PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms of Use apply to the website at Emovu.com (the “Website”) owned and operated by Eyeris Technologies, Inc., (“Developer”, “we”, “us” or “our”). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Website. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Website.

Please return to the Website and review these Terms of Use from time to time, as they may be amended without notice to you. We may occasionally update this Website, when we do, we will also revise the “Effective Date” at the top of this page. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Website. Please note that your use of certain content and features of the Website may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms.

The Website is only intended to be accessed and used by individuals that are 18 years of age or older. Please do not access or use the Website if you are under the age of 18.

PROPRIETARY RIGHTS & USE OF WEBSITE CONTENT: This Website is owned and operated by Developer and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Website (collectively, “Material”) is the property of Developer and its affiliates, licensors and/or third party service providers and protected, without limitation, by copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Website are the property of Developer, its affiliates, licensors, and/or third party service providers. You may not make any use of any Material or Marks without the prior written consent of Developer and any applicable third party. No Material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download Material for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices. Modification of the Material or use of the Material for any other purpose may be a violation of copyright, trademark, trade secret rights and others’ proprietary rights belonging to Developer and its affiliates, licensors and/or third party service providers. For purposes of these Terms of Use, the use of any such Material on any other website or networked computer environment is prohibited.

LICENSE/USE OF VISITOR CONTENT: By visiting the Website and posting content (if applicable), whether as a means of entry into a promotion or by any other means, and to the extent allowed by law, you grant Developer and its affiliates, licensors and/or third party service providers a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your content, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the content in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to yourself or any third party.

ACCOUNTS, CANCELLATION

If you register for an account to use the Website, you must complete the registration process specified on the Website by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Developer immediately of any unauthorized use of your account. Developer is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Website, in whole or in part.

YOUR CONDUCT: In using or accessing the Website you agree: not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites; not to disrupt or interfere with any other user’s enjoyment of the Website; not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without Developer’s express written consent; not to use meta tags or any other “hidden text” utilizing a Mark or product name without Developer’s express written consent; not to “deeplink” to the Website without Developer’s express written consent; and not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please review the Eyeris Technical Services and Privacy Statement to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services you agree to the terms of the Eyeris Technical Services and Privacy Statement.

LINKS & THIRD PARTIES: Links on the Website to third party websites (including, without limitation, sponsors, advertisers and issuers) that you encounter via the Website are solely provided as a convenience to you. If you use these links, you will leave the Website. You agree that Developer will not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that Developer does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Website, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

TERMINATION: Developer reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, including your breach of these Terms of Use or other conduct by you that Developer considers inappropriate. Developer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that Developer shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website (or any portion thereof).

DISCLAIMER: Developer makes no representation or warranty with respect to the Website or Material, all of which are provided on an “as is” and “as available” basis. Developer hereby disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Website, Material and any linked website. Developer does not warrant the functionality, information or links contained on the Website or that Material will meet your requirements, that the Website or Material are fit for any particular purpose, that the operation of the Website or Material will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. Developer does not warrant or make any representation regarding the use or the results of the use of any Material in terms of their correctness, accuracy, reliability, or otherwise. You (and not Developer) assume the entire cost of all necessary servicing, repair or correction.

LIMITATION OF LIABILITY: In no event and under no cause of action, including, without limitation, negligence, shall Developer and its parent, subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, shareholders, employees, agents or representatives (collectively, the “Developer Parties”) be liable for any damages, claims or losses incurred (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused, and under any theory of liability arising in connection with: (a) the Website, including, without limitation, any Material; (b) your use or inability to use the Website, including, without limitation, any Material; (c) your participation in any promotion or submission of any content on the Website or any use, authorized or otherwise of such content; (d) any third party website or service used in connection with or available through the Website; (e) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received in connection with the Website; or (f) errors, system down time, network or system outages, file corruption or service interruptions, even if a Developer party is advised of the possibility of such damages, claims or losses. Notwithstanding anything to the contrary contained herein, the Developer parties’ cumulative liability to you arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for access to the Website. If no amounts were paid, your sole remedy under these terms of use shall be to discontinue any use of the Website.

DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. DEVELOPER AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE, INCLUDING THE SITE, THE MOBILE APP AND THEIR CONTENTS (THE “DEVELOPER PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DEVELOPER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE DEVELOPER PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE.

DEVELOPER IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE WEBSITE OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE WEBSITE. Exceptions SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DEVELOPER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION: By using the Website, you agree to indemnify, defend and hold harmless the Developer Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Website, including, without limitation, any Material available on the Website and any activity of yours on the Website including your submission of any content or participation in any promotion; (3) loss of any data or account information; and (4) any material uploaded by you or through your computer to the Website or otherwise sent by you to Developer. You will cooperate as fully and reasonably as required by Developer in the defense of any claim. Developer reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Developer.

COPYRIGHT INFRINGEMENT CLAIMS: Developer respects the rights of all copyright holders and in this regard Developer has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Website in a way that constitutes copyright infringement, please provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A user who has material disabled or removed and believes that this material is in fact covered by “Fair Use” or is in some other way not infringing, and is not in violation of the requirements of the DMCA, may provide a “counter notice.” A proper “counter-notice” must provide the following:

The poster’s name, address, phone number, and physical or electronic signature; Identification of the material and its location before removal; statement under penalty of perjury that the material was removed in error or by misidentification; and Consent to federal court jurisdiction for adjudication of the matter, or if overseas, to an appropriate judicial body.

This counter-claim notice will be promptly forwarded to the complaining party. Should a proper counter-notice be provided, Developer may restore, at its sole discretion, the alleged infringing material in 14 days unless the claiming copyright holder brings suit within that time in a federal district court. Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees. Repeat offenders may have their access to the Website terminated without notice. Developer’s Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached at terms [at] eyeristech.com.

FORCE MAJEURE: Developer will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Developer’s reasonable control.

MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of any Website visitor or Developer in connection with these Terms of Use, shall be governed by, and construed in accordance with, the substantive laws of the state of California, USA. If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Developer with respect to the use of the Website and shall not be modified except in writing, signed by an authorized representative of Developer. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

CONTACT US

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at terms [at] eyeristech.com. We will attempt to address any issue raised in a reasonable period of time.