Welcome to EyesUp!
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.
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.
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.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
DEACTIVATION AND DELETION OF ACCOUNT
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).
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.