Terms and Conditions of Eye Popper Digital Website Use
Updated April 7, 2019
Acceptance. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Eye Popper Digital with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time-to-time, in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
Requirements. The Website is available only to individuals that can enter into legally binding contracts under applicable law.
License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content, features, tools and applications in accordance with this Agreement. Eye Popper Digital may terminate this license at any time for any reason. You may use the Website for your own personal use. Unless otherwise expressly stated herein or on one of the Website, no part of the Website or any content contained thereon may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. Eye Popper Digital reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Eye Popper Digital infrastructure. Your right to use the Website is not transferable.
Proprietary Rights. “Content” refers to all elements of the Website, all content, Marks (defined below) audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, data and data collection tools and applications, information, databases, designs and all other proprietary information and materials, whether or not copyrightable or otherwise legally protectable, tangible or intangible, including the selection, sequence, look and feel and arrangement of items. Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and is protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any other person or entity without the express written consent of Eye Popper Digital. “Marks” refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. You may not alter, delete, obscure or conceal any copyright or other notices applicable to Content, impair or attempt to circumvent or alter any digital rights management or other technology, nor use Content or the Eye Popper Digital services in violation of this Agreement or any laws or regulations. You may not use, store or do anything with Content, unless expressly permitted under this Agreement. You may not use any computerized or automatic mechanism, to access, extract or download any Content or use Eye Popper Digital services in an illegal or harmful manner.
Disclaimer. The Website, Content and Eye Popper Digital services are provided on an “as is” and “as available” basis. All warranties, whether express or implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Eye Popper Digital makes no warranty that: (A) the Website, Content and/or Eye Popper Digital services will meet your requirements; (B) the Website, Content and/or Eye Popper Digital services, will be uninterrupted, timely, secure or error-free; or (C) the results that may be obtained from the use of the Website, Content and/or Eye Popper Digital services will be accurate or reliable. The Website, Content and/or Eye Popper Digital services may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the Website. We hereby disclaim any and all liability for harm resulting from downloading or accessing any content through the Website including, without limitation, for harm caused by viruses, worms, trojan houses or other similar devices. No advice or information, whether oral or written, obtained by you from Eye Popper Digital or through or from the Website, Content and/or Eye Popper Digital services shall create any warranty not expressly stated in this agreement.
Limitation of Liability. You understand and agree, to the fullest extent permissible by law, neither we nor any affiliate, successor or assignee, nor any of our or their officers, directors, trustees, employees, agents, licensors, representatives, advertisers or promotional partners shall be liable for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising from: (i) your use or inability to use the Website, Content and/or Eye Popper Digital services, or (ii) the cost of procurement of substitute goods and services resulting from any problem(s) with the goods, content and/or services purchased or obtained from the website, or transactions entered into, through or from the Website, regardless of the form of action, legal theory or basis of any claim, whether or not any party has been advised of the possibility of damages. If any limitation of remedy, damages or liability is prohibited or restricted by law, we are entitled to the maximum disclaimers and limitations permitted under this agreement, at law and in equity; however, in no event shall our liability to you for damages or otherwise and your remedy will be equal to the amounts you paid, if any, even if you claim that remedy fails of its essential purpose some jurisdictions do not allow the exclusion of certain warranties or certain limitations on damages and remedies, so some of these exclusions and limitations may not apply to you.
If you have a dispute with us or are dissatisfied with our service or your agreement with us, termination of your use of the Website and Eye Popper Digital services is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You agree we have no other obligation, liability or responsibility to you or any other party. Under no circumstances do we have any obligation to refund any monies you paid us.
Indemnification. You agree to defend and indemnify us and any of our affiliates, as well as our and their officers, directors, trustees, employees, agents, licensors, representatives and advertisers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from your breach or violation of this Agreement or arising from or associated with any Post, Content, messages or materials you submit or otherwise make available or your violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.
Third Party Websites. The Website may provide links to other Internet websites and/or resources. Because Eye Popper Digital has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Eye Popper Digital is not responsible for the availability of such third-party websites and/or resources. Furthermore, we do not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement of Content on our Service should be sent ONLY to our Designated Agent.
Written notification of copyright infringement must be submitted to our Designated Agent:
Eye Popper Digital, LLC
815 Locust St.
Herndon, VA 20170
Phone: (571) 213-6937
Your Notification of claimed infringement must include substantially the following information: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SENDING US A COUNTER NOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING
If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request us to replace the posting by sending us a counter notice to our Designated Agent as shown above.
Your counter-notice must be a written communication and must include substantially the following information: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least 10 business days for such person to respond.
Choice of Law. Your use of the Website and Eye Popper Digital services and this Agreement is governed and will be enforced under the laws of the Commonwealth of Virginia applicable to contracts made, executed and wholly performed in Virginia. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the Commonwealth of Virginia and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods apply, and their applicability is expressly excluded. You agree printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. Eye Popper Digital’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Any cause of action which you may have with respect to the Website or Eye Popper Digital services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Questions. If you have any questions, please visit our Contact page.