA MAY MODIFY, SUSPEND, OR DISCONTINUE THE EYETAMILMEDIA SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER EYETAMILMEDIA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE EYETAMILMEDIA SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. EYETAMILMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE EYETAMILMEDIA PRODUCTS AND SERVICES, THE EYETAMILMEDIA PORTABLE RADIO PLAYER OR ANY WI-FI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. EYETAMILMEDIA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE EYETAMILMEDIA SERVICES. EYETAMILMEDIA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE EYETAMILMEDIA SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT EYETAMILMEDIA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
YOU WILL INDEMNIFY AND HOLD EYETAMILMEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE EYETAMILMEDIA SERVICES OR ANY WI-FI SERVICE.
EYETAMILMEDIA or its business partners may present advertisements or promotional materials on or through the Site and the EYETAMILMEDIA Products and Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that EYETAMILMEDIA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
The Site and the EYETAMILMEDIA Products and Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.
You may be able to link and/or post content to or from third party websites (e.g., Facebook) and the Site. You are solely responsible for any such content you post, and for any information contained therein. You are also solely responsible for complying with any applicable law, regulation and or rule of any applicable government agency and/or such third party website. The EYETAMILMEDIA Products and Services may contain content supplied by third parties and links to and from Internet sites maintained by third parties. EYETAMILMEDIA does not control such content or operate such third-party sites. Third party content (including advertisements) on and links on or to the EYETAMILMEDIA Products and Services do not constitute any endorsement by EYETAMILMEDIA. EYETAMILMEDIA is not responsible for the accuracy or reliability of third party information and you assume sole responsibility for the use of third party information.
You acknowledge that EYETAMILMEDIA neither endorses the contents of your communications or the communications of third parties on or relating to the EYETAMILMEDIA Products and Services, nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
EYETAMILMEDIA is not involved in any transaction between you and the merchants linked from the EYETAMILMEDIA Products and Services. If you have a dispute with one or more merchants, you agree to release and hereby release EYETAMILMEDIA (and EYETAMILMEDIA's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands, actual and consequential damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law and Assignment
Any dispute relating in any way to your visit to the Site or to Products or Services you purchase or use through EYETAMILMEDIA shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate EYETAMILMEDIA's intellectual property rights, EYETAMILMEDIA may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
EYETAMILMEDIA, Last revision date: September 12, 2019