THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE EYERYS WEBSITE AND THE SERVICES AVAILABLE ON THIS WEBSITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND EYERYS. (“WE” “US” OR “EYERYS”) AND GOVERN YOUR ACCESS TO AND USE OF THE EYERYS WEBSITE LOCATED AT: EYERYS.COM (THE “SITE”). YOUR USE OF EYERYS’S SITE AND THE RELATED SERVICES ARE SUBJECT TO THESE TERMS. BY USING THE SITE, OR THE SERVICES PROVIDED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE AND/OR THE SERVICES. YOU AGREE THAT INSTALLATION OR USE OF THE SERVICES AND/OR USE OF THE SITE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. EYERYS MAY MAKE CHANGES TO THE SITE AND/OR SERVICES OFFERED ON THE SITE, AND EYERYS CAN CHANGE THESE TERMS AT ANY TIME, AND EYERYS WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS AND CONDITIONS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS AND CONDITIONS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS AND CONDITIONS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
This Site is the appropriate website to discuss and make comments and suggestions for Eyerys services but not to discuss and make comments and suggestions about any technology in general. Eyerys has the right to use any information and any email to Eyerys for any purpose and on an unrestricted basis, so if you are concerned about protecting your intellectual property rights that may be embodied in any of the forgoing, do not include them in any email you send to Eyerys.
General Use Restrictions
Eyerys provides content and other services through the Site. Certain information, documents, services and articles provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions or Postings (both as defined below) (together, the “Materials”) are provided to you by Eyerys and are the copyrighted work of Eyerys or Eyerys ’s contributors.
During the term of these Terms and Conditions, Eyerys grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Services and the Site solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials on any legal basis.
Password Restricted Areas of the Site
You will need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify Eyerys if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify Eyerys of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of Eyerys .
Purchases
You acknowledge that Eyerys reserves the right to institute charges for certain Services and to change its fees and/or fee structures from time to time in its discretion, and Eyerys shall post notice of such changes on the Site. You agree that your continued use of all or part of the Site will be subject to your agreement to pay any applicable fees.
By using all or part of this Site, you consent to receiving electronic communications from Eyerys and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Services. These electronic communications are part of your relationship with Eyerys and you receive them as part of your use of the Site and/or our services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Privacy Policy
Your use of the Site is governed by the Eyerys Privacy Policy, which is available at http://www.eyerys.com/terms-and-conditions (the “Terms and Conditions”). Third Party Content.
This Site may be linked to other sites that are not Eyerys sites. Eyerys is providing these links to you only as a convenience, and Eyerys is not responsible for the content or links displayed on such sites.
Unauthorized Activities
Postings and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold Eyerys and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Eyerys or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Proprietary Rights
Eyerys is a trademark of Eyerys in Indonesia. All other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Eyerys, Copyright © 2012. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Disclaimer of Warranties
EYERYS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES OR ANY MATERIALS, POSTINGS OR THIRD PARTY CONTENT OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, POSTINGS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, MATERIALS, POSTINGS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EYERYS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
EYERYS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL, POSTINGS OR THIRD PARTY CONTENT ON THE SITE OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. IN NO EVENT SHALL EYERYS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EYERYS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Eyerys controls and operates this Site from its headquarters in Indonesia and the Materials may not be appropriate or available for use in other locations. If you use this Site outside Indonesia, you are responsible for following applicable local laws.
General
Eyerys prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms and Conditions, as determined by Eyerys, will result in termination of your access to the Site or Restricted Areas. Eyerys has the right to terminate any password-restricted account for any reason. Eyerys will provide you with notice of the termination of your account. Any disputes relating to these Terms and Conditions or the Site will be heard in the state and federal courts. If any of these Terms and Conditionsis found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Eyerys’s failure to enforce any of these Terms and Conditions is not a waiver of such term. The Terms are the entire agreement between you and Eyerys and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Eyerys about the Site. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.