Welcome to EyesUp!

These Terms of Use govern your use of EyesUP website, the EyesUP service, or any applications (including mobile applications) made available by EyesUP (together, the "Service") however accessed, except where we expressly state that separate terms apply. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use the Service.

In this ‘Terms of Use’, we refer to all features (including our website and other online pages) and all services that we provide as “SERVICE”, collectively.

EYESUP SERVICES

EyesUP gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Service. This license has the sole purpose of enabling you to use and enjoy the benefits of the Service in the manner permitted by these Terms of Use.

The Service is protected by copyright, trademark, and other laws of the Philippines and other foreign countries. Nothing in these Terms of Use give you the right to use the EyesUP name or any of its trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of EyesUP and its licensors. Any feedback, comments, or suggestions you may provide regarding EyesUP, or the Service is entirely voluntary. We are free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Our Service evolves constantly. As such, the Service may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Service or any features in the Service to you or to all users. We also retain the right to create limits on use and storage at our sole discretion at any time.

ACCOUNT CREATION

1. You need to create an account to use most features of the Service by providing an accurate information about yourself. You represent that all information you provide or provided to EyesUP upon registration and at all other times are true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.

2. You must also be at least thirteen (13) years of age and above before you can open an account and use our Service. You are responsible for safeguarding your account, so use a strong password and limit its use to your EyesUP account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

3. You can control most communications in the Service’s settings. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of your EyesUP account, thus you can’t opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

4. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure at all times.

PRIVACY POLICY

To provide the Service, we must collect and use your personal data. Our Privacy Policy describes how we handle the information you provide to us when you use our Service. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing, and use by EyesUP and its affiliates.

YOUR RESPONSIBILITIES

You may not do any of the following while accessing or using the Service:

  • Access, tamper with, or use non-public areas of the Service, EyesUP’s computer systems, or the technical delivery systems of EyesUP providers.

  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

  • Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by EysUp (and only pursuant to the applicable terms and conditions).

  • Interfere with, or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service.

  • Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content via the Service.

  • Solicit, collect, or use the login credentials of other EyesUP users.

  • Defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities.

  • Post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, non-public phone numbers, or non-public email addresses.

  • Change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or its developer, MicroSLT.

  • Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any EyesUP users.

  • Create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.

  • Attempt to restrict another user from using or enjoying the Service. You must not encourage or facilitate violations of these Terms of Use or any other EyesUP’s terms. and

  • Use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your content, including but not limited to copyright laws.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that EyesUP is not responsible or liable for the conduct of any user. EyesUP reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.

CONTENT ON THE SERVICE

You are responsible for your use of the Service and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others. EyesUP does not claim ownership of any Content that you post on or through the Service.

Any use or reliance on any content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service or endorse any opinions expressed via the Service.

You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who posted such content. We may not monitor or control the content posted via the Service and, we cannot take responsibility for such content.

We reserve the right to remove content that violates these Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, harassment, and others.

You retain your rights to any content you submit, post, or display on or through the Service. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting us at support@eyesup.mobi.

Any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with EyesUP is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place EyesUP in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of EyesUP, and EyesUP will not be liable for any use or disclosure of any content you provide.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of EyesUP, its users, and the public.

THIRD-PARTY LINKS

There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service may also include third-party content that we do not control, maintain, or endorse.

Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share content from the Service or your content with a third-party, which may be publicly posted on that third-party's service or application.

EyesUP does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that EyesUP is in no way responsible or liable for any such third-party services or features.

Your correspondence and business dealings with third parties found through the service are solely between you and the third party.

ADVERTISING

In consideration for EyesUP granting you access to and use of the Service, you agree that EyesUP and its third-party providers and partners may place advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

The manner, mode and extent of such advertising and promotions are subject to change without specific notice to Users. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, EYESUP CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER EYESUP NOR ANY OF ITS DIRECTORS, STOCKHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE "EYESUP PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE. (B) THE EYESUP CONTENT. (C) USER CONTENT. OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EYESUP OR VIA THE SERVICE. IN ADDITION, EYESUP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

EYESUP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. THAT DEFECTS WILL BE CORRECTED. OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. EYESUP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EYESUP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND EYESUP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

EYESUP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL EYESUP BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE. (B) THE EYESUP CONTENT. (C) USER CONTENT. (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE. (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY EYESUP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE. (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION. OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF EYESUUP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL EYESUP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL EYESUP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EYESUP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY EYESUP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY EYESUP PARTIES.

EYESUP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION

You agree to defend, indemnify, and hold EyesUP Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service. (ii) your breach or alleged breach of these Terms of Use. (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities. or (v) any misrepresentation made by you. You will cooperate as fully required by EyesUP in the defense of any claim. EyesUP 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 EyesUP.

DEACTIVATION AND DELETION OF ACCOUNT

You may end your legal agreement with EyesUP at any time by deactivating your account and discontinuing your use of the Service. We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Use (ii) you create risk or possible legal exposure for us. (iii) your account should be removed due to prolonged inactivity or (iv) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. Where appropriate, we will notify you about your account the next time you try to access it.

If we terminate your access to the Service or deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been shared by others).

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

RESERVATIONS

Although it is EyesUP’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

UPDATING THE TERMS OF USE

We may revise these Terms of Use from time to time. The changes will not be retroactive, and the most current version of the Terms of Use will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Use. Therefore, you should review these Terms of Use and any updated Terms of Use before using the Service.

We hope that you will continue using our Service, but if you do not agree to our updated Terms of Use and no longer want to be a part of the EyesUP, you can deactivate your account at any time.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and EyesUP and governs your use of the Service, superseding any prior agreements between you and EyesUP. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

Any purported assignment or delegation by you without the appropriate prior written consent of EyesUP will be null and void. EyesUP may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights. EyesUP’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.